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5.4 A unique situation that exists pertains to the limited ability to place a larger accessory building on the property. The uniqueness becomes further complicated if the accessory building is placed in the rear of the parcel. In the case of the Williams building permit for the garage, Staff accommodated the request by Mr. Williams to construct the new garage behind the existing garage and extend the driveway upon removal ofthe existing garage. This action maximized the surface allowance on the William parcel. It should be noted that without removing large sections of driveway and the existing garage, then constructing the new garage closer to the front of the home, an activity the City was unable to require at the time the penllit for the garage was issued, it becomes difficult for property owners and Staff to foresee future needs and desires. 5.5 Changes in Mr. William's family life have contributed to the need for more living space, and while a second story could be constructed to achieve the necessary space without a variance, it is not a practical or easily accessible solution to the situation. 5.6 The proposed 16 by 16 foot (256 square foot) addition is modest in size and fits well with the existing home. The addition will extend from the existing bedroom, creating a larger master bedroom with a closet. The exterior will include a window on the north side of the building and will be constructed flush with the north existing building wall. 5.7 Gutters should be added to the addition to properly channel roof drainage. 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 power, in a specific case and after notice and public hearings, to vary any such provision in harnlOny 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 tern1S 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" PF3452 - ReA 022403 - Page 3 of 5