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3310 REQUEST FOR CITY COUNCIL ACTION Department Approval: Date: 06/26/01 Item No: C-8 Agenda Section: CONSENT A request by James Telstad, 2993 Fairview Avenue, for multiple Variances to Section 1004.01 of the Roseville City Code to permit the replacement of an existing non-conforming accessory building (PF3310). pproved: 1.0 REQUESTED ACTION 1.1 James Telstad, 2993 Fairview Avenue, has requested a variance to replace an accessory building that lies one foot from the property line or four feet into the required five-foot side yard setback. 2.1 The Community Development Staff has reviewed Mr. Telstad's parcel and given the property's current conditions, the Staffhas determined the accessory building replacement would require variances to Sections 1004.01A3 (Detached Accessory Building Size Limit), 1004.01A4 (Requirements for Increasing Maximum Size), 1004.01A5 (Overall Area), 1004.01A6 (Maximum Total Surface Area), and 1004.01A8 (Minimum Setbacks) of the Roseville City Code. 2.0 BACKGROUND - CITY CODE REQUIREMENTS 2.1 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. 2.3 "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. 2.4 The applicant is responsible for providing hardship information to staff, which is reviewed for compliance with the hardship criteria listed in the Zoning Ordinance. 2.5 In a letter dated May 17,2001, Mr. Telstad was requested to submit a narrative indicating the hardships present to warrant the granting of a variance. However, at the time of this report's preparation the City had not received any correspondence from Mr. Telstad. PF3310 RCA (062601) - Page 1 of 4