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—� .-.. <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 />6.3 State Statute 462.357, subd. 6(2) provides authority for 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 property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use for the property exists <br />under the terms of the ordinance ... The board or governing body as the case may be may <br />impose conditions in the granting of variances to insure compliance and to protect ". <br />6.4 The propertv in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: Planning Division staff believes that Lot 4 can be put to <br />reasonable use without a variance, but that the issue is really more of a practical difficulty <br />pertaining to the design of the lots rather than a hardship pertaining to use. The existing <br />house was built in 1959 and was addressed as 1940 Cleveland Avenue until 1963 when <br />the Loren Acres No. 1 plat was recorded. This plat created Loren Road and a lot line in a <br />rear yard that was predictably radial to the nearby cul-de-sac turn-around, but that was at <br />an arbitrary angle with respect to the house. As long as Lots 3 and 4 of the plat have been <br />under common ownership, these lots comprised a single residential parcel, so the <br />common lot line has been irrelevant. Now that the current owners intend to build a home <br />on Lot 4 it has become clear that the shared property boundary is not in a location that <br />respects the functionality of the back yard of the existing home. The Planning Division <br />has determined that the proposed lot line recombination would relieve a practical <br />difficulty and that approving a vA��vcE in this case would be in harmony with the <br />general purpose and intent of the City Code. <br />6.5 The pli�ht of the landowner is due to circumstances unique to the propertv not created bv <br />the landowner: As noted above, the lot lines were created in 1963, four years after the <br />house was built in 1959, and long before the applicants took ownership of the property. <br />The Planning Division has determined that the plight of the landowner is due to <br />unique circumstances not created by the landowner. <br />6.6 The variance, if �ranted, will not alter the essential character of the locality: The <br />realignment of the property boundary will make Lot 4 basically mirror Lot 5 of the same <br />Plat, will have no visual impact on the surrounding area, and will only serve to improve <br />the utility of the two affected residential properties. The Planning Division has <br />determined that the allowance of a vA��vcE will not alter the essential character of <br />the locality, nor adversely affect the public health, safety, or general welfare of the <br />city or adjacent properties. <br />PF08-019 RPCA 060408 <br />Page 3 of 4 <br />