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REQUEST FOR ACTION <br />To Item Number <br />Ci Council 6.2. <br />Agenda Section Meeting Date Prepared by <br />Communi Develo ment Februa 17, 2009 Chris Leeseber ,Park Planner-Planner <br />Item Description Reviewed by <br />Request by Fred McCoy (McCoy's Pub) for Variance from the erem Barnhart, Plannin Mana er <br />Shoreland Setback Regulations, and the Impervious Surface Reviewed by <br />Regulations, Case No. V 09-01-Public Hearing <br />Action Requested <br />Staff recommends that the City Council deny the two variance requests, as illustrated on drawings dated <br />2/5/09, with the following reasons: <br />1. The application does not meet variance criteria 1-4 set forth in Section 30-635 <br />2. The entire proposed 30 foot addition is within the DNR defined bluff line setback <br />3. The proposed addition and existing building will exceed the allowed impervious surface <br />by approximately 45%. <br />Should the City Council approve the two variance requests, as illustrated on drawings dated 2/5/09, staff <br />would recommend the following conditions: <br />1. City engineer shall approve, prior to construction, a bluff re-stabilization plan and <br />stormwater retention plan. <br />2. Use approved materials consistent with the downtown design guideline. <br />3. Subject to DNR review and approval. <br />4. Any item or condition found that indicates the site is likely to yield information <br />important to prehistory or history shall be reported to the city immediately. Further, the <br />city reserves the right to stop work authorized in its approval until the site is <br />appropriately investigated and work is authorized to continue by the city. <br />5. Building addition shall not to exceed 30 feet or no further than a line that extends from <br />the bluffs building and the cinema main building. <br />Board of Adjustments Discussion <br />Each of the commissioners expressed their views on the variance. The Board of Adjustments agreed <br />with staffls recommendation of denial with a 4-2 vote. <br />Public Comment <br />No one spoke at the public hearing. <br />S:\PLANNING MAIN\Case Files\Varianee\V 09-O1 Fred McCoy\V 09-01_CC.doc <br />