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5 IS a no that 3 feet from a side yard Setback Permit. 5.7 Section 1016.14B (Water Management Overlay District Lot Standards) requires new single family residential lots to be a minimum of 100 feet in width and 15,000 sq. ft. in size. This Code requirement was in place back in 1998 when the previous variances were reviewed (and granted) but the project report was silent in its review of both lot width and size as it related to the Section. Staff assumes that the creation of the 78 foot wide parcel in 1987 met the requirements of the Code, therefore, a variance was not deemed necessary. However, for clarity sake, the City Planner has determined that a variance from both the width and size requirements is necessary. 5.8 Section 1016.l6A requires a principal structure setback of75 feet from the Ordinary High Watermark (0 HW) or "where structure exist on the adj oining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the average setback of adjoining structures from the ordinary high water level, provided the proposed building site is not located in the shore impact zone or in a bluff zone". The Shore Impact Zone is establishes as a setback equal to 50% of the standard 75 foot OHW setback or 37.5. In 1998 when the previous variances were granted, the city utilized the average setback among adjacent structures to conclude that the parcel had a required 46.5 foot OHW setback, and that the Kelsey proposal required a 9 foot variance. The analysis seems logical, however, the Shore Impact Zone "setback" is compromised and therefore, the variance should have been granted form the standard 75 foot setback and not from the altered setback (structure average). Based on the submittal by Mr. Brown, a 39 foot variance is necessary to allow the principal structure 36 feet from the OHW. 5.9 Section 1016.26Bl (Storm Water Management Impervious Surface Coverage) reads: Impervious surface coverage of a site shall not exceed 25% of the site area in a shoreland or wetland overlay district unless storm water is conveyed to an approved, on site or regional storm water ponding/retention facility designed to accommodate the increased run-off prior to discharge from the site into public waters or wetlands. A review of the former plan and variance approvals concludes that a house plan had not been submitted and the parcel was limited to the 25% requirement. The Brown proposal includes a house and attached garage plan with a building footprint of 2,032 sq. ft (principal structure of 1,297 sq. ft. and attached garage of 735 sq. ft.) and 587 sq. ft. of driveway/stoop/sidewalk (estimate) 2,600 sq. ft. of impervious coverage. PF3624_RVBA_030205.doc- Page 4 of 8