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� � 5.6 Other questions were raised with respect to how a garage that encroached into the required front yard setback from Dale Court would affect the ability of motorists to see children playing in the yard of a new house. The Planning Division believes that the proposed structure will have a negligible effect; Attachment F2 shows this difference. 5.7 The May 11, 2005 survey (Attachment G is a portion of that survey) submitted with the recent Minor Subdivision application shows a bituminous driveway that traverses the subject parcel and serves the adjacent 1822 Dale Court property. One of the conditions on the August 22, 2005 approval of the subdivision included the removal of this driveway or the establishment of an access agreement; satisfaction of the condition will be, in turn, a recommended condition on the approval of this variance request. If the driveway is to be removed, Community Development staff recommends that Mr. Welp make the removal a condition of the purchase agreement so that the current property owners (i.e., Mr. & Mrs. Weleczski) are responsible for the expenses. 5.8 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." 5.9 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 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, 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 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". 5.10 The property in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: Designing a home to fit this uniquely shaped parcel is a challenge that has stymied six other potential owner/builders. The Planning Division continues to maintain that the required setbacks are too restrictive to accommodate a home design of modest size, functional layout, and that is consistent with the appearance of other homes in the area. The Planning Division has determined that the property can be put to a reasonable use under the official controls if the VARIANCE request is approved. PF07-005 RVBA 020707 Page 3 of 5