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<br />5.8 Further, the depth ofthe proposed attached garage could be reduced to 24 feet, which would <br />be ample to house vehicles and store items such as a boat and trailer as well as other personal <br />items. This depth would then reduce the setback encroachment to 20 feet. <br /> <br />5.9 Section 1013.02 states: Where there are practical difficulties or unusual hardships in <br />the way of carrying out the strict letter of the provisions of this code, the city council <br />shall have the power, in a specific case and after notice and public hearings, to vary <br />any such provision in harmony with the general purpose and intent thereof and may <br />impose such additional conditions as it considers necessary so that the public health, <br />safety, and general welfare may be secured and subs tantial justice done. <br /> <br />5.10 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circums tances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. "Undue hardship" as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use for the property exists <br />under the terms ofthe ordinance....The board or governing body as the case may be <br />may impose conditions in the granting of variances to insure compliance and to <br />protect" <br /> <br />5.11 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: Currently Mr. Norris is unable to construct any <br />improvements that expand the principal structure footprint to the north or west. These two <br />areas have 30 foot minimum setbacks, for which the principal structure is currently considered <br />pre-existing non-conforming due to the installation ofthe frontage road and how setbacks are <br />applied to a comer lot versus an interior lot. There is also no reasonable option allowing the <br />replacement or expansion of garage space on the parcel without variances. Given the current <br />site conditions and those that existed prior to the installation of the frontage road, the <br />Community Development Department has determined that a 26 foot by 60 foot attached garage <br />is not a reasonable addition for this parcel. Staff does, however, support a reduce attached <br />garage (24 feet x 56 feet) that meets the same 21 foot rear yard (north) setback as the house <br />and lies no closer than 12 feet from the side yard (west) property line. The Community <br />Development Staff has determined that the property can be made more livable and put <br />to a reasonable and practical use under the official controls, if variances are granted. <br /> <br />PF3541 RPCA 120303 - Page 4 of 6 <br />