Resolution - #04-04-087 - 04/01/2004

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o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. That the current business operating on the Subject Property has 78% (seventy-eight percent) impervious surface lot coverage. That the proposed additions to the building and off-street parking areas result in an impervious surface lot coverage calculation of 86% (eighty-six percent). That the subject property is approximately 1,000 feet from the Mississippi River. That the 30% impervious surface restriction is designed to limit site runoff to the Mississippi River. That the Applicant has submitted a Grading and Erosion Control Plan prepared by Surveying & Engineering Professionals, Inc., dated March 11, 2004, demonstrating the provision of on-site storage and treatment of site run-off to an extent that is less than currently exists on the Subject Property. That the proposed on-site ponding will provide a basin that is 98% effective as a basin designed to meet NURP criteria in the removal of suspended solids and 93% effective in the removal of total phosphorous. That the Applicant has applied for a permit from the Lower Rum River Water Management Organization, which was approved on March 11, 2004. That similar variances have been granted in the past. That there are unique circumstances applying to the subject proposal, namely: a) the Subject Property was developed prior to the adoption of the Critical River Overlay District Development Standards and already exceeds the maximum impervious surface lot coverage for the Critical River and Wild and Scenic River Overlay District; b) approximately one-third of the Subject Property is outside of the Critical River Overlay District boundary. That the unique circumstances causing the undue hardship did not result from the actions of the Applicant. That if denied, the Applicant has stated that he will be deprived of implementing a business decision that will help to ensure the future viability of the bowling lanes. That if granted, the variance will not grant the Applicant any special privilege that is denied to other owners of lands, structures or buildings in the same district. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. RESOLUTION #04-04-087 Page 2 of 3