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5.4 Section 602.06 (Parking on Boulevard Prohibited) reads: No vehicle shall be parked on any boulevard adjacent to a public street except for boulevard parking spaces listed on the inventory of boulevard parking spaces regularly in use, dated June 30, 1984, prepared by the code enforcement officer, a copy of which is incorporated herein by reference and which is on file in the office of the city manager, may continue to be used until one of the following occurs: A. Roadway improvements involving disturbance of or removal of the boulevard parking area is undertaken; or B. Substantial improvements to the lot located adjacent to the boulevard parking area is undertaken, such expansion or construction of house, garage or driveway (Ord. 1223,6-29-1999). 5.5 Based on the proposal by Mr. Strub, a variance is necessary to Section 602.06 because there will not be adequate depth (20 feet) behind the property line to allow vehicle parking on the driveway. Notwithstanding, staff has determined that a condition must be placed on this proposal to ensure that vehicle parking is limited to inside the accessory structure, due to the close proximity to the public right-of-way and street. 5.6 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. 5.7 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" PF3426 - ReA 102102 - Page 3 of6