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Staff recommends hearing from the applicant and the Planning Commission and to work �-- out a plan that meets what the Supreme Court recommends. Mr. Lind stated he understands the Staff Report. PUBLIC COMMENT: None. Mr. Derksen asked if the applicant planned to remove the dwelling. Mr. Lind stated he plans to remove the entire house and foundation. Mr. Hallan asked how long ago the garage was built. Staff indicated the garage was built in 2004. The impervious coverage is now 32.8% and they are reducing it to 32 %. Chairman Woog stated there are 3 options included in the Staff Report and asked the Planning Commission to give suggestions to the applicant. Mr. Adams asked Mr. Lind if he has had a chance to internalize this. Mr. Lind stated that Number 3 is not an option. Building into the hill is probably not a good option. If the variance isn't approved the septic tank is under the house and is a problem. The septic system must be improved and a deep well is needed. The septic problem prompted this request and the house needed to be gutted to address it. Mr. Lind further stated he is not going to try to build onto the garage and the garage is not coming down. Mr. Hallan stated the structure could be rebuilt in the same place although the decks should not be rebuilt lakeward on a new structure within the setback. Chairman Woog asked Mr. Lind as long as he is tearing the dwelling all the way down, why not reconfigure it so it meets the setback? Mr. Marohn stated that incorporating the garage, there is 20 feet between the garage and the house. Could a new plan be designed to incorporate the two? Mr. Lind stated the house needs to be at driveway level. Chairman Woog stated the City doesn't have a leg to stand on. The Supreme Court decision is the biggest hurdle. The City is not allowed to approve a variance for anything else. There is not a lot of flexibility at this point. Mr. Hallan stated that if Mr. Lind does come back with a different plan the impervious coverage has to be reduced. He needs to take out a lot of hard surface or parking area. The Ordinance allows 25% with a stormwater management plan. Mr. Lind asked what that involves. His driveway is at the bottom of a hill on a City street. Does the City take care of the water problem that he has an issue with? Mr. Marohn explained a stormwater plan doesn't deal with a water issue such as that. If you are going to exceed 20% you have to manage your stormwater on site. If there is excess from other sources, you don't have to manage that. Minutes Pequot Lakes Planning Commission September 16, 2010