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Bagwill Variance July 20, 2005 Page 2 Variance Considerations: For a variance to be approved, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The property has an area of 11,761 square feet which is 739 square feet less than the required corner lot minimum of 12,500 square feet. Due to irregular geometrics, more than 50% of the parcel perimeter is street frontage. With the sub-standard lot size, there is little room remaining in the rear yard for private usage by the residents. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. While the literal interpretation of the provisions of the Zoning Code would not deprive the applicant of rights enjoyed by other properties in the same zone, because of the substandard lot size, excessive street frontage and minimal rear yard area, the applicant is unable to make reasonable and desired use of the rear yard. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicants are not the original owners of the property and had nothing to do with the platting of the land, the placement of the home and the placement of the shed. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to seek relief from perceived or real hardships. Corner lots, while not unordinary, do pose more site constraints than non-corner lots. This corner lot is substandard in size and has a greater than average street perimeter which together create a unique circumstance.