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PCAgenda_95Dec11
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PCAgenda_95Dec11
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DSU, INC. C~]009t010 <br />• Planning Report ? 59s 1Vorthrapf3chiffman-Kloser 1218f95 5 <br />• <br />e. That the variance will not impair the orderly use of the public streets; <br />The variance request poses na direct impact on the use of the street by Vehicles or <br />pedestrians firom an operations or safety standpoint. kt would impact somewhat the <br />enjoyment of the public, street frontage created by normal front setbacks. <br />f. That the variance will not increase the danger of fire or endanger public <br />safety; <br />There are na fre or safety issues evolved in the variance request_ <br />g. Whether the shape, topographical condition or other similar <br />characteristic of the tract is such as tt> distinguish it substantially from all of the <br />other properties in the zoning district o! which it is a part, or whether a particular <br />hardship, as distinguished from mere incomrenience to the owner, would result if <br />the strict letter t>f the chapter were carried out; <br />The property in question is not substantially different from other Tots in the Qld Grove <br />neighborhood or other parts of Falcon Heights. In fact, it is larger in both dimensions <br />than many surrounding lots and other lots in the R-1 District, There are no signi~Fcant <br />• characteristics which create a hardship for the owner in meeting the zoning standards_ <br />h. Whether the variance is sought priincipatly to increase financial gain to <br />'dte owner of the property, and to determine whether a substantial hardship to the <br />owner would result from a denial of the variance; <br />I do not believe the variance request would result in financial gain far the applicant, in <br />fact at least one of the other design solutions would probably be less costly than the <br />applican#s' plan. As noted previously, I also da not believe a substantial hardship exists <br />in attempting to construct atwo-car garage an the site_ <br />i. Whether the conditions which give rise to the application firer the <br />variance arose after the adoption of this chapter of the code of the City of Falcon <br />Heights or any amendment there#o which placed the tract in a zoning district <br />different from what it was under the chapter. In the consideration of this item, the <br />city shall make diligent inquiry as to all changes in the property and shall refuse <br />to grant the variance if the problem is one that can be solved through a proper <br />application of a conditional use permit or an amendment of the zoning code. <br />Financial hardship shall not be the balls for the granting of a variance when the <br />owner purchased the properly in reliance an a promise #hat a variance would be <br />granted, and the city shall dismiss the appeal if it shall appear that the property <br />was purchased on such reliance. <br />
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