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4.0 BACKGROUND 4.1 Mr. Lindberg owns the residential property at 1213 Burke Avenue. The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 4.2 Originally, this Planning File was an application for a Setback Permit to allow the same proposed entryway addition. After an initial review, the existing building was found to have a setback of 27 feet from the Fernwood Avenue property line, which is 3 feet shy of what the Code requires. The variance is required because the proposed 6.5-foot addition would further reduce the setback to about 20 feet. 5.0 ST:AFF COMMENT ,� 5.1 ;�Section 1004.016 (Residential Setbacks) of the City Code requires that principal structures observe a 30-foot setback from side property lines that are adjacent to public street rights-of-way. 5.2 The current 27-foot setback from the Fernwood Avenue property line appears to be a legal, nonconforming condition, due to the fact that the Fernwood Avenue right-of-way overlaps the western 3 feet of the lot as indicated by the legal description of the property. 5.3 The existing house lacks an entryway, and the current request represents a modest proposal for such an entrance. The applicant evaluated other possible additions which would not require a variance, but the layout and structure of the house did not allow any practical alternatives. 5.4 While the proposed addition will only increase the encroachment by 6.5 feet, Planning Division staff recommends consideration of a 10-foot variance in order to resolve the existing nonconforming principal-structure setback on the property. 5.5 Section 1013 of the Code 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 Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony 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 substantial justice done." 5.6 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for variances from 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 keeping 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 PF07-015 RVBA 040407 Page 2 of 4