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5.0 REVIEW OF REQUEST: 5.1 Mr. Rudolph and the Viking Racing Pigeon Club seek approval for two variances allowing them to keep both the additional impervious surface area and the shed in its present location (east side of parcel). 5.2 The new shed replaced the dilapidated shed that was recently removed from the site. Since last year, the Community Development Staff has been working with Mr. Rudolph on properly siding the shed, as well as its location. Last week the shed was sided with a maintenance free vinyl siding, but the shed still remains within the required setback. 5.3 The site plan accompanying the permit for the driveway/sidewalk improvements provides details pertaining to the improvements and existing conditions. However, it is not a scaled drawing that would allow Staff to reach a conclusion regarding total impervious coverage. Calculations for impervious coverage are taken from the property line and it is unclear from the drawing where the property lines lies. Further, the width ofthe driveway (angular portion) is not identified to allow verification of an assumed coverage of 34%. 6.0 STAFF FINDINGS: 5.1 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the city council shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 5.2 Under State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of 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 landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character ofthe locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" 5.3 Staff analysis of undue hardship factors is as follows: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: PF3393 - RPCA 071002 - Page 3 of5