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<br />6.3 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. "Undue hardship" as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls, the plight of the landowner is due to circumstances <br />unique to the property not created by the landowner, and the variance, if granted, will not <br />alter the essential character of the locality. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the property exists under the terms of <br />the ordinance....The board or governing body as the case may be may impose conditions <br />in the granting of variances to insure compliance and to protect" <br /> <br />6.4 Staff analysis of undue hardship factors is as follows: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Wrede current situation would <br />only allow a 67 square foot improvement to the home or site without a variance, <br />and require a variance for any substantive improvement. Further, the Wrede <br />proposal seeks to make their home more livable and functional by adding a family <br />room, expanded dining room, front porch, a second story (not calculated in <br />impervious coverage amount), and other major improvements. The Community <br />Development Staff has determined that the property can be made more <br />livable, but cannot be put to a reasonable use under the official controls. <br /> <br />B. The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner: The Wrede property (site/structures) is unique in that <br />impervious coverage occupies 29% of the parcel. The Wredes did receive <br />approval in 1994 for a 20 foot by 28 foot addition to the (then) detached garage; <br />however, current situation is due to the 1999 Code addition of an impervious <br />coverage limitation. These facts limit any proposed structural modifications <br />outside current footprints without an approved deviation (variance) from the City. <br />The Community Development Staff has determined that the plight of the <br />landowner is due to circumstances unique to the property not created by the <br />landowner (if the applicants had known of this coverage issue in 1994 they <br />may have designed the detached garage differently, affording principal <br />structure expansion area). <br /> <br />C. The variance, if granted, will not alter the essential character of the locality: <br />The improvements proposed though not normal for a 1950's home are standard in <br />today's society. Specifically, homes built today include certain amenities such as <br />larger kitchen/family area, multiple bathrooms, formal dining room, and a mud <br />room. The design proposed for the Wrede home will not be out of character or <br />context of a home from the mid to late 1950's. The Community Development <br />Staff has determined that this variance, if granted, will not alter the essential <br />character of the locality, nor adversely affect the public health, safety, or <br />general welfare, of the city or adjacent properties. <br /> <br />PF3420 - ReA 092302 - Page 3 of 4 <br />