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EXHIBIT B • ATTACHMENT TO CITY OF ST. ANTHONY PETITION FOR VARIANCE Page 2 1 . Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. The property is currently the subject of an investigation by the Minnesota Pollution Control Agency of the State of Minnesota ( "PCA" ) for contaminated soil caused by a leak in a petroleum underground storage tank ( "UST" ) which was previously located on the premises and removed by Meta Operating Limited Partnership ( "Applicant" ) . The preliminary discussions with the PCA have indicated that remediation may be necessary which could involve removal of certain contaminated soils located within the area where the UST' s had been previously located. An undue hardship to the Applicant would be caused by the requirement for the asphalt or concrete paving materials used for the parking facility to be improved on this • property. It would be a waste of time, energy and money to completely pave this much parking area with a permanent surface only to have it torn up by or severely disrupted by remediation measures required to satisfy the PCA. 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. This property is uniquely situated and is subject to the extraordinary circumstances of this condition and the potential for the remediation of the soil underlying the, proposed parking area which may be imposed by the PCA. The ' variance is requested to ameliorate these extraordinary circumstances and allow the improvement of the parking area as described in the scope of the project described above. 3 . The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. • The request from the variance is not one created by the Applicant, but by requirements of the City Ordinance for paving materials.