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<br />5.6 Requiring the Beans to construct a detached garage or a double deep attached garage is <br />not a reasonable solution and would reduce the livability of the structure and create added <br />. . <br />ImpervIOUS coverage. <br /> <br />5.7 In the past, Staff has reviewed and forwarded to the Commission and Council a number <br />of front yard and/or exception variance requests, including Meade, 388 South McCarrons <br />Boulevard, 16.5 feet 13.5 foot variance; Graham, 671 Shryer Avenue, 28 feet - 12 foot <br />variance; Wilson, 31 07 West Owasso Boulevard, 17 feet - 13 foot variance; and <br />Vazquez, 812 Lovell Avenue, 22.5 feet - 7.5 foot variance. All of these variance <br />requests were supported by the Planning Commission and City Council, with the Graham <br />request being the most similar to the Bean request. <br /> <br />5.8 Section 1013.02 states: Where there are practical difficulties or unusual hardships in the <br />way of carrying out the strict letter of the provisions of this code, the city council shall <br />have the power, in a specific case and after notice and public hearings, to vary any such <br />provision in harmony with the general purpose and intent thereof and may impose such <br />additional conditions as it considers necessary so that the public health, safety, and <br />general welfare may be secured and substantial justice done. <br /> <br />5.9 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 circumstances 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 conditions <br />allowed by the official controls, the plight of the landowner is due to circumstances <br />unique to the property not created by the landowner, and the variance, if granted, will not <br />alter the essential character of the locality. Economic considerations alone shall not <br />constitute an undue hardship if reasonable use for the property exists under the terms of <br />the ordinance....The board or governing body as the case may be may impose conditions <br />in the granting of variances to insure compliance and to protect" <br /> <br />5.10 Staff analysis of undue hardship factors is as follows: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Bean home, given its current <br />configuration and location on the parcel, is unable to expand outward (increased <br />footprint) without receiving approval of two variances. Requiring a detached <br />garage with a long driveway or a double loaded single stall attached garage, still <br />with a narrow width, are not reasonable options. The Community Development <br />Staff has determined that the property can be made more livable and put to <br />a reasonable use under the official controls if a variance is l,!ranted. <br /> <br />PF3459 - ReA 042803 - Page 4 of 6 <br />