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a case public hearings, to vary such provision in harmony with 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 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 .13 The property 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, these property owners are challenged with a unique lot configuration and location of their property adjacent a busy street. Their property (most) is deemed a through lot which assigns two front yards to the parcel. The parcels are also located across the busy street from an active rail line and industrial uses that can adversely impact the privacy of these property owners. Strict adherence to the code would only allow a 4 foot tall fence to be constructed along this street. Due to their location on an A-minor arterial, the City staff has determined that it is reasonable to support a VARIANCE to allow the construction of an 8 foot tall uniformly designed privacy fence adjacent to County Road C. This is consistent with Code Section 1012.02 B3 which permits fences along back yard property lines in other districts, in this case residential, abutting B or I Districts, fences or walls shall not exceed 8 feet in height. The Staff has determined that the property can be put to a reasonable use if VARIANCES to Section 1012.02 are granted. 5.14 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The location of these single family residential properties is unique. The lots have two front yards, one on a City Street and the other on County Road C. Strict adherence to the code would only allow a 4 foot tall fence to be constructed along the property line in the County Road C "front yard". This lot constraint is not of the homeowner's making. In addition, Ramsey County is widening County Road C PF3629_RVBA_032305.doc Page 4 of4