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Leighton, Karney & Crabtree <br /> ATTORNEYS AT LAW <br /> Rosevnle PROFESSIONAL CENTER, SUITE 12C <br /> 2233 HAMLIN! AVENUE NORTH <br /> ROSEVILLE, MN 55113.5007 <br /> S124031.5854 <br /> T EPAX 5131531.2414 <br /> MARK A. KARNSY N. RICK fAITZ <br /> ORAfle,e0?MAL ATTQANIY <br /> LEE J. LEIOHTCN <br /> oc ooualEl <br /> TOC CRAITRIE <br /> March 19, 1990 <br /> MS. Michelle igen <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, Minnesota 55112 <br /> Re: Phillipa 66 Variance Request <br /> Dear Michelle; <br /> I have reviewed the Minutes of the planning commission meeting <br /> of March 7, 1990. You have asked me to render an opinion on <br /> whether the applicant has presented sufficient evidence of hardship <br /> so that a variance request should be granted for a curb cut on Long <br /> Lake Road. It is my opinion that sufficient hardship has not been <br /> • shown so that the planning commission or the city counsel can deny <br /> the applicant's request for a variance. <br /> Please note that I have only reviewed the planning commission <br /> Minutes. I am not personally familiar with the parcel of property <br /> involved. Therefore, I wanted to submit my legal reasoning for <br /> this opinion because it is based upon certain assumptions that I <br /> have made from the review of the planning commission Minutes . <br /> First, if the variance is not granted, the applicant will not <br /> be deprived the intended use of the premises . My understanding is <br /> that a curb cut on Bronson Drive will serve the same function as <br /> developed as a Phillips 66 service station and the curb cut on Long <br /> Lake Road is requested more as a matter of convenience than as a <br /> result of any health or safety issues. <br /> Second, the City does not have to treat the applicant the same <br /> as other applicants of a similar nature have been treated elsewhere <br /> in the city. Each request is treated with regard to the unique <br /> circumstances that surround every parcel of property within the <br /> city. This applicant's request must be treated with regard to the <br /> specific and unique factors that surround this parcel of property. <br /> There may well have been other extenuating circumstances that have <br /> allowed other applicants to get a approval for similar curb cuts <br /> that may not be required in this instance. The fact that other <br />