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FILE #17-3918 17 April 2017 Page 3 of 9 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for hardcover, lakes setback, and average setback variances results in the property's inability to conform to #1 above. Therefore, area and width variances are also required in order to redevelop the property. Lake Setback & Average Lakeshore Setback Variances (Section 78-1279) and 75 -foot Hardcover Variance (Section 78-1680) The applicant is proposing to construct a new, accessible home with lakeside terrace on the property. Previous variance requests have been granted for similar encroachments due to the difficulties of the property including floodplain, lot size, topography, drainage, etc. The applicant is proposing to encroach as close as 65 feet to the lake with the home where a 75 -foot setback is required, resulting in an encroachment of approximately 15 feet lakeward of the average lakeshore setback line. To maintain accessibility, lakeside terraces with connecting walkways are also proposed. These terraces will encroach as much as 30 feet into the 75 -foot setback. Of the 12,990 sf of hardcover proposed for the site, 2,386 sf is proposed within the 75 lake yard. Conditional Use Permit for Plumbing (Section 78-1437) The Code provides for installation of plumbing, including a bathtub/shower, within an accessory building provided the building is conforming and a conditional use permit is granted. A restrictive covenant is also required which restricts the use of the accessory building. The applicant is proposing a full bathroom in the upper floor of the proposed detached garage. This building will be used primarily for storage with the upper floor to be utilized as a yoga studio for the homeowners. Conditional Use Permit for Grading in Excess of 500 Cubic Yards (Section 78-967) & Floodplain Mitigation Grading (Section 78-1126) Filling activities exceeding 500 cubic yards in the Shoreland require a conditional use permit. Further filling activities which exceed 1,000 cubic yards of imported material within the floodplain requires review of a conditional use permit. It appears just over 1,200 cubic yards of fill material will be brought in to the property. The Minnehaha Creek Watershed District (MCWD) will also be reviewing the proposed grading and mitigation plan to assure the overall volume of flood storage has not been diminished. The lowest floor of the proposed home must be at or above the Regulatory Flood Protection Elevation (RFPE) for Lake Minnetonka which is 932.5 feet; the MCWD's regulations require low openings to be one foot higher at 933.5 feet. The proposed plan accomplishes both goals with a proposed low (first) floor elevation of 936 feet. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider