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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.. " 0.3 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 their 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 circumstances 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 terms 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 ". 0.4 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Planning Division staff believes that Lot 4 can be put to reasonable use without a variance, but that the issue is really more of a practical difficulty pertaining to the design of the lots rather than a hardship pertaining to use. The existing house was built in 1959 and was addressed as 1940 Cleveland Avenue until 1903 when the Loren Acres No. 1 plat was recorded. This plat created Loren Road and a lot line in a rear yard that was predictably radial to the nearby cul -de -sac turn - around, but that was at an arbitrary angle with respect to the house. As long as Lots 3 and 4 of the plat have been under common ownership, these lots comprised a single residential parcel, so the common lot line has been irrelevant. Now that the current owners intend to build a home on Lot 4 it has become clear that the shared property boundary is not in a location that respects the functionality of the back yard of the existing home. The Planning Division has determined that the proposed lot line recombination would relieve a practical difficulty and that approving a VARIANCE in this case would be in harmony with the general purpose and intent of the City Code. 0.5 The plight of the landowner is due to circumstances unique to the property not created by the landowner: As noted above, the lot lines were created in 1903, four years after the house was built in 1959, and long before the applicants took ownership of the property. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 0.0 The variance, if granted, will not alter the essential character of the locality: The realignment of the property boundary will make Lot 4 basically mirror Lot 5 of the same Plat, will have no visual impact on the surrounding area, and will only serve to improve the utility of the two affected residential properties. The Planning Division has determined that the allowance of a VARIANCE will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare of the city or adjacent properties. PF98 -919 RCA 991998.doc Page 3 of 5