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3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent ofthe ordinance. 3.2 "Undue hardship" as used in connection with the granting 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 land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. 3.4 The Sladky home was constructed in 1930 as a cabin and includes a detached garage. The home is built on a flat portion of the lot with a rising elevation to the northeast that is mostly held in place by a retaining wall. The lot also slops gently to the lake. The house has been remodeled into a four-season home. Access to the property extends south along a private drive from North McCarrons Boulevard. Sewer and Water serve the house. 3.5 The Sladky request has been forwarded to the Department of Natural Resources (DNR) for review and comment. Staff was able to review the request with Mr. Joe Richter of the DNR where the following items were discussed: Mr. Richter indicated the DNR would not oppose the replacement in the exact location. However, he indicated a desire to have the four-season porch reduced (would require smaller size) to lessen the impact of the shoreland setback or the option of reconstruction the porch on the east side of the home. The DNR would like the Sladky's to look into these options, but should they not be appropriate given existing conditions, the DNR would support the variance and porch replacement. 3.6 The pazcel is odd shaped, has topographical limitations to the northeast and east, is restricted due to a city sewer line and 20 foot wide easement, and has no reasonable alternative. The former four-season porch and its current foundation aze pre-existing non-conforming uses. PF3266 — RPCA (l O1100) Page 2 of 4