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5.4 Section 11.0404 E states: Three Parcel Minor a subdivision creates a total ofthree (3) or less parcels, situated in an area where public utilities and street of way to serve the proposed parcels already exist accordance City codes, and no further utility or street extensions are necessary, and the new parcels meet or exceed size requirements of the zoning code, the applicant may apply for a minor subdivision approval. In this case neither parcel meets all requirements of the City Code. A series variances are necessary before a decision on the Minor Subdivision can be made. 5.5 Section 1004.016 (Residential Dimensional Requirements) establishes the minimum standards for residential parcels, which includes: an 85 foot minimum width along a public right-of-way; a 110 foot minimum depth; and 11,000 minimum square feet. 5.6 In Section 1013 the Code states..... Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 5.7 State Statute 462.357, subd. 6 (2) provides authority for the city to "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 variances 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....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect" 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The Official Controls of the City prescribe that all single family residential parcels be a minimum of 85 feet in width, 110 feet in depth and 11,000 sq. ft. in size. Mr. Beauclaire has an existing lot that is 321 feet deep on the north and 299 feet deep on the south. Mr. Beauclaire proposes to create two similarly sized and shaped parcels, although each is unable to meet the width and lot requirements. The lot PF3626 RPCA 040606 Page 3 of 5