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5.8 The plight of the landowner is due to circumstances not created bv the landowner: In 1999 the City Code was amended to limit impervious coverage on a residential property to 30% of the lot; this regulatory change created several nonconforming lots throughout the city. The need for the present variance is driven by the applicant's desire to redevelop the garage and turn-around area into a more useful configuration, thereby reducing the amount of iinpervious coverage. The Associate Planner has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. 5.9 The variance, if granted, will not alter the essential character of the locality: A decrease in the property's impervious coverage will not create an adverse impact on adjacent properties, or the adjacent neighborhood; conversely, it will actually be of benefit by reducing the ainount of storm water runoff from the site. The Associate Planner has determined that the allowance of an 800 SQUARE FOOT VARIANCE TO §1004.O1A6 of the City Code will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare of the city or adjacent properties. 6.0 STAFF RECOMMENDATION: S � 6.1 Based on the findings outlined in Sections �.2 —�.9 of this report, staff recommends approval of the request for a variance from § 1004.O1A(6) of the City Code to allow for the reduction of the overall impervious surface area on the residential lot from about 3,700 square feet (43% coverage) to approximately 3,400 square feet (40% coverage). 7.0 SUGGESTED ACTION: 7.1 ADOPT A RESOLUTION APPROVING AN 800 SQUARE FOOT VARIANCE TO §1004.O1A(6) of the City Code for Constance Briol, 2025 Lexington Avenue, to allow the reduction of the overall impervious surface area to approximately 3,400 square feet, or 40% of the lot. 8.0 NEXT STEPS: 8.1 The decision of the Variance Board is final unless an appeal is filed. The appeal period remains open for 10 days from the date of the decision, and an appeal may be made either �� by the applicant or by another property • 8.2 An appeal must be submitted in writing to the City Manager by NOON on June 19`h, 2006, and the appeal will be heard by the City Council on Monday, June 26�h, 2006. 8.3 If no appeal is filed, Community Development staff will mail the resolution approving the variance to Ramsey County for recording against the subject property, and a building permit may then be issued. Prepared by: Associate Planner Bryan Lloyd (651-792-7073) Attachments: Site plan indicating existing and proposed site coverage 2003 aerial photograph PF3761 RVBA 060706Page 3 of 3