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November 9, 2020 Page 6 impervious surfaces on by approximately 220 square feet. A survey would be necessary to be more precise. The City has been rigorous in enforcing the impervious surface standards due to overall stormwater management issues, including specific areas of flooding in the past, and a number of variances have been denied for similar exceptions, or potential applicants cautioned that variances for future projects are unlikely. The ordinance has been structured to allow a slightly higher percentage for lots such as that of the applicant, increasing the standard allowance from 35% to 40% for smaller existing lots, under 9,000 square feet. For a lot of 8,732 square feet, a total impervious surface area – including all paved areas within the boundaries of the parcel, as well as roof coverage of both principal and accessory buildings, the maximum allowable impervious area is 3,493 squar e feet. Measurement taken by staff from aerial photography indicate a total current coverage (including the improvements placed by the applicant prior to permitting) of approximately 3,715 square feet. As noted above, the applicant could have a survey prepared to demonstrate a different number. However, under the current estimates, the applicant must remove 220 square feet of impervious area, or receive a variance to accommodate the current higher square footage. Had the applicant applied for the required building and/or zoning permits for the various improvements, staff would have notified him of the impervious standard, and cautioned him of the need to limit construction to the allowable area. In viewing the projects as if they were being proposed prior to construction, there is no apparent unique condition that supports the need for a variance to make reasonable use of the property. For the driveway discussed above, the expanded area adds about 210 square feet of coverage. The shed covers 200 square feet, 100 square feet of which is expanded coverage from the original condition. The patio adds approximately 375 square feet of coverage (again, estimating from aerial photography), about 75 square feet of which appears to be in the required setback. Staff recommends against the impervious surface variance, and further recommends that at least 220 square feet of current impervious surface area is removed from the property. As highlighted previously, the applicant may present a survey that accounts for current conditions, and which may modify that total to match the maximum allowable coverage of 3,715 square feet. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES. 3. Criteria for and Consistency with Criteria for Variance Approval. 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. Request: Request for a 5-foot variance from the required side yard setback. The applicable criteria include: