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4.2 Variance 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. 4.3 "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 if used under conditions allowed by the official controls: The City staffhas detennined that the property cannot be put to a reasonable use under the official controls. There is insufficient clearance from the ordinary high water level (OHW) on the east side of the existing structure to accommodate the mechanical room addition. The north side of the existing structure is the primary access and focal point of the building and locating the mechanical room and air conditioning condenser in that location would be uninviting. The south side of the existing structure already encroaches approximately 15 feet into the required setback and placing the mechanical room on that side of the structure would require an additional20-foot variance. The existing structure has been detennined to be a pre-existing non- confonning structure (setbacks) and requires a variance to complete the proposed change in use interior improvements. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The City staff has detennined that there are unique circumstances and that Bonestroo has not created the hardship. Specifically, there have been lot line rearrangements, road right-of-way dedications, or land purchases for the construction of the Highway 36 frontage road and realigned St. Croix Street. The structure, built in 1960, was constructed to the original roadway right-of-way improvements and constructed in accordance with applicable City Codes. The mechanical room is required in a location that best provides direct airflow with minimal turns. The structure was purchased by Bonestroo to accommodate future corporate expansion plan and because of the unique shape of the right-of-way, its non-confonnity to the setbacks was not known until reviewing the site improvement with the Development Review Committee in May 2001. C. The variance, if granted, will not alter the essential character of the locality: The proposed 20 foot by 21 foot mechanical room addition and the existing structure's location within the required front yard and street side yard setbacks 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. PF3328 RCA (072301) Page 3 of 5