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<br />5.5 Section 1004.016 (Residential Dimensional Requirements) establishes mInImUm <br />standards for residential parcels, which includes: an 85 foot minimum width along a <br />public right-of-way; a 110 foot minimum depth; and 11,000 minimum square feet. <br /> <br />5.6 In Section 1013 the Code states ..... Where there are practical difficulties or unusual <br />hardships in the way of carrying out the strict letter of the provisions of this code, <br />the Variance Board shall have the power, in a specific case and after notice and <br />public hearings, to vary any such provision in harmony with the general purpose <br />and intent thereof and may impose such additional conditions as it considers <br />necessary so that the public health, safety, and general welfare may be secured and <br />substantial justice done. <br /> <br />5.7 State Statute 462.357, subd. 6 (2) provides authority for the city to "hear requests <br />for variances from the literal provisions of the ordinance in instances where their <br />strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property under consideration, and to grant such variances only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of <br />the ordinance. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, the plight of the landowner is due <br />to circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance....The board or governing body as <br />the case may be may impose conditions in the granting of variances to insure <br />compliance and to protect" <br /> <br />5.8 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: The Official Controls of the City prescribe that all single <br />family residential parcels be a minimum of 85 feet in width along the public right-of- <br />way. Mr. Albertson has a 200 foot wide parcel that could easily accommodate this <br />requirement. However, to split off an 85 foot wide parcel creates a uniquely shaped <br />parcel that is not the best design for the existing site conditions. Mr. Albertsons home <br />was constructed in such a manner that it is impossible to split off a complete 85 foot wide <br />by 200 foot parcel. Creating the 85 foot wide parcel would intrude into what is <br />considered the existing home's front yard. Creating a parcel that is 69 feet wide seems <br />more reasonable and practical given the existing site conditions. The Community <br />Development Staff has determined that the property can be made more livable and <br />put to a reasonable and practical use under the official controls, a 16 foot lot width <br />variance is granted. <br /> <br />PF3556 RPCA 040704 Page 3 of 5 <br />