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5.2 Covered porches are considered an integral component of a principal structure requiring <br />the same setback or 30 feet from a front property line. Redesigning the existing entry and <br />replacing an existing front patio with a covered porch entry which extends to within 22 <br />feet b inches from the front yard property line (cul- de-sac of Maple lane Court) can <br />only be achieved with a front yard setback variance. <br />5.3 Section 1013.02 states: Where there are practical difficulties or unusual hardships in <br />the way of carrying out the strict letter of the provisions of this code, the city council <br />shall have the power, in a specs a case and after notice andpublic hearings, to vary <br />any such provision in harmony with the general purpose and intent thereof and may <br />impose such additional conditions as it considers necessary so that th a public health, <br />safety, and general welfare may be secured and substantial justice done, <br />5.4 State Statute 462.357, subd. b (2) provides authority for tine city to `'hear requests, far <br />variancesfrom the literal provisions of th a ordinance in instances where their strict <br />enfor cement world cause undue hardship because of circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance, "Undue hardship" as used in connection with the granting o� f `a variance <br />means tine property in question cannot be put to a reasonable use r; f' used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the variance, rf <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship rf reasonable use for the property exists <br />under the terms of the ordinance..,. The boars[ or governing body as the case may be <br />may impose conditions in the granting of variances to insure compliance and to <br />protect" <br />5.5 Staff analysis of undue hardship factors is as follows: <br />A. The property in question cannot be put to a reasonable use rf used under <br />conditions allowed by the official controls: The existing setback of the northeast <br />corner of the living room of the Frigaard home is 24 feet from the front property <br />sine, which distance currently does not meet the mim'mum 30 foot setback. Mr. <br />Frlgaard submitted an improvement plan that proposed modifying the existing <br />porch to be slightly larger and covered with an extended roof line. ,Although not <br />necessary, the proposed porch is an integral component of the overall expansion <br />and upgrade of the home. The porch fiuther affords the Frigaard's a functional <br />entry, that also protect them and guests from inclement weather. used on our <br />analysis of the situation the Community Development Staff has determined <br />that the property can be made more livable and can he put toaw reasonable <br />use under the official controls, if a variance is granted, <br />PF3495 - RCA 0712 1 /03 - Page 3 of 5 <br />