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setback. There is a commons area approximately forty fee wide abutting the rear yard. The commons <br />i area is jointly owned, used and maintained as open space by the residents of the block. <br />5. Section 9-15.03 Subd. 4 of Falcon Height's Zoning Ordinance directs that the City to <br />make the following findings when considering a request for a variance: <br />a) That the granting of the variance will not be detrimental to the public <br />welfare. <br />The Planning Commission finds that granting of this <br />variance will not be detrimental to the public welfare. The impact of the <br />addition on the surrounding properties and the common area would be <br />minimal. Setback requirements are designed to protect the character of <br />neighborhoods by maintaining open spaces between structures. The <br />commons parcel provides additional open space along the back of this <br />property, in effect, extending the setback visually by over 20 feet. <br />b) That the granting of the variance will not substantially diminish or <br />impair property values or improvements in the area. <br />The Planning Commission finds that the granting of this <br />• variance will not substantially diminish or impair property <br />values, but will enhance the value of this property and the surrounding <br />area, and allow present and future residents greater opportunity to enjoy <br />a significant outdoor amenity. <br />c) That the granting of the variance is necessary for the preservation <br />and enjoyment of substantial property rights. <br />The Planning Commission finds that the granting of this variance, while not <br />absolutely necessary for the preservation and. enjoyment of substantial property <br />rights, is necessary for the enjoyment of the outdoor amenity of the commons area <br />and is a reasonable request. <br />d) That the variance will not impair an adequate supply of light and <br />air to adjacent property. <br />The Planning Commission finds that the variance will not impair <br />an adequate supply of light and air to the adjacent properties. <br />e) That the variance will not impair the orderly use of the public streets. <br />The Planning Commission finds that the variance will <br />• not impair the orderly use of the public streets. <br />so <br />