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5.9 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 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" 5.10 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Currently Mr. Davis is unable to construct any improvements that expand impervious coverage without a variance. He is also unable to realistically reduce impervious coverage through design. Specifically, the ability to attach the garage becomes a complicated structural design challenge, as well as a costly venture. Attaching a garage would also require a variance to the side yard setback. The proposed detached garage could be placed closer to the home, eliminating some of the existing impervious coverage, but the subsequent location would create a difficult back-up maneuver to the narrow driveway. The only other option is to require the detached garage size be reduced to the required 900 sq. ft size. However, staff supports a reduced accessory building size of 960 square feet that meets the needs and desires of the applicant and is practical for the parcel and a reasonable design. The Community Development Staff has determined that the property can be made more livable and put to a reasonable and practical use under the official controls, if a variance not to exceed 470 sq. ft. is granted. 5.11 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Davis home was constructed in 1954 and an average parcel for that era. However, the parcel is narrower (75 feet) and smaller (10,013 sq. ft.) than the current code prescribes. In addition, current improvements pre date accessory building and lot coverage requirements that have been established to balance impacts. That being said, there are limited options offered to Mr. Davis to resolve his storage space needs. 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 (modest home on large parcel). 5.12 The variance, ifgranted, will not alter the essential character of the locality: Although a large detached accessory building (garage) is not a design feature of the late 1950's, there appears to be a need for similarly sized structures in the neighborhood. Most of the homes that lie adjacent to Veteran's Park on the east side of Griggs Street have detached garages in the rear yard with sized ranging from 572 sq. ft. (Davis) to near 800 sq. ft. The PF3 518 - ReA 092203 - Page 4 of 6