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6.3 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" 6.4 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 Grahams current situation would allow an 8 foot encroachment under the Setback Permit process. However, because of the design of the rooms and the placement on the site an addition of only 8 feet does not provide adequate space for a bedroom, nor living room improvement. The Community Development Staff has determined that the property cannot be put to a reasonable use under the official controls. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Graham property (site/structures) is unique in that it is one of a few with a predominant setback of 40 feet versus a setback of 30 feet as is required today. This being the case, it becomes difficult to construct reasonable and livable space onto the existing home 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, if granted, will not alter the essential character of the locality: The improvements proposed though may not be considered normal for a 1950's home, bur are standard in today's society. Specifically, homes built today include certain amenities such as larger kitchen/family area, multiple bathrooms, formal dining room, and master bedroom suites. The design proposed for the Graham home will not be out of character or context of a home from the mid to late 1950'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. PF3422 - ReA 092302 - Page 3 of 4