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MERRIAM PARK COMMUNITY COUNCIL, INC. v. McDONOUGH Minn. 419 <br />taheCite as 210 ti.W.2d 416 <br />d to grant such variances only when it that the Council shall expressly find that <br />demonstrated that such actions will be the anticipated demand for off-street <br />keeping with the spirit and intent of parking space in any particular case is <br />ordinance. The board of appeals not greater than the amount of parking <br />and adjustments or the governing body space provided as a result of the relaxa- <br />as the case may be, may not permit as a tion of said Schedule <br />variance any use that is not permitted <br />under the ordinance for property in the <br />zone where the affected person's land is <br />located. The board or governing body <br />as the case may be may impose condi- <br />tions in the granting of variances to in- <br />sure compliance and to protect adjacent <br />properties." (Italics supplied.) <br />St. Paul Legislative Code, § 64.03, provides <br />in relevant part: <br />11* * * The Council * * * may <br />in a specific case, by resolution passed <br />by a majority vote, after considering the <br />recommendation of the [Zoning] Board <br />and after such hearing, determine and <br />vary the application of the provisions of <br />he Zoning Code in harmony with the <br />eneral intent and purpose of the same <br />s follows: <br />i. Vary any provision of the Zoning <br />Code in harmony with its general pur- <br />pose and intent, where there are practi- <br />cal difficulties or peculiar hardships in <br />the way of carrying out the strict letter <br />of the provisions of this section, so that . <br />the public health, safety, and general <br />welfare may be secured and substantial <br />justice done * * *- <br />t. Relax or vary the provisions <br />* * * pertaining to Schedule of Off- <br />street Parking Requirements, upon sub- <br />mission of proof that the strict applica- <br />tion of said Schedule * * * would <br />work an unreasonable hardship in any <br />particular case; provided further that <br />the Council shall expressly find in each <br />such case that such relief shall be con- <br />sistent with the public health and general <br />welfare and in accordance with the pur- <br />poses of said schedule of off-street park- <br />ing requirements and provided further <br />[1] With respect to decisions of munic- <br />ipal and other governmental bodies having <br />the duty of making decisions involving <br />judgment and discretion, this court has re- <br />peatedly said that it is not the province of <br />the trial court to substitute its judgment <br />for that of the body making the decision, <br />but merely to determine whether that body <br />was within its jurisdiction, was not mistak- <br />en as to the applicable law, and did not act <br />arbitrarily, oppressively, or unreasonably, <br />and to determine whether the evidence <br />could reasonably support or justify the de- <br />termination. Village of Edina v. Joseph, <br />264 Minn. 84, 119 N.W.2d 809 (1962). <br />On appeal, findings of fact by a trial court <br />sitting without a jury will not be set aside <br />unless clearly erroneous. Rule 52.01, Rules <br />of Civil Procedure. <br />After making findings as hereinbefore <br />summarized, the court below upheld the <br />city council's action in granting the vari- <br />ances requested by defendant. The court <br />concluded that the council did not act arbi- <br />trarily, oppressively, or unreasonably and <br />that the evidence reasonably supported and <br />justified its determination. <br />[2] Plaintiffs contend that the words <br />of Minn.St. 462.357, subd. 6, require that <br />the undue hardship must arise from cir- <br />cumstances unique to the property itself— <br />not the owner, surrounding neighborhood, <br />economic feasibility, or like elements. <br />They argue that the "unique circum- <br />stances" must be characteristic of the <br />building site or the buildings thereon and <br />that the property must be different from <br />all others, i.e., having no like or equal. If <br />this line of reasoning is followed, the <br />granting of any variance, no matter how <br />minimal, would be practically impossible <br />except where the topographic conditions of <br />a specific parcel of land would render the <br />s sx, <br />