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CASE: REQUEST FOR A VARIANCE TO THE IMPERVIOUS SURFACE RESTRICTIONS IN TH E CRITICAL RIVER AND WILD AND SCENIC RIVER OVERLAY DISTRICTS; CASE OF MIKE ANDERSON By: Zoning & Recycling Coordinator Chris Anderson Background: On April 1, 2004, Mike Anderson, owner of Superbowl, located at 6720 Riverdale Drive N.:W., was granted a variance to impervious surface area within the Critical River and Wild and Scenic River Overlay Districts for a building expansion and additional customer parking areas. That variance has become null and void because it was not initiated or utilized within one (1) year of approval, as stipulated in City Code. Therefore, Mr. Anderson has resubmitted a request for a variance to the impervious surface area restrictions. The requested variance is the same as the 2004 request in terms of total impervious area; however, the current request only includes additional customer parking areas and no building expansion. The following items are enclosed: a) b) o) d) Site location map Proposed Grading and Erosion Control Plan Proposed findings of fact ,, .~. Proposed variance Observations: The property is zoned B-2 Business and is approximately 3.5 acres in size. Approximately 60% of the property is located in the Critical River and Wild and Scenic River Overlay Districts, for which there is a 30% impervious surface restriction. The site, which was developed prior to the adoption of the Critical River Performance Standards, has an impervious surface calculation of 78% and is thus considered legal non-conforming. The proposed improvements to the site would increase the impervious surface calculation to 86%, Consequently, Mr. Anderson has applied for a variance to the impervious surface restriction. If approved, the variance is not valid unless it is certified by the Commissioner of DNR. The applicant has submitted a Grading and Erosion Control Plan that proposes' to modify the drainage patterns for the site. At the present time, all stormwater runoff flows 'overland across paved surfaces to stormwater catch basins located in either Ebony or Dolomite Streets. This development proposes to collect runoff from the site and direct it into a stormwater pond to be located on the northwest comer of the site. This detention pond would provide removals of 98% and 93% of National Urban Runoff Program (NURP) standards for total suspended solids and total phosphorous, respectively. As part of the site plan and variance process in 2004, the Lower Rum River Water Management Organization reviewed and approved the Grading Plan. Recommendation: While this request would increase the impervious surface area on the site, it als0 Provides for onsite stormwater detention and treatment, which presently does not occur. Furthermore, the /