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418 Minn. 210 NORTH WESTERN REPORTER, 2d SERIES <br />fiances only a 10 -unit apartment could be <br />built on defendant's tract; that the exist- <br />ing homes on the tract were 50 to 70 years <br />old and in poor condition, and that the city <br />had issued orders for rehabilitation at a <br />cost in excess of $20,000; that it was not <br />economical to tear down these houses and <br />rebuild new single-family dwellings; that <br />the comprehensive development plan for <br />the city, as adopted by the planning board, <br />had recommended development of the tract <br />for multiple -residential purposes; that the <br />prospective tenants of the proposed apart- <br />ment units primarily would be older cou- <br />ples, many of whom would not own auto- <br />mobiles, and the anticipated demand for <br />offstreet parking was not greater than <br />would be accommodated by one space pro- <br />vided for each unit; and that the 32 -unit <br />apartment building was of a standard de- <br />sign, and a reduction to 30 living units <br />would result in no material change in the <br />design and foundation of the building. <br />The learned court below made findings <br />of fact based upon the foregoing evidence <br />and determined that the rehabilitation of <br />the existing homes was impractical due to <br />their age and physical condition; that the <br />required 35 -foot setback, under the condi- <br />tions presented, was an undue hardship to <br />the development of the tract for multiple - <br />residence purposes; that the tract could <br />not be reasonably and economically devel- <br />oped without the reduction of the setback <br />requirement to 16 feet; that the delay in <br />processing defendant's requests for vari- <br />ances constituted a hardship peculiar to the <br />tract due to the fact the ordinance requir- <br />ing the additional offstreet parking space <br />was passed during that delay; that the an- <br />ticipated demand for offstreet parking was <br />not greater than that provided after grant- <br />ing the variance requested; that the vari- <br />ances for density, ground coverage, and <br />side -yard clearances were minimal in na- <br />ture and would have little, if any, effect <br />upon the valuation of adjacent properties; <br />that the construction of a 10- or 11 -unit <br />apartment on the tract would be economi- <br />cally unfeasible and totally impractical be- <br />cause of the high land cost involved; that <br />the granting of the parking variance re- <br />quested was consistent with the public <br />health and general welfare; and that a re- <br />duction in the number of units in the pro- <br />posed apartment building from 32 to 30 <br />would not materially change the design and <br />function of the building and would only <br />cause economic hardship to the applicant <br />without any benefit to the community. <br />The trial court held that the action of <br />the city council in. granting the variance <br />applications was not arbitrary, capricious, <br />or unlawful and that it constituted a lawful <br />exercise of its discretionary function. <br />The ultimate issue presented here is: <br />Where defendant landowner applied for <br />several variances from the St. Paul Zoning <br />Code, would the strict enforcement of the <br />code cause undue hardship because of cir- <br />cumstances unique to the individual proper- <br />ty under consideration? <br />Minn.St. 462.357 grants municipalities <br />the power to enact ordinances dividing the <br />municipality into zones and regulating the <br />height and size of buildings and density of <br />population. Minn.St. 462.357, subd. 6, pro- <br />vides: <br />"Appeals to the board of appeals and <br />adjustments [authorized by § 462.3541 <br />may be taken by any affected person <br />upon compliance with any reasonable <br />conditions imposed by the zoning ordi- <br />nance. The board of appeals and adjust- <br />ments has the following powers with re-. <br />spect to the zoning ordinance: <br />(1) To hear and decide appeals <br />where it is alleged that there is an error <br />in any order, requirement, decision, or <br />determination made by an administrative <br />officer in the enforcement of the zoning <br />ordinance. <br />(2) To hear requests for variances <br />from the literal provisions of the ordi- <br />nances in instances where their strict en- <br />forcement would cause undite hardship <br />because of circumstances unique to the <br />individual property under consideration, <br />