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4.1 to adjacent to a5 an 4.2 Section 1012.02B3 (Required Yards & Open Space Side or Rear Yard Only) requires fences not to exceed 6-1/2 feet in height. The proposal by Mr. Konstantinides seeks to replace the existing fence, which lies from the west property line to the driveway, to provide his family with privacy and reduce the noise generated from Roselawn Avenue. 5.0 STAFF COMMENTS/FINDINGS: 5.1 Mr. Konstantinides owns the lot located in the southwest corner of Dellwood Avenue and Roselawn Avenue, which is a corner lot with Dellwood Street acting as the front yard and Roselawn A venue acting as the side yard adjacent a public street. 5.2 The Konstantinides parcel slopes down toward the ditch adjacent Roselawn Avenue, then the public right-of-way slopes up to the road surface. This situation creates a change in elevation of approximately 3 feet from the center of Roselawn A venue to Mr. Konstantinides yard. 5.3 The City Planner has reviewed this situation and determined there is justification for granting a VARIANCE to Section 1012.02B3 of the Roseville City Code to Mr. Konstantinides. 5.4 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 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. 5.5 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 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 PF3597 _RVBA__090104.doc- Page 2 of 4