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''� � 5.6 Section 1013 of the Code states: "Where there are practical di�culties 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, safery, and general welfare may be secured and substantial justice done. " 5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear reguests for variances from the literal provisiorrs of the ordinance in instances where their strict enforcemertt would cause undue hardship because of circumstances unigue 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 ". 5.8 The propertv in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The slope to the existing garage has always been difficult to navigate in wintry weather, and it was made steeper during the latest reconstruction of Marion Street about 10 years ago. Moreover, if this property were not a corner lot, with public right-of-way on two sides, or if it met the minimum property width requirement for a corner lot, the proposed addition could be constructed without a variance. As it is, however, the Code prohibits what would otherwise be acceptable improvements. The Planning Division has determined that the property can be put to a reasonable use under the official controls if a vAR�ANCE is approved. 5.9 The plight of the landowner is due to circumstances unique to thepropertv not created by the landowner: Consistent with previous sections of this report, Community Development staff believes that the applicant's goals can be accomplished without a variance for excess impervious coverage despite the substandard dimensions and area of the lot; therefore, any circumstances leading to impervious surface area greater than 30% of the lot would, in fact, be created by the landowner. As alluded to above, one of the property owners was in a recent car accident resulting in a minor disability which will only be exacerbated by having to use the stairs between the existing garage and the main living area of the house. 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 �ranted, will not alter the essential character of the locality: While other properties in the area generally have only one garage and driveway, the code does not prohibit having two, and the proposed addition is intended to indistinguishable from the existing structure. The Planning Division has determined that the allowance of a PF08-007 RVBA 030508 Page 3 of 4