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4.0 BACKGROUND 4.1 The applicants own the residential property at 2373 Victoria Street. The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 4.2 The existing improvements on the property include a house with a one-car, attached garage that is set back about 85 feet from the front property line and a long horseshoe- shaped driveway. 5.0 STAFF COMMENT 5.1 Section 1012.01 (Lot Provisions) of the City Code requires a minimum side yard setback of 5 feet on this property. The proposed garage expansion would encroach 2 feet into the required side yard setback, extending the principal structure to a distance of 3 feet from the side property line. This encroachment could have been reviewed and approved administratively were it not for the amount of impervious surface area on the property. 5.2 Section 1004.O1A6 (Maximum Total Surface Area) limits impervious coverage on a residential property to 30% of the lot area; on this 11,850-square-foot lot, 3,555 square feet of impervious surface area would be permitted. The applicants have measured the principal structure foundation to be 1,615 square feet, and the City's aerial photography indicates that the existing driveway is about 2,350 square feet. The existing impervious coverage, therefore, is about 3,965 square feet, or about 33.5% of the lot. The proposed addition would add 190 square feet to the garage, resulting in a total of about 4,155 square feet (35%) of impervious surface area on the property. 5.3 The applicants have indicated that the existing concrete apron/carport is wide enough to serve the proposed garage addition without the need for an expanded driveway. 5.4 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. 5.5 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships in the way of carrying 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 anc� may impose such additional conditions as it considers necessary so that the public health, safery, and general welfare may be secured and substantial justice done. 5.6 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 means the property in question cannot be put to a reasonable use if used under PF07-035 RVBA 071107 � --� Page 2 of 4