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The Fire Marshal has reviewed the subdivision application and did not have any objections or changes to the proposal. The City Engineer's technical revIew IS ongomg, but no changes to the layout of the subdivision are expected. 5. Granting a Variance to the Zoning Code The applicant has requested a blanket variance for the third phase of this subdivision to allow for a 30 foot front yard setback instead of the 40 foot front yard setback as required in the Zoning Code. Phase one of the subdivision was granted a blanket front yard setback variance and that variance was extended to the second phase. The City Attorney has determined that the original variance approval from 1983 has expired, which is why the applicant has submitted a new request. Previous variance approvals do not require the City to approve this variance request. The variance request must be evaluated based on current State Statutes. The applicant has submitted a letter addressing the variance criteria (Attachment 3C-I). The criteria listed below must be used to evaluate the variance request. Staff has provided suggested findings offact 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 where the strict enforcement would cause undue hardship because of circumstances nnique to the individual property under consideration. Variances shall only be granted when it is demonstrated that such actions will be in keeping with the spirit and intent of the Code. "Undue hardship," as used in connection with the granting of a variance, means: . The property in question cannot be put to a reasonable use under conditions permitted 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 for the property exists under the terms of the Code. B. Additional Review Information: Although State Statutes include guidelines for evaluating variances, the interpretation and meaning of those Statutes have been impacted by various court decisions. A somewhat common, though apparently incorrect, interpretation of City of Arden Hills Planning Commission Meetingfor June 6, 2007 HMetro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-014 Hazelnut Subdivision 3 Preliminary Plat - Final Plat - Variance (PENDING) \051807 - PC Report - Hazelnut Park 3 - Plat and Variance.doc Page 10 of 15