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Roseville Planning Commission March 1; ?000 Page 3 "Unique circumstances" means that if the situation is common to all properties, a variance should not be issued. There must be something different about the subject property, such as the lot dimensions or orientation of the buildings or structures, or some other natural or artificial characteristic such as street accesses, which would justify the deviation from the standard. The unique circumstances can not be caused by the property owner, but the fact that the owner acquired the property with knowledge of the limitation will not preclude issuance of a variance. The "essential character" test means the issuance of the variance can not cause a radical change in the locality. Since zoning has as one of its principal goals the maintenance of property values and the uninterrupted enjoyment and use of a person's property, the variance should not prevent the property from "fitting in" with its neighboring properties. The city may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. The decision whether to approve or deny a variance rests primarily with the appointed and elected officials of a community, after evaluating the ordinance standards and the proposed use in light of its potential impact on adjacent properties. The courts have repeatedly stated that a municipal decision-making body has broad discretionary power to approve or deny an application for variances; the fact that a court reviewing the action of a municipal body may have arrived at a different conclusion, had it been a member of body, does not invalidate judgment of city officials if they acted in good faith and within broad discretion accorded them by state law and relevant ordinances. VanLandschoot v. Citv of Mendota Hei� 336 N.W.2d 503(1983). Reviewing courts will not invalidate a city's zoning variance decision if the court can determine that the city acted in good faith and within the broad discretion accorded it by statutes and ordinances. Because the city's decision will only be reversed if its stated reasons are legally insufficient or without factual basis, it is vitally important that the planning commission and council members clearly state and specify their findings and rationale for whatever decision they reach upon studying the information provided and the hearing. Very truly yours, Campbell Knutson Professional Association ,� �� , . _�__ � _ � r�� 777 57308