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e Memo to City Council Planning Case #01-31 Page 2 of 4 Variance Criteria The applicant has indicated the primary purpose for requesting a variance is to save an existing 40" tree on the property, and so a larger backyard can be maintained. The additional setback requirements associated with a corner lot also present some practical difficulties for development on the property. Finally, Lake Lane is currently an unimproved City street and making access to Edgewater Road more desirable. 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 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 of the property exists under the terms of the ordinance...:' e 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 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 of the 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 FindinQs In order to grant a variance, a physical hardship must be identified, as defined by the City and State criteria. For this application for a variance, staff can make the following findings: 1. Whether the circumstances for which the variance is requested are unique to the property. e Given the increased setbacks for a corner lot, the flexibility in building placement is minimized. The significant vegetation on the site is also unique relative to other properties.