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--. _. thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general we fare may be secured and substantial justice done. " 5.7 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 st�ict 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 offtcial 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. " 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: This property is a triangular parcel adjacent to two public rights-of-way, the required setbacks from which reduce the developable area of the property considerably more than if it were a rectangular parcel bounded on three sides by rights-of-way. If the width of the proposed two-car garage were reduced by several feet, the resulting encroachment could be accommodated through the Setback Permit process, which does not require the demonstration of a hardship. But because the depth of the proposed addition is so minimal, reducing the width to avoid the need for a variance would obviate accommodations for more than one car. 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. 5.9 The plight of the landowner is due to circumstances unique to the propertv not created bv the landowner: The restrictive setbacks on the parcel have existed on the property since long before the applicant took possession of the property. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.10 The variance, if granted, will not alter the essential character of the locality: The proposed garage would not be out of character with the surrounding residential area as many of the nearby homes already have attached garages. The Planning Division has determined that the allowance of the requested 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. 6.0 STAFF RECOMMENDATION 6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends APPROVAL of Ms. Mueller's request for an 8-foot VARIANCE to the principal structure setback from a side property line adjacent to a public right-of- way, and a 16-foot VARIANCE to the principal structure setback from a front property line, established in § 1004.016 (Residential Setbacks) of the City Code, to allow the PF07-056 RVBA 100307 Page 3 of 4