3A - Variance to Exceed 25 Percent Impervious Surface Cover in the Commercial District

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COMMUNITY GROWTH Chy llf I N S T I T U T E PequOt Eyeris in Small?low r Planning STAFF REPORT Application: Variance to Exceed 25 Percent Impervious Surface Cover in the Commercial District Applicant: Paul Tucci, Oppidan Inc. Agenda Item:3(a) Background Information: The applicant has indicated that,being unable to finalize a deal with the property owner, Don Babinski, they now have a smaller parcel and thus need a variance for impervious coverage. A recent submittal seems to show the acquisition of an adjacent property and, as per the calculations on the plan, no further need for a variance. However, the applicant has indicated that they do not wish the variance application to be withdrawn. Applicable Regulations: The following regulations are applicable: Section 17-5.10 COMMERCIAL(C) 3. Lot, Use and Density Requirements. Impervious surface—percent, maximum 2 A. Impervious Coverage. Impervious coverage may be increased by up to 25%, not to exceed 50%of the property,through a conditional use permit if the following is provided and approved by the City: (1) A storm water retention plan showing containment of the io-year, 24- hour storm event on the parcel. (2) Direct runoff of stormwater to adjacent properties and wetlands shall be eliminated through the use of berms, infiltration ponds, swales, filtration strips or other permanent means. Section 17-11.7 contains provisions regarding the review of variance applications and directs the Planning Commission to make a decision on a variance request with consideration for the following factors: 1. The strict interpretation of the Ordinance would create undue hardship, and 2. The strict interpretation of the Ordinance would be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner, and 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance, and 4. The variance will not create a land use not permitted in the zone, and 5. The variance will not alter the essential character of the locality, and 6. The variance is not for economic reasons alone, but reasonable use of the property does not exist under the Ordinance. Pequot Lakes Staff Report 3(a)-1 November 5,2009