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Variance Request <br />August 1, 2001 <br />Page 2 <br />_. _ <br />Section 1125.02, Subdivision 2, of the City Code. The Code clearly states tIaat a hardship exists when <br />all of the criteria are met. The individual criteria are as follows: <br />a. Exceptional or extraordinary circumstances apply to the property which do nat apply <br />generally to other properties in the same zone or vicinity and result from lot size or <br />shape, topography or other circumstances over which the owners of the property since <br />the effective date hereof have had no control. <br />Staff is unable to determine arry exceptaonal or extraordinary circumstances associated with <br />this lot. The basis for the varrance is the proposed five-lot subdivision andMr Gustafson's <br />desire for two of the three lots to be rezoned R-2, which requires wider lots. <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of <br />rights commonly enjoyed by o�her properties in the sarne district under the terms of this <br />Title. � - - _ <br />The literad interpretation of the Code would not deprive Mr. Gustafson of rights commonly <br />enjoyed by other properties in the same dtstrrct. The Code allows for a three dot subdivision <br />of this dot, but not if two of the lots tivould be rezoned R-2. <br />c. That the special conditions or circumstances do not result from the actions of ti�e <br />applicant. <br />The special conditions are clirectly related toMr. Crustafson's desrre to divide the lot fnto three <br />developable parcels, two of which would be R-2 lots <br />d. That granting the Variance requested will not confcr on the applicarit any special <br />privilege that is denied by ihis Title to owners of other lands, structures or buildings in <br />tbe same district. <br />Granting a variance in this case woulci confer a special prividege not enjoyed by other <br />praperty otivners. The subdivision requirements are intended to maintain orderly and <br />consistent development throughout the City. Deviating from these requirements without a <br />demonstrated hardrhip or practical difficulty would constitute a special privilege. <br />e. That the Variance reqnested is the minimum variance which would alleviate the <br />hardship. Ecanomic conditions alone sha11 not be considered a hardship. <br />While the requested variance would be the minrmum necessary to allow the development as <br />proposed by the applicant, if the applicant tivould accept only one R-2 lot rather than two, a <br />variance for the proposed lot widths would not be required. In ihis case, economic conditions <br />seem to be the ondy hardship. <br />f. The Variancc would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. - <br />'� <br />