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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 of the 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" 5.6 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: The Community Development staff has reviewed the existing (immediate) site conditions to determine whether there is a reasonable alternative/solution that warrants positive support for the variance requested. Based on our review of the existing situation of the Bakers Square parcel a five foot two inch variance is required to meet the accessibility codes of the state, staff has concluded that the proposed location, four feet two inches from the property line adjacent east of Bakers Square, is a practical and reasonable solution to the uniqueness of the parcel and would comply with Minnesota's State Accessibility Code. Based on our analysis of the situation the Community Development Staff has determined that the property can be made more hospitable, and can be put to a reasonable use under the official controls, if a variance is granted. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: When initially constructed the structure met all applicable codes and ordinances, and was constructed at the required side yard setback. However, the accessibility requirements for disabled individuals has been amended a few times over the past five years, making it necessary for Bakers Square to construct a compliant restroom. That being said, Bakers Square has only one reasonable and practical option, construct the restroom adjacent the existing restrooms, five feet two inches into the required side yard setback meeting mandatory State Accessibility Codes. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner (structure placement prior to code such as the updated regulations in the Minnesota State Accessibility Code). C. The variance, if granted, will not alter the essential character of the locality: The Community Development Staff has determined that this variance, if granted, will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. It simply, complies with state regulations under Minnesota's Accessibility Codes. PF3507 - ReA 081803- Page 3 of 4