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4.0 BACKGROUND: 4.1 Section 1004.02D5 of the Roseville City Code (Yard Requirements - Front Yard Setback) requires each principal structure in a single family residence district to be set back a minimum of 30 feet from the front property line. 4.2 Robert Wilson currently has a carport that lies approximately 23 feet from the front property line. This location (non-conforming to Code) is not uncommon for the homes and detached accessory buildings that lie along this stretch of Owasso Boulevard. 4.3 In April, 2002, Mr. Wilson applied for a building permit to replace their carport with a two stall ground level attached garage and a second story living space that would lie 17 feet from the front property line or a 13 foot encroachment into the required front yard setback. 4.4 The Wilson property has a Comprehensive Plan designation of Low Density, a Zoning designation ofR-l, Single Family Residence District; the parcel is roughly 292 feet deep, 75 feet wide, and comprised of22,257 square feet; and the home was initially built in 1955. 4.5 Mr. Wilson has indicated that the existing carport is not large enough for both cars; the current drive is fairly steep; and additional living space is needed. 4.6 Section 602.02 (Parking on Boulevard Prohibited) does not allow the parking of any vehicle in the boulevard adjacent a public street. With the replacement of the carport with a two stall attached garage the distance from garage to property line will be 17 feet, which falls under 20 foot minimum distance residential parking space size. If a 20 foot deep pad was created on the driveway (in front of garage) the east edge of the car would be more than 25 feet from the curb line. 5.0 STAFF COMMENTS/FINDINGS: 5.1 The 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. 5.2 "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: PF3400 - ReA 061702 - Page 2 of 5