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• POLICY H3 12/8/04 Consideration of a request for a variance at 2135 Hoyt Avenue West (continued) h. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance. Staff finds that no material or financial gain will occur in the granting of this variance. Staff finds that some hardship to the owner would result from a denial, in that the residents will continue to be unable to take optimum advantage of their location on the commons. Whether that hardship is substantial is a subjective judgment; Staff defers to the Planning Commission on that judgment. i. Whether the conditions which give rise to the application for the variance arose after the adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the Chapter. In the consideration of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that • can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. Not applicable. Staff Recommendation: Staff has no recommendation on this case and defers to the findings of the Planning Commission. At their regular November meeting, the Planning Commission recommended approval of this variance unanimously. Factors supporting granting of the variance • The impact of the addition on the surrounding properties and the common area would be minimal. • Setback requirements are designed to protect the character of neighborhoods by maintaining open spaces between structures. The commons parcel provides additional open space along the back of this property, in effect, visually extending the setback by over 20 feet. r~ U 38