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�. ... 5.2 Front yards are defined in § 1002.02 (Definitions) of the City Code as the area "extending along the full width of the front lot line between side lot lines and from the abutting front street right-of-way line to the front building line in depth." The front yard is shaded in red on the site plan included with this report as Attachment E. 5.3 Section 1012.02B(2) (Legal Encroachments) of the City Code limits fences to 4 feet in height when located in a front yard. The fence indicated on the proposed site plan extends part of the way into the front yard and is intended to screen the apartment's parking area and dumpster from view. Planning Division staff would support a fence up to 6.5 feet in height that extends to the front property in order to be sure that the screening is adequate. 5.4 This fence proposal was submitted with an application to expand the driveway/parking area adjacent to the detached garage in order to accommodate a motor home. Although the impervious coverage on the property will remain within allowable limits, Planning Division staff recommends requiring the removal of the portion of the existing driveway/parking area that is less than 5 feet from the property line so as to achieve the standard setback required by the City Code. This will eliminate any outstanding nonconforming conditions on the property. 5.5 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Yariance 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. ' 5.6 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 cor�nection with the granting of a variance means the properry 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 ��L 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 ordinarrce ... The board or governing body as the case may be may �p�' �� impose conditions in the granting of variances to insure compliance and to protect. " V� � � 5.7 The propertv in question cannot be put to a reasonable use if used under conditions �� J � ll � � � a owed by the official controls: As the owner of pnvate property, the applicant may �j ��, �� expect a reasonable amount of security and privacy; in this case security and privacy is �� t L� � �, re gularl y com promised b y the intrusions and litt erin g b y p e o pl e th a t u s e th e a d j a c en t l� Q� � j4 �'� ,�� parking lot. The Planning Division has determined that the property can be put to a l�� � �� reasonable use under the official controls if the vaiuAlvCE request is approved. ��t'� �� �� •I�� 5.8� The plight of the landowner is due to circumstances unique to the property not created by �,� �►" the landowner: The situation giving rise to the variance request is a function of this ! � P� single-family residential property being situated next to a multi-family property with no � way of compelling the owners of the apartment property to install a fence and other �� f �I PF08-040 RVBA 090507 ,,�,01 � Page 2 of 3 ��y �