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—. r. 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. " 5.7 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 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 ". 5.8 The propertv in Question cannot be put to a reasonable use if used under conditions allowed by the official controls: The size and principal structure setback from the rear property line of the subject parcel appear to have been established prior to the adoption of the City Code requirements which rendered these existing conditions nonconforming. This already-small back yard was further closed in by the expansion of the adjacent home and attached garage, and an elevated deck off of the main level of the home appears to be the most reasonable way to make comfortable use of the back yard. Thus, the Planning Division has determined that the property can be put to a reasonable use under the official controls if a vAxcAtvcE is approved. 5.9 The pli�ht of the landowner is due to circumstances unique to the nropertv not created by the landowner: City records indicate that the nonconforming conditions on the property were created prior to the adoption of the pertinent zoning regulations in 1959 (and the steep slope of the land in the area was likely created long before that), and the applicants have only owned the parcel since 2004. The Planning Division has therefore 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 localit� The parcel adjacent to the rear of the subject property would be most greatly affected by the proposed deck encroachment, but the subject property is situated along the side yard of the neighboring parcel to the south, meaning that the subject parcel is situated next to (instead of behind) its neighbor to the south. Because the proposed deck expansion would still be 10 feet from the property line it would equivalent to a side yard setback which is consistent what the neighbors to the south can reasonably expect from a parcel across its side property line. For this reason, the Planning Division has determined that the allowance of a 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. f).O STAFF RECOMMENDATION Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends approval of a 20-foot vaRiANCE to the rear yard setback PF08-035 RVBA 090308 Page 3 of 4