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DORSEY & WHITNEY LLP <br /> MINNEAPOLIS SUITE 1500 COSTA MESA <br /> NEW YORK 50 SOUTH SIXTH STILEET BILLINGS <br /> SEATTLE MINNEAPOLIS,MINNESOTA 5 5402-1 498 FARGO <br /> DENVER HONG KONG <br /> TELEPHONE: (612) 340-2600 <br /> WASHINGTON,D.C. GREAT FALLS <br /> NORTHERN VIRGINIA FAX: (612) 340-2868 <br /> ROCHESTER <br /> DES MOINES www.dorseylaw.com <br /> TOKYO <br /> LONDON MISSOLU A <br /> CHRISTOPHER SMITH <br /> ANCHORAGE (612)340-7808 VANCOUVER <br /> SALT LAKE CITY FAX(612)340-2643 TORONTO <br /> BRUSSELS smith.christopher@dorseylaw.com SHANGHAI <br /> May 20, 2002 <br /> ATTORNEY/CLIENT PRIVILEGED <br /> Mr. Michael Mornson <br /> City Manager <br /> City of St. Anthony <br /> 3.301 Silver Lake Road NE <br /> St. Anthony, MN 55418-1603 <br /> Dear Mr. Mornson: <br /> I am writing in response to the zoning issues raised by Tom Brama in regard to the new <br /> house he is building in your City. I have discussed the issue with Jerry Gilligan who asked me <br /> asked me to get back to you. <br /> In Mr. Brama's most recent letter, he stated that he did not feel a variance was necessary <br /> and he was therefore withdrawing his request for a hearing before the planning commission. <br /> Thus, I am not certain whether the Planning Commission is still meeting in regard to his original <br /> variance request. <br /> In any event, Mr. Brama.would not meet the requirements for a variance from the Zoning <br /> Code's floor area ratio requirement. Although cities have broad discretion in considering <br /> variance applications, Minnesota Statutes, Section 462.357, subdivision 6 provides that a zoning <br /> authority may grant a variance if"strict enforcement would cause undue hardship because of <br /> circumstances unique to the individual property" and"only when it is demonstrated that such <br /> actions will be in keeping with the spirit and intent of the ordinance." <br /> The City's Zoning Code, Section 1665.06, subdivision 3, further provides that a variance <br /> shall not be granted unless strict enforcement would cause"undue hardship"because: (1)the <br /> property cannot be put to a reasonable use without the variance; (2)the circumstances causing <br /> the hardship were not created by the owner; (3) the variance, if granted, will not alter the <br />