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5.3 The attached garage is a better solution then constructing a larger detached accessory building and needing to add large portions of pavement for access to Simpson Street 5.4 The current attached garage proposal uses the same location as the existing attached garage. The proposed addition is a much deeper and larger garage than the existing attached garage, and the structure will rise approximately four feet above the current roofline of the existing home. 5.5 The long wall span on the west side of the attached garage should include windows to break-up the mass and starkness of the wall. 5.6 Gutters should be added to the addition to properly channel roof drainage. 5.7 The rear yard items, including the pool and patio existed before the Code amendment in 1999, which included language limiting residential properties to a 30% impervious coverage. 5.8 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. 5.9 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" 5.10 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 Prokop's have an existing legal non-conforming coverage issue on their parcel that requires them to obtain a variance for any increase in building footprint or paved surface. The Prokop proposal seeks to add a more functional garage for vehicles and storage of family PF3443 - ReA 121602 - Page 3 of 5