Agenda - Planning Commission - 11/04/2004

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~xctrnole 0[,4 ~/ariance Consideration Under Minnesota law, a municipali .fy may grant a variance where unique circumstances of the individual property create an undue hardship. Minn. Stat. Sec. 462.357, subd. 6. ;'Undue hardship" generally 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 will not alter the essential character of the locality. The ::undue hardship" requirement does not mean a property, owner must show that the land cannot be put to any reasonable use without the variance. Instead, the undue hardship standard requires a showing that the property owner would like to use their property in a reasonable manner that is prohibited by ordinance, Minnesota courts have explained there are three requirements for granting a variance under the %ndue hardship" standard. The requirements are: (l) reasonableness; (2) unique circumstances; and (3).the essential character of the locality. Sample of City Code Variance Standards is the proposed variance in confonTfity with the established criteria contained in the City. Code: fi) IBecause of the particular physical surrounding, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; (2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought; (.3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land; (4) The grant of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity, in which the parcel of land is located; (5) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values with the vicinity. (6) The granting of the proposed variance will not be contrary to the intent of this Code and ~he City's Comprehensive Plan. Consider standards #1 and #2 pertaining to the unique circumstances of the subject property. An example of an adequate reason, or ;'finding" to support a denial: The e×i.~ting topography involves slope and floodplain issues that limit development in some portions of this property.. The property, is located at the end of a cul-de-sac, hasa stand of' trees and a significant grade change of 44 feet. The proposed building has been placed ~o maximize the property despite the existing slope and floodplain issues. 69