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3.4 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. 3.5 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. 3.6 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use ifused 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 ifused under conditions allowed by the official controls: The Community Development Staff has reviewed the official controls of the City for its potential impact on the subject accessory building request and determined that: 1) Requiring an accessory structure to be placed in accordance with the City Code (a minimum of200 feet) would require the removal of numerous trees and placement of pavement covering a large portion of the front of the house. This requirement is unreasonable especially when considering the location of the majority of home in the area. Except for those homes directly north and south, most homes are located on standard lots with average 30-foot setbacks. Section 1004.01E would require only maximum principal structure setback requirement of 40 feet. 2) The maximum height requirement of 15 feet would not limit Mr. Root in his desire for a 624 square foot accessory building. However, the design affords the structure natural lighting (clearstory) that requires additional height. A clearstory is more practical and requires less maintenance that roof mounted skylights. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The Community Development Department has determined: 1) Mr. Root has a unique situation whereby the house is set back approximately 200 feet from the front (Hamline Avenue) property line. The parcel is 120 feet wide and 307 feet deep and has limited options for new structure placement given the current principal structure location. 2) The parcel is also unique due to its wooded nature, which limits new structure placement, unless trees are removed. The home is substantially screened from Hamline A venue and the adjacent properties. PF3309 RPCA (071101) Page 2 of3