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5.8 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the city council shall have the pO\\er, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 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 PF3518 - RPCA 090303 - Page 4 of 6