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4 3. A paver driveway and sidewalk could reduce the total impervious coverage but the upfront costs make this option the expensive partial solution. As discussed above, these could be reasonable conditions to require only if findings support granting the variance. Staff has the same concerns regarding annual maintenance and costs for any proposed mitigation such as rain gardens, infiltration basin and/or pavers. 4. The Client’s ability to make different choices is limited with regard to floor plan and lot choice due to limited lot selection and health issues. The client prefers this rambler house plan; however, this is not a unique circumstance. The MNDNR handout clearly states unique circumstances do not include physical limitations or personal circumstances created by the property owner such as size of home or design preferences. 5. The Applicant’s ability to market this lot is reduced by nearly half due to lot selection, Sharper’s PlanBook and private covenants. The Applicant noted the proposed house is a custom built rambler; therefore, a custom built rambler or two (2) story dwelling that meets requirements can be designed. The City is not obligated to approve house plans in order to meet private development covenants. Engineering Comments The City Engineer reviewed the revised grading exhibit that was submitted with the variance application (Attachment #4). The revised grading exhibit provided shows a proposed swale along the southerly property line directing water towards the rear lot line, discharging into a small infiltration basin/rain garden located in the northeast corner of the lot. The City Engineer does not recommend the practice of stormwater management for individual lots within a subdivision to accommodate non-compliant site construction for the following reasons: a. Overall functionality and longevity of the storm sewer system (BMP) in question. b. Tracking of potential BMP modification by current or future homeowner an issue. c. Need for private stormwater maintenance agreement recorded against the property in perpetuity. d. Need for additional drainage and utility easements. e. Who is responsible for maintenance? f. Are sureties secured for potential maintenance costs? Minnesota Department of Natural Resources (MNDNR) Comments MNDNR reviewed the variance application and recommends denial due to lack of unique circumstances, not in harmony with intent of ordinance and no practical difficulty (Attachment #5). As noted in their letter and handout and consistent with City ordinance, all variance criteria must be satisfied to approve a variance. Not all criteria are met; therefore, the variance should be denied.