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. . . ".. ,means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight ofthe 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 may be granted from specific provisions 'of this ordinance because such land factors as length of a side of a lot, the shape ofthe 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 Findine-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? (YES) Due to the way the lot was platted and the setback regulations, the property does have one of the smallest building envelopes in the area. In addition the property is located directly south of the MSII Country Insurance property and open space area. Dunlap Street runs along the east side of the property and only serves one or two other properties on the east side of the street. Dunlap Street terminates approximately halfway up the east side of the applicants property, south of the MSIICountry Insurance property. Extension of the roadway through the MSIICountry Insurance property is not shown in our Pavement Management Program plans or in our Comprehensive Plan. 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? \\Earth\Planning\Planning Cascs\2004\04-l2 Arend Variance (PENDING)\06-02-04 PC Report Arend Variance.doc Page 3 of6