Resolution - #06-05-149 - 05/09/2006

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5. That undue hardship or practical difficulty will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, such as exceptional topographic conditions. 6. That the variance request is the minimum variance necessary to accomplish the intended purpose of the applicant. 7. That literal interpretation of the regulations for cul-de-sac length would deprive the applicant of rights commonly enjoyed by other properties in the same district. 8. That the special conditions causing the undue hardship do not result from the actions of the Applicant. 9. That if granted, the variance will grant special privilege that is denied to other owners of lands, structures or buildings in the same district. 10. That, if granted, the variance will not impair an adequate supply of light and air to adjacent property . 11. That, if granted, the variance will not unreasonably diminish or impair established property values with the neighborhood. 12. That, if granted, the variance will increase the danger of fire or endanger public safety. 13. That, if granted, the variance will have the effect of allowing a use prohibited in the applicable zoning district 14. That, if granted, the variance will permit a lesser degree of public health, safety and general welfare protection than established by City Code. 15. That, if granted, the variance will not permit standards which are lower than those required by State law. 16. That, if granted, the variance will violate the intent of the Comprehensive Plan The motion for the adoption of the foregoing resolution was dilly seconded by Councilmember Olson, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Jeffrey Councilmember Olson Councilmember Cook Councilmember Elvig Councilmember Pearson Councilmember Strommen Resolution #06-05-149 Page 2 of3