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2.4 The Kenneys have indicated that construction of the proposed structure (in accordance with the City Code setbacks) would require removal of trees and a portion of the existing (two year old) concrete driveway. 2.5 Accessory buildings may include areas for such uses as a three-season porch, storage or a workshop. This study area cannot include a kitchen/eating area or a toilet, and may not be used as a bedroom. Staff has determined a study (non-living area) to be a similar use as a workshop and a permissible use under the code. 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 of the 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 In 1997, the Kenneys received approval to tear down the 1960 home to the footings and slab, and reconstruct a new home. The detached garage dates back many years, however, staff could not find record of the exact date of construction. 3.5 Although a portion ofthe garage lies within the required front yard setback, the study area addition (a small portion of the garage) would meet the required setback. The parking for the garage would be on the south side of the building, not adjacent to the right-of-way. 3.6 The Kenney request has been forwarded to the Department of Natural Resources (DNR) for review and comment. However, the proposed detached garage replacement does not involve any infractions, new or pre-existing, to the shoreland requirements of Section 1016 of the City. At the printing of this report the City had not received any comment from the DNR. 3.7 Numerous detached garages exist along the south side of West Owasso Boulevard West that are pre-existing non-conforming structures. Most of these parcels were originally cabins that included accessory structures constructed prior to Roseville's current code. Topography and trees in this area have created hardships in the past. 3.8 Residents in the neighborhood have received variances to complete major remodeling of PF3264 - RCA (102300) Page 2 of 4