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• POLICY H3 <br />12/8/04 <br />Consideration of a request for a variance at 2135 Hoyt Avenue West (continued) <br />Staff finds that the granting of this variance will not substantially diminish or impair property values. Staff <br />finds further that the granting of this variance will enhance the value of this property and therefore of the values <br />in the area. <br />c. That the granting of the variance is necessary for the preservation and enjoyment of substantial <br />property rights. <br />Staff finds that the granting of this variance, while not absolutely necessary for the preservation and enjoyment <br />of substantial property rights, is necessary for the enjoyment of the outdoor amenity of the commons area and is <br />a reasonable request. <br />d. That the variance will not impair an adequate supply of light and air to adjacent property. <br />Staff finds that the variance will not impair an adequate supply of light and air to adjacent properties. <br />e. That the variance will not impair the orderly use of the public streets; <br />Staff finds that the variance will not impair the orderly use of the public streets. <br />f. That the variance will not increase the danger of fire or endanger the public safety; <br />Staff finds that the variance will not increase the danger of fire or endanger the public safety. <br />g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to <br />distinguish it substantially from all of the other properties in the zoning district of which it is a part, <br />or whether a particular hardship, as distinguished from mere inconvenience to the owner, would <br />result if the strict letter of the Chapter were carried out. <br />The property, while not unique, belongs to a group of Falcon Heights homes that enjoy access to a commons, or <br />greenbelt, which provides a visual and spatial buffer between homes over and above the buffer that a setback <br />requirement is designed to provide. Furthermore, homes adjacent to the commons are oriented so that the <br />principle living areas face the commons, not the street. <br />As the owner states in his letter, there is a particular hardship in being unable to take advantage of the amenity <br />offered by the commons during the mosquito season. <br />• <br />3'1 <br />