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Memo to Planning Commission Planning Case #02-28 Page 3 of5 . Variance Criteria The applicants recently erected a garden shed in the southwest corner of their lot. A resident alerted the Code Enforcement Officer that the shed may not have been in conformance with the City Zoning Ordinance. The applicant was then notified of the shed's non-conforming status in a letter from the Code Enforcement Officer dated October 2, 2002. After consultation with staff, the applicant submitted the aforementioned request for a 40-foot variance to the Side Yard Corner Setback area and a 4-foot variance to the Rear Yard (accessory) Setback. 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 circumstance 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 pennitted 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 thc 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? .