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June 11, 2012 Page 2 Staff informed the property owners that a variance would be required if they wanted to proceed with the proposed improvement. The property owner has submitted the required paperwork for a variance application. At the May 15, 2012 Planning Commission meeting, the Planning Commission directed the property owner to verify the amount of impervious surface by recalculating the driveway totals from the property line instead of from the street. The Planning Commission also asked the owners to investigate permeable pavers as possible options for constructing the patio area. Since the May 15, 2012 meeting, staff has consulted with the property owner and they have recalculated the amount of impervious surface on their driveway. As expected, the amount of impervious has decreased. Staff also encouraged the property owner to use pervious pavers for the patio portion of the improvement to reduce the amount of water runoff on the site or to reduce the size of the patio area to limit the increase in impervious surfaces. The property owner has recalculated the amount of impervious surface to exclude the portion of the driveway that is in the right of way. The owner has also reduced the size of the patio so that it really functions as a landing for the stairs rather than a patio. 2. Overview The property is located at 33013 1 st Avenue NE. According to Hennepin County property records, the lot is 68 x 134.27. The lot is approximately 9,131 square feet. Current impervious surface on the site includes the following: • Garage =437 square feet • House = 2,565 square feet • Driveway = 2,009 square feet Total impervious surface is 5,011 square feet. Approximately 54.9 percent of the property is covered by impervious surface. The Zoning Ordinance limits impervious surface to 35 percent on properties that are 9,000 square feet or larger. The proposed improvement will add 180 square feet of impervious surface to the lot, bringing the total impervious surface to 5,191 square feet. This would result in approximately 56.9 percent of the property being covered by an impervious surface. The amount of impervious surface currently on the property can be attributed to the house being constructed in the 1940s, prior to the implementation of the impervious surface ordinance. When the home was constructed, the garage was placed in the rear of the property, resulting in an unusually long driveway, which accounts for 40 percent of the existing impervious surface. The proposal would allow for a safer access between the driveway and the front door. The lack of an existing walkway and stairs creates unsafe conditions on the property, especially during the winter months. A paved walkway could be shoveled and the stairs would reduce the possibility of slipping due to an unsafe grade. 3. Ordinance Authority. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.039 Dimensional Regulations, (H) "The lot coverage for residential structures on lots with an area 9,000 square feet and above may not exceed 35 %." 4. Criteria for Variance. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: