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<br /> <br /> <br /> <br />intent <br />necessary so that the public <br />substantial justice done. <br /> <br />5.5 State Statute 462.357, subd. 6 (2) provides authority for city to "hear <br />for variances from the literal provisions of the ordinance in instances where their <br />strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property under consideration, and to grant such variances only <br />it is demonstrated that such actions will be keeping with the spirit and intent <br />the ordinance. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, the plight of the landowner is due <br />to circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for <br />property exists under the terms ofthe ordinance....The board or governing body as <br />the case may be may impose conditions in the granting of variances to insure <br />compliance and to protect". <br /> <br />5.6 The property in Question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: In general one can conclude that "reasonable use" can <br />be achieved with most variance requests. However, it is difficult to place an accessory <br />structure on the property without reducing the usable area of the rear yard. the <br />home, constructed in 1956, lies approximately 22 feet from the property line adjacent to <br />Rosedale Drive, which location is pre-existing non-conforming to the current Code <br />requirement of 30 feet. An addition to the principal structure along same <br />(that does not encroach closer to the property line) could be completed without a <br />variance. But the construction of a detached accessory structure requires a 30 foot <br />minimum setback, even though the front yard is currently at 22 feet. The Seablooms <br />desire to convert the existing attached garage into living area, eliminating possible issues <br />with fumes from gas cans, vehicles and other yard equipment items from entering the <br />home. The City Planner has determined that the property can be put to a <br /> <br />PF3651_RVBA_080305- Page 3 of5 <br />