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3.7 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. 3.8 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. 3.9 "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 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 the property cannot be put to a reasonable use if required to meet the requirements of Section 1004.02A6 and 1004.02E of the Roseville City Code. The Community Development Staff has determined that improvement to property is vital to sustaining a viable community and in the case of Mr. Reichenbach the parcel on which his home was built has some unique limitations (predominant setback & size of lot) that reduce available options. Staff has concluded that it is reasonable to grant a lot coverage and setback variance to allow the construction of more modem living space. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Community Development Department has determined that the Reichenbach parcel has some unique characteristics, such as size and predominant setback that were not created by the property owner. Specifically, in the case of the predominant setback, the City does not require a front yard setback greater than 30 feet. Like wise, Ramsey County has reduced its need for greater setbacks adjacent County Roads, especially as they become more residential in character. C. The variance, ifgranted, wil/not alter the essential character of the locality: The Community Development Department has determined that neither variance request will alter the essential character or the locality, or adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 4.0 POLICY & FISCAL IMPLICATION 4.1 The Comprehensive Plan and the Roseville Housing Improvement Plan encourage maintaining and improving residential properties and infrastructure, as well as reconstruction and rebuilding of residential structures (and neighborhoods) throughout the community. PF3334 RPCA (080801) Page 3 of4