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. . . Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: ".. . means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the p'light of the 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 of the 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 ofthe Comprehensive Plan, the official map or this or any other ordinance of the City." Variance Findin!!: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) The property is located directly west of Lexington Avenue. Due to the widening of Lexington Avenue and the installation of a southbound right turn lane, the some of the subject property will be acquired to accommodate the turn lane and a sidewalk area. A unique circumstance is that the property was a conforming property and the nonconforming side yard corner setback, and the reason for the variance, was caused by the widening of Lexington Avenue. 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? \\EarthWlanning\Planning Cases\2005\05-14 Variance for IIOS Amble Drive (pENDING)\05-04-05 PC Report Il05 Amble Dr Variance,doc Page 3 of5