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-. -. - Memo to Plmming Commission Planning Case #02-02 Page 2 of 4 II Topography: LRelatively Flat ~I Variance Criteria The applicant is seeking to replace and slightly expand the existing deck on their property. The existing deck is currently 35 feet from the property line. In short, the applicant has indicated that the variance is necessary for the following reasons: . The improvement will represent and enhancement to the neighborhood through good architectural design. . The deck is approximately 40 years old and should be repaired or safety reasons. 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...." B. City Requirements Section VIII, 0, 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 orderto grant a variance, the following criteria must be addressed as defined by the City and the State. 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.