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<br />A. State Requirements <br /> <br />Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" <br />as: <br /> <br />. <br /> <br />". ..means the property in question cannot bc put to a rcasonable use if used under conditions <br />allowed by thc official controls, the plight ofthc landowner is duc to circumstance uniquc to the <br />property not created by the landowner, and thc variance, if grantcd, will not alter the essential <br />character of the locality. Economic considerations alone shall not constitute an undue hardship if <br />reasonable use of the propcrty exists under the terms of the ordinance..." <br /> <br />B. City Requirements <br /> <br />Section VIII, D, 4, c and d, ofthc 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 Jength of a side of a lot, the shape of the lot or the unusual terrain <br />prohibit reasonable development 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 Findings <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 property was platted as a very small lot plus half of another small lot, and the <br />house was built with a very small side yard corner setback and front yard setback, The <br />location of the property as a corner lot further reduces the buildable area of the lot. The <br />neighborhood where the property is located was originally platted with all of the lots as <br />50 by 124.36 feet. Many of the homes in the area have been built on two or more lots. <br />The remaining homes that were built on the original lots could not be built today while <br />still complying with the City's setbacks. The number of lots this small in the City is very <br />small, smaller still is the number of those lots which are corner properties and therefore <br />have to comply with the side yard corner setbacks as well. <br /> <br />\\EarlhIPlanninglPlanning Casesll005\05-11 Karjalaflti Variance (PENDING)\04~06-05 PC Report Karjdlahti Variance. doc <br /> <br />Page 4 of7 <br /> <br />. <br />