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-� ^ 6.2 The City Planner upon further review of the Roseville City Code and its application to the subject proposal, concluded (after reviewing with City Attorney) that in order to issue a building permit for the Parkside Apartment project, a VARIANCE was necessary due to the 10 foot difference in the rear yard setback when the applicable zoning of the project changes from B-1, Limited Business to R-3A, Multiple Family Residence District — Three to Twenty-Four Units. 6.3 The Roseville Comprehensive Plan also advocated for the redevelopment of aging properties and increased housing options. 6.4 The City Planner has determined that there is justification for granting a reaz yard setback VARIANCE to § 1005.01 of the Roseville City Code for the Jason Morrissey and the Pazkside Apartment project. 6.5 In Section 1013 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 specif►c case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof aad 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. 6.6 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 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". 6.7 The I�ropertv in question cannot be aut to a reasonable use if used under conditions allowed bv the official controls: Reuse of property for uses in a district supported by requirements in another zoning classification can create non-conformities. In the case of Parkside Apartments, the reuse/redevelopment of the Press Gym into a 20-unit apartment building creates a reaz yard setback non-conformity that, absent a VARIANCE would prevent the project from proceeding. The City cannot control the "mazkeY' and its desire to reuse/redevelop properties for business/commercial or residential uses, and location PF07-048_RVBA_080107.doc - Page 3 of 5