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Members of the City of Centerville Planning Cominission February 28, 2007 Page 2 buildable area for Lot 6. Despite the impact of the unique natural features of Lot 6, the property meets all other City regulations, including the minimum building size. Lot 6 allows for 1,300 square feet at the foundation level. . 2.. 'City of Centerville Variance Requirements. Under Minnesota Law, variances from the literal provisions of a zoning ordinance may be allowed if "strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration." Minn. Stat. ~ 462.357, subd. 6. The City's variance application requires that the following conditions must be satisfied in order to grant a variance: a Because of the particular physical surroundings, shape or topographical conditions of the parcel or lot, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. b. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. c. The alleged difficulty or hardship is caused by the City Ordinance and has not been created by any persons presently having an interest in the parcel ofland. d. The variance will not adversely affect public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. e. Variances will not be granted that allow a use that is otherwise not a permitted use in the zoning district that the subject property is located. As discussed above, the Planning Commission found that the Hanzal's initial 20-foot variance request satisfied the last four conditions and in discussing the :first condition requested that the Hanzals attempt to reduce the variance to 10 feet. The Hanzal's amended 10-foot variance satisfies the first variance condition as well as the four other conditions. a. Because of the Darticular physical surroundin~s. shape or topographical conditions of the ::cel or lot. the proposed variance would relieve an undue hardship. as distin . shed from a mere inconvenience. should the apDlicable ordinance be strictly enforced. The proposed 10-foot variance would relieve an undue hardship on Lot 6 that is due to the property's natural environmental features. Under Minnesota Statute ~ 462.357, undue hardship means: (1) the property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls; (2) the plight of the landowner is due to circumstances unique to the property not created by the landowner, and (3) the variance, if granted, will not alter the essential character of the locality.