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Hanon is anow the attached garage addition as proposed. 5.6 In Section 1013 the Code 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 Variance Board shaH 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. 5.7 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 if used under conditions aHowed 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 shaH 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" 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The Hanons home is set back approximately 45 feet from the front yard property line, which distance is determined to be the parcels predominant front yard setback. Constructing an addition on to the front of the principal structure will encroach into this required setback. The City's regulatory authority begins at the 40 foot setback distance and a Setback Permit could be issued for an encroachment of 8 feet. The existing garage lies at the front of the home and can only be expanded to the north and west. Although a number of options could be implemented, such as eliminating existing patio area to reduce impervious coverage or placing a detached accessory building in the rear yard (eliminating the garden shed) neither option is practical, reasonable, nor supported by the Community Development Department. The Community Development Staff has determined that the property can be made more livable and put to a reasonable and practical use nnder the official controls, if variances are granted. PF3554 - RVBA 040704 - Page 4 of 6