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A. State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" . as: " . . .means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight ofthe landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character ofthe locality. Economic considerations alone shall not constitute an undue hardship if reasonable use ofthe property exists under the terms ofthe ordinance..." B. City Requirements Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances may be granted from specific provisions of this ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the health, safety, comfort and general welfare ofthe public, nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other . ordinance of the City." Variance Findinl!s Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances. 1. Are the circumstances for which the variance is requested unique to the property? (YES) The property was platted as a very small lot plus half of another small lot, and the house was built with a very small side yard corner setback and front yard setback. The location of the property as a corner lot further reduces the buildable area of the lot. The neighborhood where the property is located was originally platted with all of the lots as 50 by 124.36 feet. Many of the homes in the area have been built on two or more lots, The remaining homes that were built on the original lots could not be built today while still complying with the City's setbacks. The number of lots this small in the City is very' small, smaller still is the number of those lots which are corner properties and therefore have to comply with the side yard corner setbacks as well. 11EarthlPlanninglPlanning Cases\2005105-/1 Karja/uhf; Varwnce (PENDING)\04~06-05 PC Report Karja/uhfi Variance,doc . Page 4 of7