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I 'I Ull~' EXIS UNb PKUPll"'fj'n A1UANC'F. I-lIi'J H 1II-llilVlliNT CUNlJI.nUN l'nl\lnITU\N SECTION 1004.016 Front Yard 21 feet 9 feet 30 feet (garage) Side Yard 7 feet - South 3 feet - South 10 feet 5 feet - North 5 feet - North SECTION 1016.14B Lot Width Lot Width 100 feet 78 feet 78 feet 22 Lot Size Lot Size 15,000 SQ. ft. 9,828 SQ. ft. 9,828 SQ. ft. 5,172 sq. ft. SECTION 1016.16A OHW Setback 75 feet 36 feet 39 feet SECTION 1016.26B1 Lot Coverage 25% 2,457 SQ. ft. 2,600 SQ. ft. 143 sq. ft. 5.10 The City Planner has reviewed the Brown request and has determined there is justifieation for granting a V ARrAN CE to Section 1004 and 1016 of the Roseville City Code. 5.11 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. 5.12 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 PF3624_RYBA_030205.doc- Page 5 of8