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4.O BACKGROUND 4.1 Mr. Martin owns the property at 2970 Mildred Drive, which has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single- Family Residence District (R-1), and which lies within a shoreland management district. 4.2 The cotvDlTloNA[. [1sE request has been prompted by the applicant's desire to construct a 1,008-square-foot detached building to replace a smaller detached garage that was recently damaged by fire; the vAR�ANCE request is prompted by the desire to store a motor home inside the proposed garage. Variances are normally decided by the Variance Board, but because this VARIANCE is accompanied by the request for CONDITIONAL USE approval, both requests are brought to the Planning Commission for a recommendation and to the City Council for final action according to the process established in � 1 Ol 5.04B6 (Planning Commission Hearing for Zoning Variances) of the City Code. S.O VARIANCE ANALYS[S 5.1 Section 1004.01 A 10 (Accessory Building Height) of the City Code limits the height of accessory structures on single-family residential properties to 9 feet at the top of the side wall and 15 feet at the midpoint of the slope of the roof. The proposed garage would be similar to the illustrations in Attachment C in that the side walls would be tall enough to accommodate a 12-foot-tall garage door with roof trusses which have horizontal members across the bottom. The side elevation is out of scale because it shows a building 50 feet long, whereas the current proposal would be about 32 feet long. 5.2 Section 1013 of the Code states: "Where there are practica! difficulties or unusaral hardships in the way of carrying out the strict letter of the provisions of this code, the variance Boc�rd shall have the power, in a specific case and after notice and pt�blic henring.��, to vary any such provision in harmony with the generc�l purpose and intent thereof and may impose sa�ch additional conditions as it considers necessury so that the public health, safery, and general welfare may be secured and substantial justice done. " 5.3 State Statute 462.357, subd. 6(2) provides authority for the city to "To hear requests f'or• variances from the literal provisions of the ordinance in instances where their strict enforcement wozild cause undue hardship because of circumstances unique to the individuul property tsnder consideration, and to grant such variances onlv when it is cfemonstrated that sasch actions will be in keeping with the spirit ancl intent of the ordinartce. 'Undue hardship ' as used in connection with the granting of a variance means the property in question cannot be pt�t to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circtcrostances t�nique to the property not created by the lanc�owner, cznd the variance, ifgranted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable atse for the property exists under the terms of the ordinance. ... The board or governing body as the case may be may impose conditioris in the grunting �f variarTCes to insure compliance crnd fo protect adjncent properties. " 5.4 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The motivation to construct a garage taller than the Code allows is to accommodate the indoor storage of a motor home in a way that is less expensive than some of the alternatives (e.g., gambrel — or "barn" — trusses) that would meet the requirements of the City Code. Although Mr. Martin and his neighbors might all prefer to have the recreational vehicle parked inside — out of sight — the motor home can PF09-033 RPCA 110409 Page 2 of 6 � i