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5.7 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 the power, in a specific case and after notice andpublic hearings, to vary any such provision in harmony with the general purpose and intent thereof and may irrrpose such additional conditions as it considers necessary so that the public health, safety, and general elf are may be secured and substantiaijustice done. 5.8 State Statute 462.35 7, subd 6 (2) provides authority for the city to "hear requests for variancesfrom the literal provisions of the ordinance in instances 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 `n variance means the property in question cannot be put to a reasonable isse rf used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, rf granted, will not alter the essential character of `the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms 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" 5.9 Staff analysis of undue hardship factors is as follows: A. Tire property in question cannot be put to a reasonable use if used under conditions allowed by the official iciai controls: The Gisvold home, given its current configuration and location on the parcel, is unable to properly expand to accommodate a two car garage expansion (increased footprint) without receiving approval of a variance. Requiring a detached rear yard garage with a long driveway or a double loaded single stall attached garage, most likely would require at bast one variance, and has been determined to be an unreasonable and impractical option. The Community Development Staff` has determiner) that the property can be made more livable and put to a reasonable use under the official controls if a variance is eranted farm Section 1004.02D50 B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Gisvold property (site /structure) is unique. It was constructed before the Village/City established a zoning code and was placed in a location that affords limited growth options. Family needs and designs of homes and lots have dramatically changed in the past six decades, as have vehicle designs, and in so doing have created certain conflicts with established odes of older conu auuitxes. However, design and directional placement of the proposed attached garage could reduce variance impacts. The Community D evelopr6ent Staff as determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. PF3464 - RCA 060203 - Page 4 of 6