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\" Memo to Planning Commission Planning Casc #02-11 Page 2 of 4 . Variance Criteria The applicant is seeking to construct a 16' X 18' addition within the rear yard. This addition would match up with an existing addition which is also 22' from the rear property line. See the attached site layout for additional information. For reference, this addition would fit on the east side yard of the property. The R-2 Zoning District allows for a 5' side yard setback for principle structures. There is currently 3B' of side yard available. However, the applicant has indicated that they currently have two egress windows that serve two bedrooms in the basement. As such, they cannot put the addition on this side of the house without expanding the basement as well. See the attached letter from the applicant outlining the need for a variance. 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, 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 districl, 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, the following criteria must be addressed as defined by the City and the State. For this variance application, staff can make the following comments: 1. Whether the circumstances for which the variance is requested are unique to the . properly.