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'1!,. ., ,. instances where strict enforcement would cause an undue hardship because of unique circumstances and when it is demonstrated that such a variance would be consistent with the spirit and intent of the ordinance. The unique circumstance in this case is that widening of Old Highway 8 and the creation of a separate lot behind the subject parcel, made said site too small to accommodate the parking setbacks, parking aisle widths, and total number of parking stalls required by code. 6. The applicant is currently involved in litigation with the City and other parties in the case of Robert Kallestad v. Larry L. Peterson, et aI., Ramsey County District Court File No. CQ-96-6374. Under the terms of a proposed settlement agreement to resolve such litigation, parking problems associated with the subject property would be substantially resolved. 7. Given the conditions hereinafter set forth, the requested variances would not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED, that the application for an aisle width variance is denied and the application of VN-314 for a front yard variance is granted to 20 feet subject to the following conditions: I. Applicant shall apply to the City for a building permit for the construction of the above described three parking stalls within 12 months after the date of this resolution and shall complete the construction thereof within 90 days after issuance of the building permit by the City. This variance shall lapse and cease to be of further force and effect on the date ten years from the date of issuance of such building permit by the City and the property owner shall be required to remove the three parking stalls and restore the berm to its original width and condition existing as of the date of this resolution. 2. The basement and first floor of the building on the subject property may only be used for warehouse and manufacturing purposes or for the continued or expanded use for other purposes by existing tenants. 3. This variance is conditioned on approval by the City Council and execution by all parties in the above referenced litigation of a settlement agreement resolving all issues raised in said action. CLL129140 NE136-134