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5.0 STAFF COMMENT 5.1 Section 1004.O1A6 (Supplemental Lot Requirements) requires a 5-foot principal structure setback from the side property line. The proposed 2-foot encroachment could be accommodated with a Setback Permit — which was how Mr. Gross initially sought approval of the encroachment — except that the resulting impervious coverage necessitated a variance. 5.2 Local and regional storm water management systems are designed to accommodate run off from residential lots with a maximum of 30% coverage, and the existing flooding problems will be progressively exacerbated when such coverage exceeds 30% on more residential lots if mitigating measures are not implemented. 5.3 Section 1012.O1B (Maximum Total Surface Area) limits impervious surface area to 30% of single-family lots; the subject property is about 10,100 square feet, allowing for 3,030 square feet of permitted impervious coverage. The existing principal structure, accessory building, and driveway make up about 2,300 square feet of impervious coverage, or approximately 23% of the total lot area. 5.4 The proposed addition would significantly enlarge the footprint of the principal structure to about 2,755 square feet; total impervious coverage would be about 3,500 square feet, or 34.5% of the lot area; this is about 470 square feet more than the Code allows. While this would be a dramatic increase in the size of the principal building, it's worth noting that the current house is among the smallest in the city. 5.5 In the applicant's narrative, Mr. Gross discusses the extra storage space that will be created with the garage expansion. In order to minimize the excess impervious coverage on the property, staff recommends requiring the removal of the existing, 120-square-foot garden shed as a condition of approval of the requested variances. Removal of the garden shed would reduce the resulting impervious surface area from 3,500 square feet to 3,380 square feet — that is, from 34.5% of the lot area to 33.5%. 5.6 Most other houses in the immediate vicinity are about the size of the existing house on this property, and most of the lots appear to have less than 30% impervious coverage. The two contiguous lots to the north, however, have principal structure footprints (including attached garages) of about 2,400 and 2.600 square feet in area, which are similar to Mr. Gross' house after the proposed addition. 5.7 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships in the way of caYrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. " 5.8 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. `Undue hardship' as used in connection with the granting of a variance PF07-031 RVBA 071107 � "'� Page 2 of 4