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<br />. <br /> <br />. <br /> <br />. <br /> <br />3. Landscape Lot Area - Meets Requirement <br /> <br />The requirement for R-l: Single Family Residential District is a Minimum Landscape Lot Area <br />of65%. The proposed plans show 84% of the lot as landscape area. <br /> <br />Variance Criteria <br /> <br />A. State Requirements <br /> <br />Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" <br />as: <br /> <br />".. . means the property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls, the plight of the landowner is due to circumstance unique to the <br />property not created by the landowner, and the variance, if granted, will not alter the essential <br />character ofthe locality. Economic considerations alone shall not constitute an undue hardship if <br />reasonable use of the property exists under 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 ofthis ordinance is required, except for special cases which arise <br />because of the configuration of a particular parcel. The condition shall not have been created by <br />the landowner. A variance or variances may be granted from specific provisions of this ordinance <br />because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain <br />prohibit reasonable developmcnt equivalent to that which would be permitted without variance on <br />a similar size lot located in the same district, but which lot has no unusual configuration. <br />Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a <br />variance impair the health, safety, comfort and general welfare of the public, nor will it be <br />contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other <br />ordinance of the City." <br /> <br />Variance Findinl!:s <br /> <br />Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters <br />when hearing requests for zoning ordinance variances. <br /> <br />1. Are the circumstances for which the variance is requested unique to the property? <br /> <br />(YES) The house was originally built very close to the front setback leaving very little <br />room to expand within the setback to the west. Due to the steep hillside on the eastern <br />portion of the property, the applicant could not develop that portion of the property. In <br /> <br />\\Earth\Planning\Planning Cases\2005\05-02 Thorton Variance {PENDING)\02-02-GS PC Report Thomton Variance. doc <br /> <br />Page 3 of6 <br />