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Lakeview Family Dentistry — Site plan and variance requests <br />Page 2 <br />B. Existing Conditions <br />The property is 0.85 acres and is adjacent to Egg Lake with wetlands located on the eastern <br />portion of the site. There is an existing dental clinic on site that has access to Highway 61. <br />3. ANALYSIS: <br />A. Level of City Discretion in Decision -Making <br />The City's discretion in approving or denying a site plan is limited to whether or not the <br />proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If <br />it meets these standards, the City must then approve the site plan. <br />The City's discretion in approving or denying a variance is limited to whether or not the <br />proposed project meets the standards in the Zoning Ordinance for a variance. The City has a <br />higher level of discretion with a variance because the burden of proof is on the applicant to show <br />that they meet the standards in the ordinance. <br />B. Variance from Maximum Impervious Surface Coverage <br />The Shoreland Overlay District requires that no more than 25% of a lot within the district may be <br />covered by impervious surface. The existing lot has an impervious surface coverage of 30.6% <br />and the proposed site plan has an impervious surface coverage of 50.6%. The applicant is <br />requesting a variance to allow an impervious surface coverage of 50.6%, where 25% is required <br />by ordinance. <br />Staff used the standards outlined in Section 90-38 of the City Code and found the following: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />The applicant is proposing to use the property in a reasonable manner that is consistent <br />with the use of the existing building. It is reasonable to add on to an existing business. <br />The property is subject to a maximum impervious surface coverage of 25% because it is <br />within the Shoreland Overlay District. However, standard C-1 zoning allows up to 90% <br />of the lot to be covered by impervious surface. It is reasonable for a commercial property <br />to need additional impervious surface to meet the minimum parking requirements. <br />