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5.5 The proposed location of the detached garage meets or exceeds all applicable setback requirements for the property and will be located just adjacent to the existing driveway. 5.6 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. 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. 5.7 "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 ofthe 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: Based on the lot size and existing conditions, the Lindholm's could only construct a 331 square foot (estimated) accessory structure before a variance was necessary. This size structure would allow them to construct a similar garage to the existing tuck-under garage, which structure does not address their parking and storage needs. The Community Development Staff has determined that the property cannot be put to a reasonable use under the official controls; that it is reasonable to convert a tuck-under garage into living area and construct a reasonably sized garage with storage. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: The existing tuck-under garage was constructed in an era of different sized vehicles and personal needs. Today, with a growing family and larger vehicles, the attached garage cannot serve the Lindholm's needs. The Community Development Staff has determined that there are unique circumstances present, not created by the current owner, to warrant granting a variance. The only location for a detached garage is in the rear yard, requiring an extended paved driveway. Further, staff views this variance request as an opportunity to invest and create more quality living space in the existing dwelling unit while removing fumes and/or noxious vehicle odors from the dwelling unit. C. The variance, if granted, will not alter the essential character of the locality: The Community Development Staff has determined that the construction of a detached accessory building to meet the vehicle and personal storage need of the resident 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. The garage is tastefully designed to fit into the neighborhood character established in the early 1960's. PF3399 - ReA 061702 - Page 3 of 5