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5.0 STAFF COMMENTS/FINDINGS: <br />5.1 The proposed improvement to the Kueffer parcel attempts to meet the goals and <br />objectives of the Housing Plan. Specifically, the Dousing Plan encourages reinvestment <br />into existing housing to provide increased functionality to retain families within the <br />community to maintain a quality neighborhood. The proposed detached accessory <br />building would provide a 24' x 24' two car detached garage. <br />5.2 The Kueffer lot slopes up from the street at least 10 feet. The 90 foot wide lot has the <br />house placed in the center of the lot, making it difficult to add a garage to either side. The <br />1 P201 s.f house is set back over 139 feet from the north property line, making the 69 foot <br />front setback (from Parker Avenue) of the proposed detached garage achievable only <br />with a 70 foot setback variance. The new garage lies further north of the existing home <br />structure in a location where it cannot meet the prevailing setback in the area. By Moving <br />the proposed garage to this location and removing the existing garage and portions of the <br />driveway, the applicant can create a more natural, landscaped pervious surface between <br />the homes along the east property line. <br />5.3 The Section 1004.01A7 of the Roseville City Code states: "No accessory building or <br />garden shed shall be erected or located within a front yard. .. and behind the established <br />front building line." Based on the proposal by Mr. Kueffer, a front yard setback variance <br />1s necessary. <br />5.4 Section 1013.02 states: Where there are practical difficulties or unusual hardships in <br />the way of carrying out the strict letter of f the provisions of this code, the city council <br />shall have the power, in a specific case and after notice and public hearings, to vary <br />any such provision in harmony with the generalpurpose and intent thereof and may <br />impose such additional conditions as it considers necessary so that fire public health, <br />safety, and general welf are may he secured and substantial Justice dome. <br />5.5 State statute 462.357, suhd. 6 (2) provides authorityfor the city to "hear requestsfor <br />varian ces from the literal provisions of f the ordinance in instances where their strict <br />enforcement would cause undue hardship because o, f circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions spill be in keeping with the spirit and intent of f the <br />ordinance. ''Undue hardship" as used in connection with the granting of a variance <br />means the property in question cannot he put to a reasonable use r; f used under <br />conditions allowed by the official controls, the plight of the landowner is clue to <br />circumstances unique to the property not created b the landowner, and the variance, <br />if gratz ted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship r: f reasonable use for the <br />property exists under the tens of the ordinance.... The hoard or governing body as the <br />case may be may impose conditions in the granting of variances to insure compliance <br />and to protect" ` r <br />PF3469 - RCA 06/02/03- Page 3 of 6 <br />