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S.O STAFF COMMENT 5.1 Section 1017.16 (Shoreland Setbacks) of the City Code requires homes to be set back a minimum of 75 feet from the Ordinary High Water Level (OHWL) of lakes like Owasso; with a legal nonconforming setback of about 64 feet, the existing house does not meet this setback requirement. The proposed porch would encroach an additional 4 feet, standing about 60 feet from the OHWL. 5.2 The proposed porch would replace and expand upon an existing porch that is deteriorating and of a challenging design, with a sloping roof that prevents taller individuals from standing up straight at the windows looking out towards the lake. In his narrative, Mr. Martin indicates that he finds the porch too narrow and too short to be adequately useful. 5.3 Section 1013 of the Code states: "Where there are practical di�culties 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. " 5.4 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 ". 5.5 The propertv in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The porch at the same 8-foot width could be replaced, expanded, and designed to eliminate the ceiling height issue of the current aging structure, and this may be deemed reasonable. However, the 8-foot-wide structure would lack some modern efficiencies in use, specifically upon the installation of furniture within the space and human movement. There is also the financial efficiency in constructing an addition that makes good use of space without being too costly. Although financial considerations are not to be the only reason for considering a vARtANCE, they do play a role here and are a partial consideration on the reasonableness of the request. Constructing a space that provides adequate use of space and of current construction methods, does create a financial benefit to the property owner. For these reasons the Planning Division has determined that the property can be put to a reasonable use under the official controls if a vA1ztANCE is approved. PF09-016 RVBA 070109 ' Page 2 of 4 � •-\