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Case File: V 09-04 Page 4 Nelson Variance Impervious Surface Number of llriveways Impervious Surface: There does not appear to be a hardship relative to the impervious surface. However, there are options to reduce the impervious impact, including design and material changes. 3. The .r~ecial conditions and circumstances are not a consequence of the~etitioner'.r ozvn action or inaction. Driveway: The larger lot is a result of the petitioner's action of consolidating the lot. Impervious surface: The impervious surface is not a hardship. 4. The literal a,~lication of the provisions of this ordinance would derive the petitioner of rights enioyed by other pro~ierties in the same district under the terms of this ordinance. Driveway: There are other `turn around' driveways in the neighborhood. These types of driveways are not that uncommon. The challenge with this lot is that due to the lake setback, the house must be moved close to the street, thereby reducing options. Reducing the width of the driveways at the property line would reduce the impervious surface area, and still provide the ability to park off street. Impervious surface: Taken individually, the impervious surfaces (patio/ pool, driveway, house, boat house) are not inconsistent with the neighborhood, just their size. By employing necessary runoff reduction and water quality improvement measures, the impervious surface concerns are mitigated to a degree. 5. The variance will not be injurious to or adversel~a~et the health safet oy r ave~are of the residents o the city or the neighborhood avhere the~ro~erty is located and avill be in kee~iing with spirit and intent ofthe ordinance. Driveway: The additional driveway, if installed, likely will not create a hazard for the public. If the width of the driveway was reduced, the driveway would be more consistent with the ordinance. Impervious Surface: The purpose of impervious surface regulations along water ways contributes to the community wide water quality question. Reducing the impervious surface allows more water to percolate into the ground, or to flow through vegetative areas to be cleaned before entering Lake Orono, or the rivers and streams. Although the standards for variance are not met, the ordinance does give authority for a property owner to increase the level of impervious surface if they: provide a "storm water drainage plan which restricts the developed five-year frequency event peak discharge to a rate no greater than the five-year historic undeveloped peak discharge. To the maximum extent possible, the drainage plan must also provide for methods of runoff settlement and/or filtration prior to discharge to the receiving water." Allowing the variance without requiring a storm water management plan in this situation would have a negative impact on the residents of the city, and would be inconsistent with the spirit and intent of the ordinance. 5:APLANNING ~dAIN\Case Files\Variance\l' 09-(14 Nelson\PC shiFf report 8-ll-09.doc