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POLICY H2 <br />• 10/12/05 <br />g. Whether the shape, topographical condition or other similar characteristic of the tract <br />is such as to distinguish it substantially from all of the other properties in the zoning <br />district of which it is a part, or whether a particular hardship, as distinguished from <br />mere inconvenience to the owner, would result if the strict letter of the Chapter were <br />carried out. <br />Staff finds that the characteristics of the property do not distinguish it substantially from other <br />B-1 properties in Falcon Heights. However, it should be noted that the number of B-1 properties <br />in the city is very small and each one has particular characteristics not shared by the others. <br />1372 Larpenteur's uniqueness lies in its .tie to the adjacent lot. Under the present circumstances <br />no entry can be legally built on the west side because the building is only 5 feet from the <br />property line, although there appears to be over 50 feet of available space. Furthermore, a west <br />entry would be impractical because the west side faces away from both the parking lot and the <br />two adjacent streets and an x-ray facility is located at that end of the building. Requiring the <br />owner to place the entry at the rear (north) would create a hardship in that it would face only the <br />parking lot and have the effect of the business "turning its back" on the street. <br />h. Whether the variance is sought principally to increase financial gain to the owner of the <br />property, and to determine whether a substantial hardship to the owner would result <br />from a denial of the variance. <br />Staff finds that the variance is not sought principally to increase financial gain to the owner. The <br />proposed entrance is a reasonable amenity for a successful neighborhood business. Denial of the <br />variance will require the owner to choose a plan that either turns away from the public or creates <br />inconvenience for customers. <br />i. Whether the conditions which give rise to the application for the variance arose after the <br />adoption of this Chapter of the Code of the City of Falcon Heights or any amendment <br />thereto which placed the tract in a zoning district different from what it was under the <br />Chapter. In the consideration of this item, the City shall make diligent inquiry as to all <br />changes in the property and shall refuse to grant the variance if the problem is one that can <br />be solved through a proper application of a conditional use permit or an amendment of the <br />Zoning code. Financial hardship shall not be a basis for the granting of a variance when <br />the owner purchased the property in reliance on a promise that a variance would be <br />granted, and the City shall dismiss the appeal if it shall appear that the property was <br />purchased on such reliance. <br />