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FILE #LA20-000022 21 September 2020 Page 4 of 10 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 flex space for the homeowners. Conditional Use Permit for Floodplain Mitigation Grading and Elevation on Fill (Sections 78- 1118; 78-1125; 78-1126) The regulatory flood protection elevation (RFPE) for Lake Minnetonka is 932.5 feet (or one foot above the 1% annual chance flood elevation; 931.5’ + 1’ = 932.5’). All structures must be elevated on fill so the lowest floor (including crawl spaces) is elevated at or above the RFPE. The home is proposed with a crawl space at 932.5 feet. There is a typo on the civil plans incorrectly noting the crawl space elevation at 832.5 feet, this will be shown correctly on the certificate of survey and revised civil plans. FEMA regulations and the City Code require that the grade around any building elevated on fill to have an elevation of no lower than one foot below the RFPE or in this case 931.5 feet for at least 15 feet around all buildings elevated on fill. This project does not provide that grade spacing, rather is reduced to approximately 9 feet in some places. This is not uncommon on the smaller lots within the City; a variance to 78-1125(a) is required. The low floor elevation and further details for the detached garage should be provided on the revised civil plans and certificate of survey. It appears a minimal amount of fill material will be brought in to the property to accommodate the proposed grading plan. Most of the material is planned to be reused on site. 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 MCWD’s regulations require all low openings on buildings to be one foot higher than the RFPE or 933.5 feet. The proposed plan appears to accomplish both goals with a proposed first floor elevation of 936 feet. The architectural plans must be updated in order to reflect the crawl space and for verification of the MCWD’s low opening regulation. 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 of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 194 194