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CONDITION SECTION 1004.016 REQUIRED SETBACKS Front Yard Side Yard 30 feet 5 feet 21 feet 36 feet 21 feet 8 feet 19 feet NONE 5.5 On February 20, 1970 the Village of Roseville approved the Mogren' s Subdivision that created four lots which a created a shared private access drive to 2824 and 2812 Lakeview Avenue. VARIANCE REVIEW: 5.6 In Section 1013 the Code states ..... Where there are practical difficulties or unusual hardships in the way of carrying ont the strict letter of the provisions of this code, the Variance Board shaH have the power, in a specific case and after notice and pnblic 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. 5.7 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 aHowed 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 shaH 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". 5.8 The property in question cannot be put to a reasonable use if used under conditions aHowed bv the official controls: In light of the multitude of conclusions one can reach on "reasonable use", the City Planner has concluded that past approval (Village Board) set in place non-conformities that may have not been anticipated. A review of the City Code and the date in which specific requirements were adopted has been difficult to determine (such as requirements forbidding detached accessory structures and sheds from a front yard). However, it is clear that the garage cannot be replaced reasonably without PF3638_RPCA_050405.doc- Page 3 of6