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5.3 Because this parcel is a comer lot, the same setback and building line is imposed adjacent to the front property line as on the side yard adjacent to a street. Given this, the Peck proposal is required to receive a 16 foot variance from both 1004.01A7 and 1004.02D4 of the City Code for the proposed detached garage. 5.4 In October 2002, a similar proposal was requested by Mr. Mike Strub, 1275 Burke Street, which approval granted a 25 foot variance from these sections of the City Code allowing a detached garage to be located 5 feet from the property line adjacent to Dellwood Street 5.5 The proposed improvement to the Peck parcel attempts to meet the goals and objectives of the Housing Plan. Specifically, the Housing Plan encourages reinvestment into existing housing to provide increased functionality to retain families within the community to maintain a quality neighborhood. The proposed detached accessory building would complement the existing home and provide shelter for vehicles and other seasonal items. 5.6 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 power, 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. 5.7 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" 5.8 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 Peck parcel is afforded a location option that does meet the 30 foot required setback, but this location would occupy most of the rear yard of the parcel diminishing use of the yard and require additional paved area adding to the parcel's impervious coverage. The garage PF3532 - ReA 102003 - Page 3 of 6