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estop) -d vcictl tably from asserting that these two easements bar <br />the use of the Rhode property l'or a residence. <br />Either these easements are invalid as not permitted by <br />the zoning code which was what the council concluded, or their <br />existence plus the addition of the Rhode house does riot violate <br />the code. If either proposition is sound, then the Beckers' <br />contention is not sustainable. In any event, the council•could <br />have granted a zoning variance to permit Lite co -existence of <br />th^ easements and the Rhode residence since otherwise the Rhode <br />property would be without value and the Becker -created easements <br />would establish an undue hardship justifying* the variance. <br />There being no sound legal objection to the granting of <br />the size and width variance, those variances were properly <br />granted because otherwise Rhode would be deprived of any use <br />of his property as was ruled in Curry v. Young, (1969) 285 Minn. <br />387, 173 H.W.(2) 410. <br />The Beckers object to the granting of the se.4ack variance <br />claiming that there 13 tlo undue hardship which justifies this <br />variance. They seers to insist that a setback var•lance may be <br />justified only when necessary to make property buildable as <br />urged at page 11 of Plair►tii'fs' lost -trial br•iel'. <br />Merriam Park Community Council v. HcUonoulh, (1973) 297 <br />Minn. 210 W.W. (2) 416, clearly establishers that there ir• no <br />reed to prove that land will be: valueless un,-,ss variances <br />nr•- ri-anted as to zoning setback and other requirements. The <br />court there sa► ld : <br />0 <br />"PI altitll'1':: .,nil thattit(• wurii: (if' Minn. St,. <br />462. 3'.)7, suhd. (,, t— qu.1 re that t ho mi,ho, h;ivd- <br />shil) must 1'1'um unl'1,1.• t„ <br />the 11C0 tho• (1wni'1•, tiU►'t `Und- <br />tni� n(.•irlib-Hi-1`•1, ••c—nciml fe nathi I lty, or Ilk - <br />elements ... ! t' e.hta line c)1' reasunliw, i:. followed, <br />