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<br />5.2 The City Planner considered two options to reduce the coverage impact. The first was to <br />expand the driveway at the garage, extending it only to the front of the home. While the <br />second option expanded the driveway in the front yard and straightening out the drive to <br />a 10 foot width north of the home to the garage. However, Mr. Meyer explained that he <br />desires to eliminate an access conflict with a side entry stoop and the need to continually <br />move vehicles when leaving the premises. The driveway is currently at an angle with a <br />width at the front of the home of 10 feet and the rear of the home of 12 feet and the stoop <br />entry encroached 2 feet into the driveway narrowing through access. Mr. Meter added <br />that there are multiple drivers in the home and maneuvering vehicles to allow others to <br />leave the premises is a continued problem. After further site review and listening to Mr. <br />Meyers reasoning, the City Planner concluded that the two options were unreasonable <br />and impractical. <br /> <br />5.3 Staff has reviewed the proposal and explanation submitted by Mr. Meyer and determined <br />that there are no reasonable options available that reduce or eliminate the variance, <br />without reducing the usefulness of the driveway. <br /> <br />5.4 Section 1013.02 states: Where there are practical difficulties or unusual hardships <br />in the way of carrying out the strict letter of the provisions of this code, the city <br />council shall have the power, in a specific case and after notice and public hearings, <br />to vary any such provision in harmony with the general purpose and intent thereof <br />and may impose such additional conditions as it considers necessary so that the <br />public health, safety, and general welfare may be secured and substantial justice <br />done. <br /> <br />5.5 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests <br />for variances from the literal provisions of the ordinance in instances where their <br />strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property under consideration, and to grant such variances only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of <br />the ordinance. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, the plight of the landowner is due <br />to circumstances unique to the property not created by the landowner, and the <br />variance, 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 <br />the case may be may impose conditions in the granting of variances to insure <br />compliance and to protect" <br /> <br />PF3486 - ReA 061603 - Page 3 of 5 <br />