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4.2 State Statute 462357, 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 he in keepingwith the spirit and intent of the ordinance. 'Undue hardship' as used in connectionwith 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 he may impose conditions in the granting of variances to insure complianceand to protect", STAFF COMMENTS O N VARIANCE CRITERIA: 43 The �li�ht of the landowncr is due to circumstances anictue to the nron�rlv not created hv the landowner: Designing a home on this uniquely shaped parcel is a ehallen�e and one that has not been able to be overcome by 6 ootential owneribuilders, Though previous statements and the previous approval of the parcel were predicated on a house design that could meet all required setbacks, the uniquely shaped parcel and its required setbacks restrict design and functional use of the parcel for home/garage purposes. The Plannin� Division has concluded that the ��ight of the landowner is due to circumstances unique to the property, which uniqueness is better addressed through the granting of a 15 foot front yard VARIACE. 4.4 The nrouertv in auestion cannot be put to a reasonable use if used under conditions allowed bv the official controls: The City Planner concludes that the required front yard or rear yard setback is too restrictive to accommodate a fu7nctiozzally designed home of a modest size on the parcel. The Planner has further concluded that a VARIANCE to the required front yard setback of 15 feet would provide greater design flexibility and afford the eventual purchaser enough latitude to construct a home and attached garage. The Planning Division has concluded that the property can be put to a reasonable use under the official controls if a 15-foot VAR.�ANCE to fj1004.016 (Residential DimensionalRequirements — Front Yard Setback) is granted. ��.�-�R i �t��rk �pp��,l ll{��SO6P�� r ,�