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the written Statutes is that a property owner must show that they do not have reasonable use of their property without an approved variance. The difficulty with this standard is what counts as "reasonable use" of the property? Since most properties could be construed to have "reasonable use" without a variance, this standard was declared virtually insurmountable by the Court of Appeals. A revised interpretation of the "reasonable use" evaluation criteria has emerged from the Minnesota Court of Appeals. According to the City Attorney, a property owner does not need to show that reasonable use for a property only exists with an approved variance. Instead, the landowner must only demonstrate that the proposed variation is reasonable for a particular property in a given zone. For example, the property owner must only demonstrate that an addition that encroaches into a particular setback is reasonable as opposed to showing that the property would only have reasonable use with the addition. While this is a much softer interpretation of reasonable use, the applicant must still address all four variance criteria listed above. Findinl!s of Fact Zoning Code Findings: I. The lot layouts in the preliminary and final plat proposal meet or exceed all of the requirements of the underlying R-3 Zone, including minimum lot size, lot width (from a 30 or 40 foot setback), and lot depth. 2. All sixteen lots in the preliminary and final plat are capable of accommodating a detached single family dwelling that meets all required setbacks and coverage limits without any additional variances. Subdivision Ordinance Findings: 3. The proposed lot layouts meet or exceed all of the requirements of the City of Arden Hills Subdivision Code. 4. The extension of Katie Lane meets or exceeds the street layout requirements of the Subdivision Code. The design of the road is subject to City Engineer and Public Works approval. 5. All sixteen lots are adjacent to the public right-of-way and capable of supporting separate driveways. 6. The final utility, road, and drainage plans are subject to City Engineer and Public Works approval prior to any work being done on the property. 7. The plat proposal includes the necessary drainage and utility easements along lot lines as required by the Subdivision Ordinance that will be dedicated to the City. 8. The drainage areas and stormwater pond areas are included in a drainage easement that will be dedicated to the City. City of Arden Hills Planning Commission Meeting for June 6, 2007 \lMetro-inet.uslardenhil/s\PlanninglPlanning Cases\2007\07-014 Hazelnut Subdivision 3 Preliminary Plat -Final Plat - Variance (PENDING) \051807 - PC Report -Hazelnut Park 3 - Plat and Variance.doc Page 11 of15