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Mayor and City Council March 20, 1998 Page 3 configurations of the house to try to be in a position, given that long access driveway, so as not to require any variance, or if any variance is required just a very modest one of one to two percent. Moreover, they looked at moving the house further back, even though there would be visual impact to the lake, but there would be a need then for extensive moving of dirt or filling of lower areas on the lot. Therefore, they propose to build the home outside of the 75-foot setback area and on the building pad of the home that was there previously. In any event, at the present time, the hardcover as allowed by the City ordinance, would be 7,795 square feet, or 25 percent of the area between the 75 and 250 feet, and 3,450 square feet, or 30 percent of the area between 250 and 500 feet. The total area for the lot is 57,063 square feet. The total hardcover allowed without a variance for the entire lot would be 11,245, or 20 percent of the entire lot in this situation. My client proposed a total hardcover on the lot of 11,963 square feet. 11,963 square feet-;-57,063 square foot lot= 20.9 percent. That hardcover of 20.9 percent for the entire lot is in conformance with Minnesota Rules Section 6120.3300, subpart 11, which states in relevant part the following specific standards: "I. Impervious surface coverage oflots must not exceed 25 percent of the lot area." In fact, under State law, my client could have 14,266 square feet of hardcover (57,063 square feet x 25 percent= 14,266 square feet). It is clear from a review of the Minnesota Rules that the Department of Natural Resources, the MPCA and others that were involved in the development of them did not believe it was necessary to restrict hardcover less than 25 percent for the entire lot. I realize that is not necessarily controlling on the decision-making of the City of Orono, but it does indicate that there is nothing wrong from the State's perspective of allowing variances to your standards in such a way that do not exceed overall 25 percent impervious surface for the entire lot. The Application of the Undue Hardship Standard in the Variance Standard Sometimes people feel that the variance standard is such that it should be strictly applied in all situations. Even if one were to apply that feeling here, I believe that this variance request is justified under the variance standard for the following reasons: 1. The hardcover that my clients are proposing is not excessive, given the location of the home and the neighborhood. 2. Part of the reason why the general standard is exceeded is because of the configuration of the lot and the need for a more lengthy driveway to reach the home site. 15264BDM