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a to a to a 4. Mr. Section 12.02B3 (Required Yards & Open Space Side or Rear fences not to exceed 6-1/2 feet in height. Only) 4.3 The proposal by Mr. Thienes seeks to fence an area 24 feet by 32 feet, which area generally occupies the southwest comer of the parcel. 5.0 STAFF COMMENTS/FINDINGS: 5.1 The original structure (house) was built in 1948 and lies generally in the southwest comer of the parcel. The parcel is rectangular with a length of 154 feet adjacent to McCarrons Boulevard South and a depth of approximately 85 feet. 5.2 The land in this area (Roma Avenue to McCarrons Boulevard) generally slopes from the southwest to the northeast, which in the case of the subject parcel, creates an elevation change of approximately four feet from the rear of the home at 267 Roma Street down to the rear of the Thienes home. 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. Thienes. 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 PF3593_RVBA_090104.doc - Page 2 of4