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<br />'.J ,.,' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />r) <br /> <br />(-') <br /> <br />A. State Requirements <br /> <br />Minnesota State Statue in Chapter 462,357, Subdivision 6, (2), defines "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 ofthe locality, Economic considerations <br />alone shall not constitute an undue hardship if reasonable use of the property exists under <br />the terms of the 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 ofthis ordinance is required, 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 ofa 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 welfure of the 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 />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 variauce is requested unique to the <br />property? <br /> <br />No. Lindey's Prime Steak House which is another restaurant 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 District, <br /> <br />PC #03-(2 - PC Report to/OI/200) . Page 5 of8 <br />