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The variance request in this new application would be the third variancc rcquest for the . property. 4. Variance Evaluation Criteria The criteria listed below must be used to evaluate the variance request. Staff has provided suggested findings of t~lct in the following section. A. Variance Review Criteria - Section 1355.04 Subd. 4,C: Variances from the literal provisions of the Zoning Code may be granted in instances \vhcre the strict enforcement would cause undue hardship becausc of circumstances unique to the individual property under consideration. Variances shall only be grantcd whcn it is demonstrated that such actions will be in keeping with the spirit and intent of the Code. "Undue hardship. II as used in connection with the granting of a vanance, means: . The property in question cannot be put to a reasonable use under conditions pellllitted by the Zoning Code; . The plight of the landowner is due to circumstances unique to the property not created by the landowner; . The variance, if granted, will not alter the essential character of the locality; and, . Economic considerations alone shall not constitute an undue hardship if . reasonable use lor the property exists under the tcnllS of the Code. R. Additional Review Infonllation: Although State Statutcs include guidelines for evaluating vanances, the interpretation and meaning of those Statutes have been impacted by vmious court decisions, A somewhat common, though apparently incorrect, interpretation of the writtcn Statutes is that a property owner must show that they do not have reasonable use of their prope,.~v \vithout an approved variancc. Thc di rticulty \vith this standard is what counts as "'reasonable lIse'- of the property? Since most properties could be construed to have "reasonable use" \vithout a variance. this standard was declared virtually insunllountable by the Court of Appeals. A revised interpretation of the "reasonable lise" evaluation critcria has emerged fi'om the Minnesota Court of Appeals. According to the City Attorney, a property owner does not need to show that reasonable use tor a properly only exists with an approved variance, Instead, the landowner must only demonstrate that the proposed variatio1/ is reasonable tor a particular property in a given zone, For ('if\, o(..Ir'/(,1/ l!ills Planning COli/mission Ml'elil/g/i)/" Janl/ar)' 10, ]()(J,7 . :;,\f('/ro-illl'/_I/-"'lIrd('l1hi//01'/(///Ilillg :1'/tl/1I1illg ('II.1'{'s,l006'(J(,-,035 /lI/Y{'ll V"rillIlC(, (/'I.'..;'V'J)/,VC;i \1 21(}()6 - /'(' !I'-'I'or! - /11/.1'<'1/ l'ar;llIlN'.th,.. Page 6 of 9