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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 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." 5.6 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 may be may impose conditions in the granting of variances to insure compliance and to protect". 5.7 The nli�ht of the landowner is due to circumstances unipue to the propertv not created by the landowner: To say that the plight of any landowner (current or new purchaser) is due to circumstances unique to the property not created by the property owner may be a stretch. However, the fact of the matter still exists that designing a home on this uniquely shaped parcel is a challenge and one that has not been able to be overcome by 6 potential owner/builders. Though previous statements and the previous approval of the parcel were predicated on a house design that could meet all required setbacks, the uniquely shaped parcel and its required setbacks restrict design and functional use of the parcel for home/garage purposes. The Planning Division has determined that the plight of the landowner is due to circumstances unique to the property, which uniqueness is better addressed through the granting of a 15 foot front yard VARIACE. 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The City Planner concludes that the required front yard or rear yard setback is too restrictive to accommodate a functionally designed home of a modest size on the parcel. The Planner has further concluded that a VARIANCE to the required front yard setback of 15 feet would provide greater design flexibility and afford the eventual purchaser enough latitude to construct a home and attached garage. The Planning Division has determined that the property can be put to a reasonable use under the official controls if a 15-foot VARIANCE to §1004.016 (Residential Dimensional Requirements — Front Yard Setback) is granted. PF3781_KVBA_090606Page 3 of �