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to at side of the driveway where the driveway intersects the street, three foot (3') flares are permitted. The maximum driveway width for all other uses shall be thirty six feet (36') and ten foot (10') flares are permitted. 5.5 Section 703.04B8 reads: Driveway Elevation: The driveway elevation at the property line shall not be more than ten inches (lO") nor less than four inches (4") above the center line of the abutting street with a maximum slope to gutter lines of 10%+ and a minimum slope of2%+. 5.6 Section 1004.01All reads: In-Ground Garages: Where the natural grade ofa lot at the building line of a house is eight feet or more above the established curb lever, an accessory building for vehicle storage (garage) may be erected within any yard, provided that ~ of the wall height or more is below grade lever. Such an accessory building shall be set back a minimum of 20 feet from any right-of-way. The Code is not clear on whether a living area can be constructed on top of the garage at this setback. 6.0 STAFF COMMENTS/FINDINGS: 6.1 The proposed improvements to the Meade home meet the goals and objectives of the Housing Plan. Specifically, the Housing Plan encourages reinvestment into existing housing to provide increased functionality to retain families within the community to maintain a quality neighborhood. 6.2 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. 6.3 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 ifused 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" PF3430 - ReA 102102 Page 3 of 5