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. • <br />5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. `Undue hardship' as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance ... The board or governing body as <br />the case may be may impose conditions in the granting of variances to insure <br />compliance and to protect". <br />5.8 The propertv in question cannot be nut to a reasonable use if used under conditions <br />allowed by the official controls: If the lot area were compliant with Code requirements <br />and the garage were not set so far back on the property, the proposed improvements <br />could be accommodated without the need for a VARIANCE for the impervious coverage; <br />only a Setback Permit would be needed to address the encroachment into the front yard. <br />As it is, however, the size and coniiguration of the property would not allow the <br />proposed improvements which are consistent with the type of residential investments that <br />are encouraged by City policies. The Planning Division has determined that the <br />property can be put to a reasonable use under the official controls if the <br />VARIANCE request is approved. <br />5.9 The plight of the landowner is due to circumstances unique to the property not <br />created bv the landowner: Although the non-conforming size of this property is not a <br />unique condition in Roseville, it does contribute to the need for the current VARIANCE <br />request. The other complicating factor, the long driveway leading to the garage in the <br />back yard, is another common feature of properties in this area, predominantly dating <br />from the original improvements and not to more recent construction. The Planning <br />Division has determined that the plight of the landowner is due to unique <br />circumstances not created by the landowner. <br />5.10 The variance, if granted, will not alter the essential character of the locality: The <br />footprints of the houses on this block range in size from less than 900 square feet to more <br />than 2,400 square feet. The proposed addition would enlarge the footprint of this house <br />from less than 1,000 square feet to around 1,700 square feet; while this would be a <br />considerable increase it would not be out of scale with other nearby houses. The <br />Planning Division has determined that the allowance of the requested VARIANCE <br />will not alter the essential character of the locality, nor adversely affect the public <br />health, safety, or general welfare of the city or adjacent properties. <br />PF07-023 RVBA 050207 <br />Page 3 of 4 <br />