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5.0 STAFF COMMENTS/FINDINGS: 5.1 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. 5.2 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" 5.3 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 Seal's cunent situation would not allow any improvements to the home or site without multiple variances. Further the Seal's proposal seeks to make their home more livable by creating a more functional dining room. The Community Development Staff has determined that the property can be made more livable and put to a reasonable use under the official controls if a variance is 2;ranted. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The Seal parcel was subdivided at a substandard size to the existing language in the City Code, which size impacts how the property can be used. This is a unique situation that the Seal's did not create. The existing situation offers no room for future growth to meet their family needs. The proposal to add the dining room to the east side of the home and not extend up a floor is a decision that has far reaching structural/economic consequences. 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. PF3435 - ReA 111802 - Page 3 of 5