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building would complement the existing home and provide shelter for vehicles and other seasonal items. 5.4 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. 5.5 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" 5.6 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 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 could also be attached to the home, however, substantial improvements and structural design would be required and be costly to complete. The Community Development staff has reviewed the existing (immediate) site conditions to determine whether there is a reasonable alternative/solution for support of this variance request. In review of the existing situation on the Peck parcel and the existing conditions of the parcel to the east, staff has concluded that the most practical and reasonable location is to place the detached accessory building 14 feet from the property line adjacent to County Road C2 and a minimum of 5 feet from the east property line. Community Development Staff has determined that the property can be made livable, and can be put to a reasonable use under the official controls, if two variances are granted. PF3532 - RPCA 100103 - Page 3 of 5