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5.2 The property currently has an attached two stall garage and the proposed detached accessory building would provide an additional 24' x 26' two car detached garage for vehicle and personal storage. 5.3 The Berger parcel slopes gently from a point 45 feet into the parcel towards Victoria Street to a point. The parcel then levels off until is reaches the front of the attache garage at which point the yard begins to slopes down towards the northwest comer. 5.4 This parcel was split a number of years ago, at which time a grading plan was required to deal with the proper drainage of storm water runoff. In particular, the newly created parcel to the north and the northwest comer of the subject parcel were graded to properly direct storm water away from principal structures and adjacent properties. The proposed detached accessory structure would be located in the flat portion of the parcel, the required distance from the south property line (five feet) and not impact or change drainage patterns on the parcel. 5.5 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. 5.6 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" 5.7 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 Berger parcel has two location options available that could meet the City Code requirement. I) Mr. Berger could construct the two stall garage as an addition to the existing attached garage, which proposal would create a long (47 foot) garage facing Victoria Street. 2) Mr. PF3465 - ReA 06/02/03 Page 3 of 6