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c. The proposed project improves the terrain or a drainage issue. d. The original reason or need for the setback permit was not created by the current owner. e. The existing improvements along with proposed improvement retain a minimum of 70% ofthe pervious surface and green space of the lot. f. The proposed project creates no other setback or variance conditions. g. The proposed project improves the aesthetics, covered storage, or the functional use of the site. h. The proposed project uses the same exterior structure materials and colors as the principal structure and accessories. I. The final building mass is consistent with that on contiguous properties. J. The building or driveway expansion/addition does not place more vehicles adjacent to living quarter first floor bedrooms of adjacent homeowners. k. The drainage and roof gutters guide water away from the structure and adjacent structures. \. The roof is properly proportioned to and integrated with the roof of the principal structure (dwelling) on the property. 6. A setback permit shall not reduce the principal structure side yard required setback by more than 70% or be closer than three (3) feet to a property line. 7. A setback permit shall not reduce the principal structure front or rear yard required setback by more than 20% or be closer than twenty-four (24) feet to a front or rear property line. 8. A setback permit shall not reduce the accessory structure side or rear yard required setback by more than 70% or be closer than three (3) feet to a property line. 9. A setback permit shall not reduce the setback of a driveway by more than 70% or allow a driveway to be closer than two (2) feet to a property line. As an exception, driveways existing prior to October 26, ] 998, and located closer than two (2) feet to a property line may be replaced with a setback permit provided all other applicable provisions of the Section are met. 10. The Community Development Director may add conditions to a setback permit in order to mitigate the impact of the reduced setback on adjacent properties. The Development Review Committee may recommend such conditions to the Community Development Director; however, only the Community Development Director has the authority to impose such conditions. J J. A contiguous property owner(s) may appeal the Community Development Director's administrative decision regarding the granting of a setback permit by filing a written appeal to the City Council with the City Manager within ten (l0) days of the action granting the setback permit. The City Council shall take up the appeal at a regular Council meeting within thirty (30) days of the appeal. (The authority to hear appeals of an administrative decision is given to the City Council acting as the City's Board of Adjustment and Appeals through Minnesota Statute 9462.354) 12. Ifthe requirements listed in this Section cannot be achieved by the applicant, the variance procedure (Section 10 13 .02) shall apply. All encroachments greater than those described 3