4.0 BASR 02-10-2009 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Plannin Commission 4 Agenda Section Meeting Date Prepared by Plannin Items Februa 10, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Fred McCoy (McCoy's Pub) for Variance from the erem Barnhart, Plannin Mana er Shoreland Setback Regulations, and the Impervious Surface Reviewed by Regulations, Case No. V 09-01 Action Requested Staff recommends that the Board of Adjustments deny the two variance requests, as illustrated on drawings dated 2/5/09, with the following reasons: 1. The application does not meet any of the variance criteria set forth in Section 30-635 2. The entire proposed 30 foot addition is within the DNR defined bluff line setback 3. The proposed addition and existing building will exceed the allowed impervious surface by approximately 45%. Should the Board of Adjustments approve the two variance requests, as illustrated on drawings dated 2/5/09, staff would recommend the following conditions: 1. City engineer shall approve, prior to construction, a bluff re-stabilization plan and stormwater retention plan. 2. Use approved materials consistent with the downtown design guideline. 3. Subject to DNR review and approval. 4. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized to continue by the city. 5. Building addition shall not to exceed 30 feet or no further than a line that extends from the bluffs building and the cinema main building. Background/Discussion The primary concern with the application is its inconsistency with the environmental regulations. In 1991 the city adopted the Shore Land Ordinance and Impervious Surface regulations that the Department of Natural Resources (DNR) established. These regulations, in part, pertain to bluff line setbacks and how much of the property can be covered with impervious surfaces. In an effort to accommodate existing structures, the DNR, in 1999, amended the Wild and Scenic line to accommodate all the existing structures in downtown.