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