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• • • City Council May 27, 2003 Keller Variance 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: there are no physical circumstances that are unique in this situation. Like many properties in the City, the lot on which the home is placed is simply not large enough to accommodate the further expansion as proposed — at least to the south. 3. That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Comment: the property can, and has been, put to reasonable use under the ordinance. The applicant's desire to expand, which is not an issue of hardship, is not precluded by the directives of the ordinance. Rather, by making other design choices, the applicant would be able to expand while upholding ordinance requirements.. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Comment: granting the variance would confer special privilege, in the absence of hardship being demonstrated. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: in terms of variances, the spirit and intent of the ordinance is upheld only when a clear hardship is identified. CONCLUSION The Lino Lakes Zoning Ordinance establishes minimum street setback requirements for all City streets as a way of providing buffer space between traffic and structures, as well as providing for future right -of -way requirements when streets are constructed or enlarged. The portion of 62 " street east of Red Maple Lane, while not currently constructed, is designated on the Lino Lakes transportation plan to be constructed at some point in the future as a collector street, and will thus require a 40' setback. Staff would recommend denial of the proposed variance in order to preserve full right -of -way for 62nd Street.