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CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N, Knutson Thomas M. Scott Elliott B. Knetsch (651) 452-5000 Fax (651) 452-5550 March 1, 2000 Joel J, Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Marthew ), Foli Marguerite M. McCarron ,., A/50 licensed in \Visconsin Roseville Planning Commission c/o Steven Sarkozy, City Manager City of Roseville 2660 Civic Center Drive Roseville, Minnesota 55113-1899 Re: Variances .. Dear Commissioner Members: Given the upcoming review of a variance application for a proposed expansion of the Har MarShopping Center it may be beneficial to review the current status of Minnesota law regarding variances. As you know, a variance is a land use permit, specifically authorized by state law and city ordinance, that authorizes a landowner to deviate from the requirements of the zoning ordinance. Under state law, a variance from the literal provisions of the ordinance may be granted in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and only when the use proposed meets the spirit and intent of the ordinance. The pertinent section of state law states, that the zoning authority may: " , . ,hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such valiances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. 'Undue hardship' as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship aiso includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121