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5.0 STAFF C;OMMENT: 5.1 Section 1004.O1A6 allows a maximum total impervious surface coverage of 30% on a residential lot, or about 2,600 square feet on this lot. 5.2 Access to the existing garage requires a 90° turn, whereas no turn would be required to access the proposed garage. 5.3 The proposed garage will overlap area currently covered by grass, but demolition of the existing g,arage and some of the existing pavement, which is no longer necessary under the proposal, will result in a net decrease in impervious surface area of about 300 squarC �aet while remaining about 800 square feet over the required maximum coverage. 5.4 The variance proposed herein, if granted, will not adversely affect the public health, safety, or general welfare. 5.5 Section 1i�13 of the Code states: "Where there are practical difGculties 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 inte�t thereof and may impose such additional conditions as it considers necessar�i so that the public health, safety, 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 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 inay be may impose conditions in the granting of variances to insure compliance and to protect". 5.7 The pro�ertv in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: If the applicant were required to reduce the impervious surface area by another 800 square feet, in order to comply with the current requireinents of § 1004.O1A6 of the City Code, it would necessitate a major reconfiguration of the structures and/or pavement on the property. The Associate Planner has determined that the property can continue to be put to reasonable use if the requested variance is granted. PF3761_RVBA_060706Page 2 of 3