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5.5 The proposal to construct the 462 sq. ft. will conform to the side yard setback for the parcel which is a minimum of 5 feet. 5.6 The City Planner has reviewed the Vittori request and has determined there is justification for granting a VARIANCES to Section 1004.01 A6 and 1004.016 of the Roseville City Code. 5.7 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. 5.8 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 the case may be may impose conditions in the granting of variances to insure compliance and to protect". 5.9 The propertv in Question cannot be put to a reasonable use if used under conditions allowed by the official controls: In general one can conclude that "reasonable use" can be achieved with most variance requests. However, in the case of the Vittori proposal, the 30% impervious coverage requirement was adopted after the existing site improvements occurred and based on the home/attached garage design, the only logical location to construct a double stall garage addition is on to the front of the existing singla stall garage. The Staff has determined that the property can be put to a reasonable use under the official controls if a VARIANCE Section 1004.01A6 and 1004.016 are granted. PF3619_RVBA_030205.doc- Page 300