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4.O BACKGROUND 4.1 Mr. Martin owns the property at 2970 Mildred Drive, which has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single- Family Residence District (R-1) , and which lies within a shoreland management district. 4.2 The coNDiT1oNAL usE request has been prompted by the applicant's desire to construct a 1,008-square-foot detached building to replace a smaller detached garage that was recently damaged by fire; the vAx1ANCE request is prompted by the desire to store a motor home inside the proposed garage. Variances are normally decided by the Variance Soard, but because this vAx1ANCE is accompanied by the request for coNDiT1oNAL usE approval, both requests are brought to the Planning Commission for a recommendation and to the City Council for final action according to the process established in �1015.0456 (Planning Commission Hearing for Zoning Variances) of the City Code. 5.O VARIANCE ANALYSIS 5.1 Section 1004.O1A10 (Accessory Suilding Height) of the City Code limits the height of accessory structures on single-family residential properties to 9 feet at the top of the side wall and 15 feet at the midpoint of the slope of the roof. The proposed garage would be similar to the illustrations in Attachment C in that the side walls would be 11 feet in height — tall enough to accommodate a 11-foot-tall garage door with roof trusses which have horizontal members across the bottom. The side elevation is out of scale because it shows a building 50 feet long, whereas the current proposal would be about 32 feet long. 5.2 Section 1013 of the Code states: "Where there are practical dlfflcultles or unusual hardshlps In the way of carrying out the strlct letter of the provlslons of thls code, the Varlance Board shall have the power, ln a speclflc case and after notice and publlc hearings, to vary any such provlslon In harmony wlth the general purpose and Intent thereof and may Impose such addltlonal condltlons as It conslders necessary so that the publlc health, safety, and general welfare may be secured and substantlal justice done. " 5.3 State Statute 462.357, subd. 6(2) provides authority for the city to "To hear requests for varlances from the llteral provlslons of the ordlnance In Instances where thelr strlct enforcement would cause undue hardshlp because of clrcumstances unlque to the Indlvldual property under conslderatlon, and to grant such varlances only when It Is demonstrated that such actlons wlll be In keeping wlth the splrlt and Intent of the ordlnance. `Undue hardshlp' as used In connectlon wlth the granting of a varlance means the property In questlon cannot be put to a reasonable use If used under condltlons allowed by the offlclal controls, the pllght of the landowner Is due to clrcumstances unlque to the property not created by the landowner, and the varlance, lfgranted, wlll not alter the essentlal character of the locallty. Economlc conslderatlons alone shall not constltute an undue hardshlp Ifreasonable use for the property exlsts under the terms of the ordlnance. ... The board orgoverning body as the case may be may Impose condltlons In the granting of varlances to Insure compllance and to protect adjacent propertles. " 5.4 The propertv in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The motivation to construct a garage taller than the Code allows is to accommodate the indoor storage of a motor home in a way that is less expensive than some of the alternatives (e.g., gambrel — or "barn" — trusses) that would meet the requirements of the City Code. Although Mr. Martin and his neighbors might all PF09-033 RCA 111609.doc Page 3 of 8