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State Statute 462.357, subd. 6 (2) provides authority for the city to “hear requests 5.6 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”. The property in question cannot be put to a reasonable use if used under conditions 5.3 allowed by the official controls: In light of the conclusions one can reach on “reasonable use” and normal business operations, the City Planning Staff has concluded that a decrease in setback from 40 feet to 19 feet is a reasonable request. As a practical matter, the generator will be screened by its own external metal casing as well as mature The Staff has determined that the property can be put to a conifers on the site. reasonable use under the official controls if a 19 foot setback VARIANCE to Section 1007.01 is granted. The plight of the landowner is due to circumstances unique to the property not 5.4 created by the landowner: The Berger property is one of a number of industrial uses to a major electric overhead power entering the building from the street frontage. The electric power to the building comes from a pre-existing overhead line and a building service feed and transformer located on the front yard of the site, in the location where The Staff has determined the generator must also be set to allow for efficient back up. that the plight of the landowner is due to circumstances unique to the property and an out-dated code, not created by the landowner. The variance, if granted, will not alter the essential character of the locality: 5.5 The site is located in an industrial area, screened by existing large conifers. There are loading docks and entries visible from the street. The generator will not degrade the character of The Staff has determined that the 19 foot setback variance for the these features. generator will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. êòð ÍÌßÚÚ ÎÛÝÑÓÓÛÒÜßÌ×ÑÒæ 19 foot front yard setback VARIANCE to 6.1The Staff recommends approval of a Section 1007.01 of the City Code (Industrial Building Front Yard Setback Requirements) to allow the installation of an emergency generator adjacent to Long Lake Road based on the findings in Section 5 and the following conditions: PF3704_RVBA_020106 Page 3 of 4