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_ ... believe that the parking difficulty rises to the level of a"hardship" as is required by State Statute and City Ordinance in the approval of a vAR�ANCE. For this reason, staff encouraged Mr. Fishback to withdraw the vAR1AtvCE application and to apply instead for an ADM�1v�sT�T�vE DEV�AT�oN which could allow a 2-foot driveway setback without the need to find that a hardship exists. 5.6 Moreover, Community Development staff cannot support a vAx�ANCE to pave a driveway less than 2 feet from a side property line because preventing or reducing snowmelt and rain water problems on the adjacent property becomes nearly impossible with less than 2 feet of separation. Although Mr. Fishback intends to remove snow to the interior of the lot, the City does not have the staff resources to adequately enforce this when alternative solutions are possible. 5.7 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, safety, and general welfare may be secured and substantial justice done. " 5.8 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 properry under consideration, and to grant such variances only whert 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 properry 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 ". 5.9 The propertv in question can be put to a reasonable use if used under conditions allowed by the official controls: Community Development staff understands that parking on the property is difficult under the current arrangement, but staff has determined that the City Code allows for a solution to the problem which does not require a vAx�AtvcE. For this reason, the Planning Division has determined that the property can be put to a reasonable use under the official controls without a vAR�ANCE. 5.10 The pli�ht of the landowner is due to circumstances unique to the nroperty not created by the landowner: The 75-foot-wide lot and the existing improvements on the property were created in 1953, prior to the adoption in 1959 of the City Code and its requirement that residential parcels are to be 85 feet in width. If this lot were 10 feet wider, as the Code has required of all lots since 1959, there would likely be space in which to locate an additional, conforming driveway. Although there are unique circumstances on the property not created by the landowner, part of the difficulty of installing an additional driveway that meets the minimum setback requirements is the applicant's desire not to disturb the existing trees. PF08-038 RVBA 090308 Page 3 of 4