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LUTI ~Ol <br />L T'I IT I <br />A RESOLUTION APPROVING <br />VARIANCE UES~' 09-0 0 <br />D ES7"~LISF~I G <br />FINDINGS OF FACT THEREFORE <br />, Application was made on Februa 9, 2009 b Fred McCo for a Variance <br />~ ~ y <br />to expand his restaurant for the property legally described as the east 30 <br />feet of the west $9 feet of Lot 1, Block 4, Village of Elk River, Section 34, <br />Township 33, Range 26, Sherburne County, Minnesota., G5~ Main Street.; and <br />The application for approval the Ap lication was referred to the Ci <br />p ~ ~Y <br />Council; and <br />The City Council conducted a public hearin on the A lication after <br />g pp } <br />proper publication and due notice thereof as required by ordinance and <br />statute, on February 17, 2009; and <br />Following completion of the public hearin ,the Ci Council made the <br />g tY <br />following findings of fact with respect to the application: <br />1, The cite has invested in making the downtown successful; other bars are <br />larger; and the inability of the applicant to expand imposes a hardship, <br />2. Tlae setback affects the applicant's parcel more than any other parcel in the <br />downtown area, <br />3. A special circumstance is the bluff, which is not a result of the applicant's <br />awn actions. <br />4. Qther downtown property owners have been able to expand into the bluff <br />area without dealing with impervious surface areas. <br />5. Based on the record and hearing before the city council tonight and the <br />prior hearing Qanuaty 20, 20D9~ before the city council regarding the <br />conditional use permit. <br />IT L' that the Ci Council of the Ci of Elk <br />~ tY <br />River, based on the f~.dings of fact set forth above, hereby a roves the A lication for a <br />pp pp <br />Variance to expand a restaurant, on condition that; <br />~. City engineer shall approve, prior to construction, a bluff re~stabilization <br />plan and stormwater management plan. <br />2. Use approved materials consistent with the downtown design guidelines. <br />3. Subject to DNR review and approval. <br />4. Any item or condition Found that indicates the site is likely to yield <br />information nnportant to prehistory or history shall be reported to the city <br />immediately, Further, the city reserves the right to stop work authorized in <br />its approval until the site is appropriately investigated and work is <br />authorized to continue by the city, <br />C:~Documen~s and Set~n~s~jjahns~n~1.,~cal 5ett~ngs`Tempor~ry Internet Files`~LK49~1Zesol~tian-Appra~-e,doc <br />