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8.0 REVIEW OF PROPOSED VARIANCE 8.1 Section 1 005.01 (Business Parking Setbacks) of the City Code requires parking areas to be set back at least 15 feet from a property line adjacent to a street right -of -way, whereas the proposed parking area is only 5 feet from the property line adjacent to the Alta Vista Drive /Dale Street right -of -way. 8.2 Section 1104.05 of the Code states: "Hardship: Where there are practical difficulties or undue hardships In the way of carrying out the strict letter of the pro visions of this Code, the y C , t Council shall have the power, in a specific case and after notice and pu bllc hearings, to var, y any y such pro vision in harmony with the general purpose and intent thereof and may y Impose such additional conditions as it considers necessary y so that the public health, safety y and general welfare may y ,be secured and su bstantlal justice done.. " 8.3 State Statute 402.357, subd. 0 (2) provides authority for the city to "hear requests for variances from the literal provisions of the ordinance In Instances where they strict enforcement world 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 y In question cannot be prat to a reasonable use If used render conditions alto wed by y the official controls, the plight of the ]an do weer Is due to crcums tan ces unique to the propert, y not created by y the ]an do wner, and the variance, If 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 y exists under the terns of the ordinance ... The ,board or governing ,bod, y as the case may y ,be may y Impose conditions In the granting of variances to Insure compliance and to protect ". 8.4 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The applicant has experimented with different parking lot configurations that met the setback requirements, but found that parking spaces would have to be eliminated - possibly necessitating a different variance - and that the incoming traffic would be routed close enough to the building entrance to be potentially dangerous to the residents. The Planning Division has determined that the property can be put to a reasonable use under the official controls if a VARIANCE is approved. 8.5 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The unique conditions on this parcel relate to the fact that the eastern property line is angled and that the property is bounded by unusually wide rights -of -way. The property was created as part of the 1870 Asylum out Lots plat, but since staff has been unable to locate a copy of the plat in City or County files no determination can be made regarding whether this is the original shape of the property or whether additional right -of -way was dedicated over time. But even though the proposed encroachment could perhaps be eliminated by vacating some of the right -of -way, there would be no guarantee that a vacation request would ultimately be approved or that all variance conditions would be eliminated. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. PF08 -017 RCA 061608.doc Page 4 of 6