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6.2 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. 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 McCloskey parcel is currently 63 square feet over the parcel's allowable impervious coverage. Any proposed improvement that would add impervious coverage, requires a variance. The McCloskey proposal seeks to connect two existing driveways to allow better access to County Road C2 and Old Highway 8 without the need to back-up into traffic. This proposal would greatly assist Ms. McCloskey because of her medical and physical condition, and guests. 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: Most comer lots are unique in their own right. However, when developing a site, the uniqueness is usually taken into account and the approved plans deals with these circumstances. In the McCloskey case, the comer lot is odd shaped and it was never anticipated that a medical/physical condition would make it difficult and potentially hazardous to maneuver a vehicle in and out of either driveway. 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. PF3424 - ReA 092302 - Page 3 of 5