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<br />1 <br />minimum of 30 feet from a front property line. <br /> <br /> <br />structures to <br /> <br />a <br /> <br />5.3 The Peterson's principal structure lies approximately 12 feet from the front property line, <br />which location is a pre-existing non-conforming location that does not meet the required <br />30 foot front yard setback. The proposal to place the detached accessory building in line <br />with the principal structure, but only 12 feet from the front property line, requires <br />variances from Section 1004.01A7 and 1004.02D5. <br /> <br />5.4 The proposed improvement to the Peterson parcel attempts to meet the goals and <br />objectives of the Housing Plan. Specifically, the Housing Plan encourages reinvestment <br />into existing housing to provide increased functionality to retain families within the <br />community to maintain a quality neighborhood. The proposed detached accessory <br />building would provide a 26 foot by 24 foot (624 sq. ft.) two car detached garage and <br />paved driveway. <br /> <br />5.5 The proposed location of the detached accessory building must meet the required five <br />foot side yard setback and achieve a six foot separation from the principal structure. Mr. <br />Peterson will be required to either locate and expose his corner pins (south and west) or <br />provide a survey that verifies the parcels boundaries, existing structure, and proposed <br />accessory building, prior to the issuance of a building permit. <br /> <br />5.6 Section 1013.02 states: Where there are practical difficulties or unusual hardships in <br />the way of carrying out the strict letter of the provisions of this code, the city council <br />shall have the power, in a specific case and after notice and public hearings, to vary <br />any such provision in harmony with the general purpose and intent thereof and may <br />impose such additional conditions as it considers necessary so that the public health, <br />safety, and general welfare may be secured and substantial justice done. <br /> <br />5.7 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. "Undue hardship" as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the variance, <br />if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance.... The board or governing body as the <br />case may be may impose conditions in the granting of variances to insure compliance <br />and to protect" <br /> <br />PF3484 - ReA 06/16/03- Page 3 of 5 <br />