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<br />5.3 The proposal by Mr. Koenig seeks approval to reconstruct the garage and driveway 3 feet <br />into the required setback or to a point 2 feet from the property line. Currently the <br />existing detached garage is as close as 5 inches to the side property line and the existing <br />driveway is as close as 2 feet (in the area of the proposed replacement). <br /> <br />5.4 The City Planner has reviewed the proposal, concluding that at least one option exists to <br />reduce overall impervious coverage on the parcel. However, the City Planner has <br />determined that there are no reasonable, practical, or economical options available that <br />dramatically reduce or eliminate the variance, without requiring a redesign of the <br />proposal, removal of all or a portion of the existing patio, and/or the removal of all or a <br />portion of the proposed storage slab. <br /> <br />5.5 Specifically, the proposed parking slab behind the new garage could be reduced in size to <br />a design that accommodates just the wheel area of the vehicle or trailer via concrete strips <br />3 feet wide by 16 feet long or 96 square feet in size. <br /> <br />5.6 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 />5.7 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 />5.8 The property in question cannot be put to a reasonable use ifused under conditions <br />allowed by the official controls: The Koenig lot is narrow and offers no ability to <br />construct a two stall wide garage adjacent the home. Detaching the garage from the <br />home and placing it in the rear yard affords proper design, although position flexibility is <br />limited given the (house) distance from the rear property line, existing side (east) <br />stoop/step accessing the home, and the curve necessary to provide access via a driveway <br /> <br />PF3 50 1 - RPCA 080603 - Page 3 of 6 <br />