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5.2 The Gutierrez lot is lower than the lot to the north. The 980 sq. ft. house is set back over 40 feet from the east property line, making the 25 foot side corner lot setback (from Irene Street) of the proposed garage achievable only with a setback variance. The new garage lies further east of the existing home structure in a location where it cannot meet the prevailing setback in the area By moving the proposed garage to the east and removing the existing garage and driveway, the applicant can create a more natural, landscaped pervious surface and drainage way along the crest side of the property, 5.3 The Section 1004.02D4 of the Roseville City Code states: A side yard adjacent a street on a corner let shall net be less than 30 feet (Ord. 275, 5/12/59 and amended in 1995). Lased on the proposal by Mr. Gutierrez, a setback variance is necessary. 5.4 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the city council shall have th a power, in a specific case and after notice and public hearings, to vary any such provision in haragony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantiai justice done. 5.5 State Statute 462.357, subd. 6 (2) provides uuthorityfor the city to "hear requests or variances from th a literal provisions a_ f the ordinance in instan ces where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in beeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to theproperty not created by the landowner, and the variance, r 'granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable usefor the property exists under the tens of the ordinance.... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" 5.6 Staff' analysis of undue hardship factors is as follows: A The property in question cannot be put to a reasonable use rf used under conditions allowed by the official controls: The Gutierrez lot is afforded a location option that meets the 30 foot required setback, but this location would require additional paving and possibly a variance for impervious coverage. Mr. Gutierrez could also construct an addition to the existing home for the desired storage space at considerably more expense; however, the addition may also require a variance to allow a front yard encroachment and impervious surface. The Community Development staff has reviewed the existing (immediate) sit6 conditions to determine whether there is a reasonable alternative /solution that warrants positive support for the variance requested. Based on our review of the PF3468 - RCA 06/02!03- Page 3 of 6