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3.3 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. 3.4 "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. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Mr. Nolan's parking area is approximately 46 feet in width on the west side along Hamline Avenue and 53 feet on the north side along County Road B; 31 feet on the south side adjacent to the renovated house; and 20 feet behind the building on the east side. These setbacks, and the size of the lot, provide very limited front and side parking for his business from the building to the front property lines. The site was originally paved in this manner to provide for fuel service when the structure was used as a gas and service station. The proposed renewed pavement and parking area will continue to be placed close to the property line in order to provide the parking necessary to continue the business in this location. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The structure and pavement at this site was originally placed on the site in the mid-1950's, well before the current code was adopted in 1959, and well before Mr. Nolan purchased the property in the early 1990's. C. The variance, if granted, will not alter the essential character of the locality: Since the parking and pavement is already in locations proposed for repavement, the proposed variances to the required setbacks for parking adjacent to the public right-of-way will not alter the essential character or the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 3.5 Mr. Noland has indicated an interest in completing exterior renovation including repaving the parking lot, adding parking curbs, landscaping, screening; and, sidewalks and boulevard trees (with a grant from the City's Livable Communities Demonstration Program). The applicant has completed a concept plan to demonstrate new pavement, needed setback variances, and required sidewalks and landscaping. Staff also prepared a concept from which the Commission and Council could base further discussion with the applicant. The staff believes there should be at least a five-foot setback from the right-of-way property lines, which can be planted with hedge and shade tree materials, and used to capture some of the runoff from the pavement surface. PF3316 - RCA3316(06260 1) Page 2 of 4