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Planning Case VR2016-04 October 5, 2016 Page 3 d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. e. The variance does not alter the essential character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff’s analysis of the seven criteria is listed in Resolution 1055-16. In summary, the practical difficulty (criteria c & d) is that the private 30’ wide drainage easement significantly reduces the developable area of the lot. The private easement was created by an agreement between the adjacent Silver Lake Commons Apartments owner (MSP Real Estate) and the previous owner of the subject property (Mary Larson) in 1997 in response to the City’s approval of a Site Plan Review for the expansion of the apartments. Although the private easement is a result of the City’s requirement of the apartment’s owner, the City has no authority to require that the easement be changed or vacated. If the Variance is approved, the front yard setback would be reduced from 54’ to 30’. The proposed home would have a front yard depth about half that of other homes on the same side of the street (criteria e), but would still comply with the minimum 30’ front yard setback found elsewhere in the R-1 District (criteria f). If the Variance is denied, the owner could choose an alternative floor plan that would fit within the lot’s developable area. The developable area as-is, measures approximately 64’ wide X 58’ deep, and is triangularly shaped. After the developer (Kayak Properties) of the 2016 subdivision conducted the Title Search revealing the easement, the developer contacted the owners of Silver Lake Commons Apartments (Mounds View Family Housing), requesting that they vacate the private easement, which they chose not to do.