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The Supreme Court, applying Minnesota Statute <br />Section 462,357 which permits the granting of variances in <br />instances where strict enforcement of the zoning laws would <br />cause undue hardship because of unique circumstances applying <br />to the individual property under consideration and where the <br />grant of variances _is in keeping with the spirit and intent of <br />Minnesota's Zoning Law, considered the plaintiff's contention <br />that the property owner had not met the test of undue hardship <br />and unique circumstances applying to the' -property. The Court, <br />in denying the argument proposed by the opponents to the request, <br />said: <br />"Plaintiffs contend that the words <br />of Minn, St, 462,357, subd, 6, require <br />that the undue hardship must arise from <br />circumstances unique to the property <br />itself --not the owner, surrounding <br />neighborhood, economic feasibility, <br />or like elements They argue that the <br />"unique circumstances" must be characteristic <br />of the building site or the building thereon <br />and that the property must be different from <br />all others, i,e,, having no like or equal, <br />If this line of reasoning is followed, the <br />rant in of any variance, no matter how <br />minima , would be practically impossible <br />exceptwhere the topographic conditions of <br />a specific parcel of land would -render the <br />tract of land in question otherwise value-, <br />less, <br />a ue- <br />ess, Such an interpretation would ren er <br />impotent the power and authority rante <br />by the legislative act to the city council <br />to grant variance "where such actions will <br />e in keeping with the spirit and intent o <br />the ordinance. That statute specifically <br />prohibits t e granting of a variance permitting <br />any use that is not permitted under the ordinance <br />for property in the zone where the affected person's <br />land is located, By implication, therefore, it <br />does not prohibit granting nonuse variances such <br />as those of area, height, setback, density, and <br />parking requirements, if the granting thereof <br />is in keeping with the spirit and intent.of the <br />ordinance and the refusal to grant them would <br />