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<br />, . <br /> <br />" <br />) <br /> <br />! ) <br /> <br />A. State Requirements <br /> <br />. <br /> <br />Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defiues "undue <br />hardship" as: <br /> <br />". ..means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstance unique to the property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship ifreasonable use of the property exists under <br />the terms ofthe ordinance..." <br /> <br />B. City Requirements <br /> <br />Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, <br /> <br />"Adherence to the provisions of this ordinance is rcquired, except for special cases which <br />arise because of the configuration of a particular parcel. The condition shall not have <br />been created by the landowner. A variance or variances may be granted from specific <br />provisions of this ordinance because such land factors as length of a side of a lot, the <br />shape of the lot or the unusual terrain prohibit reasonable development equivalent to that <br />which would be permitted without variance on a similar size lot located in the same <br />district, but which lot has no unusual configuration. Economic conditions alone shall not <br />be grounds for a variance. In no case shall the granting of a variance impair the health, <br />safety, comfort and general welfare ofthe public, nor will it be contrary to the intent and <br />purpose of the Comprehensive Plan, the official map or this or any other ordinance of the <br />City." <br /> <br />. <br /> <br />Variance Findinl!:s <br /> <br />Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five <br />matters when hearing requests for zoning ordinance variances. <br /> <br />Following are staff's findings: <br /> <br />1. Are the circumStances for which the variance is requested unique to the <br />property? <br /> <br />No. Lindey's Prime Steak House which is another rcstaurant in the <br />Neighborhood Business District would have similar issues with the <br />maximum size for a restaurant in the Neighborhood Business District. <br />However, Lindey's and the applicant's business are the only two properties <br />that in the City which are restaurants and are located in a Neighborhood <br />Business Di strict. <br /> <br />. <br /> <br />PC #03-12 - PC Report 10/01/2003 - Page 5 of 8 <br />