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LARKIN, HOFFMAN� DALY & LINDGREN� LTD. Mr. Thomas Paschke February 7, 2000 Page 5 the desired synergy with the existing mall would not be achieved. Practical difficulties associated with providing enclosed loading docks and trash as required by Ordinance 1234 also severely constrain development. Over a two year period, the Cub proposal is the only viable proposal that meets City Comprehensive Plan goals and policies, Zoning Ordinance requirements and Bradley's objective to assure the continued viability of Har Mar Mall. The Cub project is consistent with the past administrative interpretation of the Zoning Ordinance, but requires a variance from the new interpretation of the Zoning Ordinance directed by the City Council. The benefits of the Cub proposal are described in subsequent sections of this letter. Some of the benefits involve improvements to e�sting conditions not associated with Cub. Those benefits cannot occur without granting the requested variance. Collectively, these are unique circumstances applicable to the Har Mar property and the requested variances. The unique circumstances which give rise to the need for the variances were not created by Bradley. Bradley did not have actual or constructive knowledge of the current City Council interpretation of the lot coverage provision before it purchased the property in 1992, before it expanded the southeast comer of the mall for Home Place in 1995, or before it entered into a lease with Cub. Even if Bradley had such knowledge, under Minnesota law this would alone would not be justification for denial of the variances. Essential Character of the Locality Granting the requested variances will not alter the essential character of the locality. The Har Mar Mall property has been a shopping center since the 1950s. The Cub project essentially represents a small addition to an expansion of the e�sting shopping center with a resultant lot coverage percentage increase ranging from 0.74 % without enclosed loading and trash to 1.02% with enclosed loading and trash. Grocery stores have previously been located in the Har Mar Ma1L Moreover, the Har Mar Mall property has included and currently includes other `twenty-four hour uses" as defined in Ordinance 1234, including but limited to the theater, Ground Round and other restaurants, and Barnes and Noble. As documented in previous information submitted to the City, Cub expects relatively few customer transactions between 12:00 a.m. and 6:00 a.m.. (Woodbury averaged less than 15 transactions per hour on a Saturday). Bradley and Csb worked diligently with City staff to make changes to the originally proposed plans to conform to Ordinance 1234's new strict performance standards for twenty-four hour uses within 300 feet of a residential district and to address neighborhood concerns. The City can impose additionai conditions to granting the variances to protect the public health, safety and welfare and to guard against any significant alteration of the essential character of the locality.