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--� ,.� <br />requirements, yet no variance was considered in connection with the approval of <br />the minor subdivision. <br />b. In 1983, the property at 1748 Alta Vista was divided, creating the lot at 1747 Dale <br />Street. Neither of these lots meets the minimum standards, but the minor <br />subdivision was approved without discussion of the necessary variances. <br />c. In 1984, the City approved a lot division at 1766 Alta Vista, creating the lot at <br />1765 Dale Street; here again, neither are the Code's minimum requirements met, <br />nor were variances considered during the approval process. <br />d. A minor subdivision proposal for the property that is currently being considered, <br />again creating two nonconforming parcels, was approved in 1986 without the <br />required variance. Although no specific timeframe was discussed in which the <br />applicant needed to record the new legal descriptions at Ramsey County, enough <br />time has passed that Community Development staff has directed the applicant to <br />submit an entirely new application rather than simply ask the Council to reaffirm <br />its previous approval. <br />e. In 1988, a larger subdivision was approved creating the lots at 1812, 1816, 1820, <br />and 1822 Dale Court and 1803 Dale Street. Most of these new parcels did meet <br />the minimum standards, but the lot on Dale Street did not achieve those standards. <br />No variances were discussed during the review and approval process. <br />f. Variances for substandard lots were not considered until 1997, when the owner of <br />1742 Alta Vista Drive applied for a minor subdivision and the required variances. <br />According to public record pertaining to this application, the ultimate denial of <br />the request was due to the fact that the applicant failed to provide some of the <br />information required; the denial was apparently unrelated to the variance itself. <br />g. Then, in 2005, minor subdivisions were approved with the appropriate variances <br />for the newly created substandard parcels at the intersection of Dale Court with <br />Dale Street and on Dale Street behind 1758 Alta Vista Drive. While variances <br />were considered and approved for these most recent minor subdivisions, neither <br />applicant was able to make a strong demonstration of the hardship they sought to <br />relieve through the variance process. <br />5.5 Section 1013 of the Code states: "Where there are practical di�culties or unusual <br />hardships in the way of carrying out the strict letter of the provisions of this code, the <br />[City CouncilJ shall have the power, in a specifrc case and after notzce and public <br />hearings, to vary any such provision in harmony with the general purpose and intent <br />thereof and may impose such additional conditions as it considers necessary so that the <br />public health, safety, and general welfare may be secured and substantial justice done. " <br />5.6 State Statute 462.357, subd. 6(2) provides authority far the city to "hear requests for <br />variances from the literal provisions of the ordinance in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the <br />individual property under consideration, and to grant such variances only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the <br />ordinance. `Undue hardship' as used in connection with the granting of a variance <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the properry not created by the landowner, and the variance, if <br />PF07-060 RPCA 110707 <br />Page 3 of 6 <br />