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5.3 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" 5.4 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 Berntsen's current situation would not allow any improvements to the home or site without a variance. Further, the Berntsen's proposal seeks to make their home more livable and functional by creating an owner's suite with a sitting room, bedroom, and walk-in closet. The Community Development Staff has determined that the property cannot be put to a reasonable use under the official controls. i! B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Berntsen property (site/structures) is a permitted, but pre-existing non-conforming property that impervious coverage occupies 32% of the parcel. The Berntsen's did not create this situation, but rather, a Zoning Ordinance text change in 1999 established a "lot coverage" requirement. This fact limits any proposed structural modifications outside current horne/garage footprint or increased paved surface to the existing 3,996 square feet without an approved deviation (variance) from the City. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. C. The variance, ifgranted, will not alter the essential character of the locality: The improvements proposed will add an amenity to the home that is characteristic to many home built today. The design of the Berntsen home will not be out of character or context of a home from the mid to late 1990's. The Community Development Staff has determined that this variance, if granted, will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. PF3413 - ReA 081902 - Page 3 of 4