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3.0 STAFF COMMENT <br />3.1 Variances may be granted where the strict enforcement of the literal provisions <br />of the ordinance would cause "undue hardship". The granting of a variance <br />shall only occur when it can be demonstrated that such an action will be in <br />keeping with the spirit and intent of the ordinance. <br />3.2 "Undue hardship" as used in connection with the granting a variance means the <br />property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls, the plight of the land owner is due to <br />circumstances unique to the property not created by the land owner, and the <br />variance, if granted, will not alter the essential character of the locality. <br />3.3 The City Attorney has prepared additional background regarding variances and <br />the findings that are necessary (Attachment 1). Section 1013.02 of the City Code <br />outlines the procedure for considering a request for a variance. <br />3.4 Larkin, Hoffman, Daly & Lindgren, LTD., on behalf of Bradley Operating <br />Limited Partnership, has submitted a written narrative in support of the variance <br />application. (Attachment 2) <br />3.5 Lee Keller, attorney representing Adrian Keller, has prepared background <br />regarding parking issues (Attachment 3). Additional letters supporting and <br />opposing the project and/ or variance have also been attached. <br />3.6 Staff has provided a copy of the draft minutes from the March 8, 2000, Roseville <br />Commission Meeting (Attachment 4). <br />3.7 Staff has provided a copy of a petition signed by 190 citizens opposing the <br />variance (Attachment 5). <br />3.8 Ordinance 1234 has been adopted to deal with the 24-hour service issues in a <br />Shopping Center District. At Har-Mar, the 25% coverage allows for 455,184 <br />square feet of building footprint (includes more than one structure). The Floor to <br />Area (FAR) Ratio of .5 could allow for a second level on most of the existing mall, <br />or approximately 910,000 square feet total, provided adequate surface parking <br />and/or parking ramps were available. <br />3.9 Conditions may be attached to a variance that mitigate the impacts on adjoining <br />properties. <br />PF3 194 — RCA (032700) Page 2 of 5 <br />