Laserfiche WebLink
A_ <br /> Krummenacher a.rgues that the City's decision was arbitrary and capricious <br /> because the City did not apply the proper standard to determine whether Liebeler <br /> demonstrated "undue hardship" as defined in Minn. Stat. § 462.357, subd. 6. This <br /> provision allows a city to grant a variance "from the literal provisions of the ordinance in <br /> instances where their strict enforcement would cause undue hardship because of <br /> circumstances unique to the individual property under consideration." Minn. Stat. � <br /> § 462.357, subd. 6. <br /> Minnesota Statutes § 462.357, subd. 6, provides a definition of"undue hardship," <br /> and that definition requires that three factors be met. Specifically, the statute defines <br /> "undue hardship" as meaning, <br /> the property in question cannot be put to reasonable use if used under conditions <br /> allowed by the official controls, the plight of the landowner is due to <br /> circumstances unique to the property not created by the landowner, and the <br /> variance, if granted, will not alter the essential character of the locality. <br /> Id.6 To receive a variance, the applicant must show that he or she meets all of the three <br /> statutory requirements of the "undue hardship" test. Id. In addition to satisfying the <br /> "undue hardship" requirement, the statute allows municipalities to grant variances only <br /> 6 The Minnetonka City Code has almost identical provisions. Minnetonlca City <br /> Code § 300.07.1(a) ("A variance may be granted from the literal provisions of this <br /> ordinance in instances where strict enforcement would cause undue hardship because of <br /> circumstances unique to the individual properry under consideration and when it is <br /> demonstrated that such actions would be consistent with the spirit and intent of this <br /> ordinance. Undue hardship means the property in question cannot be put to a reasonable <br /> use if used under conditions atlowed by this ordinance, the plight of the landowner is due <br /> to circumstances unique to the property not created by the landowner, and the variance, if <br /> granted, would not alter the essential character of the neighborhood."}. <br /> 11 <br />