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Variance Board Meeting Minutes – Wednesday, July 12, 2006 Page 2 parking and/or storage area would be to construct a detached garage behind the home with a longer driveway necessary to access such a garage and causing impervious lot coverage in excess of Code requirements. Staff determined that the circumstances unique to the property were not created by the landowner and if granted, the variance would not alter the essential character of the locality. Staff recommended approval of the request for a 3-foot VARIANCE from City Code, Section 1004.016 (Minimum Driveway Setback) to allow construction of the proposed driveway up to two feet (2’) from the side lot line, subject to the following conditions: a) The driveway must not encroach within 2 feet of the side lot line b) Once the pavement has passed the rear of the home, the driveway is to be turned toward the interior of the lot so that a side yard setback of 5 feet may be achieved as soon as practicable. c) The proposed detached garage must not encroach into the required side yard setback. Staff further recommended approval of a 560 square foot VARIANCE from City Code, Section 1004.01A6 (Maximum Total Surface Area) to allow construction of the proposed structures and pavement on the property, subject to the following conditions: a) The detached garage must not exceed 576 square feet in size. b) The total impervious coverage on the lot must not exceed 3,655 square feet. c) The detached garage must he gutters that direct storm water runoff from the roof into the back yard and not onto the driveway or adjacent properties. d) Based on the area of the proposed driveway, a 50 square foot rain garden or other filtration area must be created in the front yard. The new driveway must be graded to direct storm water toward this filtration area; volume of water diverted and rate of runoff from the site must be approved by the City Engineer. e) The garden shed behind the residence must be removed from the site. f) The variance (if granted) shall expire within six (6) months of its approval if a building permit is not issued pursuant to City Code, Section 1013.03. City Engineer Deb Bloom reviewed recent watershed district rule changes; the problem areas within the City, specifically this area of the Gottfried Pit and its limited capacity and ongoing, problematic flooding of Larpenteur Avenue; and advised that staff would work with the property owner in the field regarding types of plants; required soil correction; and other assistance in the design and landscaping to enhance rain garden vegetation. Ms. Bloom noted that when their site plan was provided, staff would assist; and assured the Commission that staff was not promoting a major design cost. City Planner Thomas Paschke noted that the rainwater garden issue may be proposed as an ordinance amendment in the future to address corrections to drainage concerns, rather than staff dictating ways to correct situations in areas of the community with aging housing stock. Discussion included various components, rationale for, and watershed district rules regarding inclusion of a rain garden; slope of the driveway and rationale for the location of the rain garden in the front yard; need for overall runoff improvement on the site; clarification of the total square footage for impervious surface area as it exists and as proposed; whether long-term maintenance issues with rain gardens were problematic; and attempts to correct rate controls for runoff. It was the consensus of the Commissioners that since this was the first rain garden requirements considered by the Variance Board, broader language was needed to avoid the appearance of the Variance Board being arbitrary and to address concerns