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This is the first request for a variance from 4 in 40 that the City has received. The basic rule of variances is that there be a determination that there is some physical uniqueness about the property that is causing the applicant a hardship and a reasonable use of the property. Generally, variances are dimensional in nature; i.e., variance from front yard setback because tlxe presence of wetlands, or sharply declining topography, or mature tree growth, etc. prohibits development in accordance with established standards. It is difficult to apply the standard variance criteria to a case that is not dealing with dimensional issues or unique physical features. However, Staff has also learned that based on Minnesota case law, communities have a fair amount of discretion in approving or denying variances. Another option is the granting of variances on the basis of 'practical difficulty' in addition to 'hardship', but the local City Code should be amended to include that option. Ramsey's code currently does not address 'practical difficulty'. The Commission may also want to delay a decision until the outcome of the comprehensive plan is known. The Applicant would have to agree to waive the 60 day decision rule in this scenario. And of course, there is the option to deny the request. Recommendation: Will be based on your discussion. Board Action: Motion to adopt Resolution #00-12- adopting Findings of Fact #.. relating to a request for a variance from Derek Nordvik to the 4 units in 40 acres density restriction. -and- Motion to approve Derek Nordvik's request for a variance from the 4 units in 40 acres density restriction and adopt Resolution #00-12- . declaring terms of Same. -or- Motion to deny Derek Nordvik's request for a variance from the 4 units in 40 acres density restriction based on the Findings of Fact. Review Checklist: City Administrator City Attorney BoA: 12/5/00