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<br /> <br />strict enforcement cause to <br />the individual property under consideration, and to grant such variances only <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 />5.10 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: The Olson's home is set back approximately 66 feet <br />from the front yard property line and the parcel slopes from the northwest to the <br />southeast, which slope begins near the front of the home. Constructing into the slope can <br />be achieved, but is difficult and costly, and would possibly impact the parcel's drainage <br />pattern and vehicle access to the rear yard. The option to construct a detached accessory <br />building in the front yard becomes the most reasonable and practical solution. Given the <br />current site conditions the Community Development Staff has determined that a detached <br />accessory building is a reasonable and practical request. However, the location and size <br />of the accessory building must be changed. The structure must be set back a minimum of <br />30 feet from the front property line (northwest) and 7 feet from the side yard (north) <br />property line, and the size must be reduced to 832 sq. ft. so that total accessory building <br />square footage is below the size of the house footprint. The Community Development <br />Staff has determined that the property can be made more livable and put to a <br />reasonable and practical use under the official controls, if variances are granted. <br /> <br />5.11 The plight of the landowner is due to circumstances unique to the property not created <br />by the landowner: The Olson parcel has a unique slope that complicates the construction <br />of structures on the parcel. Those additions constructed directly adjacent or attached to <br />the existing home will require special care, unique design, increased cost, earth removal <br />and drainage pattern changes. The Olson home was originally constructed in 1940 and <br />lies approximately 66 feet from the front propeliy line (similar to most structures along <br />the south side of Old Highway 8 from County Road C2 to Troseth Road). New home <br />construction or an addition to the Olson home would be required to meet a 40 foot front <br />yard setback (does not apply to accessory buildings) The City Planner has determined <br />that locating a detached accessory building in the front yard is a reasonable and practical <br />solution to the Olson's unique situation. The Community Development Staff has <br />determined that the plight of the landowner is due to circumstances unique to the <br />property not created by the landowner (change in type of lot and setback <br />application because of frontage road). <br /> <br />PF3549 - ReA 032904 - Page 5 of 5 <br />