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SAL.1 TERf1At1 t SIEFFgt2hfAK <br />PAGE.004 <br />6123°2408 P.03 <br />Peter 8. Bachman, Esq. l'ttge 2 <br />.~ January 19, 1993 <br />i• <br />ji') Z'hi~t the variance will rot increase the de~s1g8r df fire or <br />endanger tAe public s~a£ety because it is located in <br />aubatantially the same location as the previous two--car <br />garx~ge; <br />{q) That t! part3.cular hardship mould result to the owner if a <br />variance were riot granttd and the strict letter of the <br />ardxnance carried out, since th* owner acted in reliance on <br />the ability to cons't.xuet the structure in dezaolishing the <br />previous garage and constructing the substantially com~sletsd <br />fourycar garage after the City of Falcon Heights had granted <br />building permits allowing construction; <br />(h) The variance is not sought principal3:y for the financial gain <br />of the Qwner, but to prevent a substantial. hardship incurred <br />by the owner in reliance vr~ the City's actions; and <br />ji) The problem for which a varianoe is Bought caru~at be ~vlved <br />through a condjtibnal use permit or amendment of the zoning <br />cede. The or~mer did mat purchase the property in ralianca~ on <br />a proseise that a variance would be granted, but would suffer <br />a substantial, financial hardship fvr expenditures ~rhich are <br />unigxie to the project and not otherwise useable. <br />~n addition' to the sr~yaer case, I also bt].ieve the ~*eguitable <br />~estoppe3." Line of cases. see ate a City q~ £den Pram a v. <br />T.idr ~, 4.03 N.W.2d 25Z (Minn. Xpp. 1987) have some appliCabi.lity to <br />this situation. <br />nori~Cgnformi~q. <br />I note that in your !?ecea~ber 9, 399 3~etter, you fnd~.cate that it <br />is our position that if optfolt 3 ar 4 as outlined in the Letter atte <br />~Oe~'t., ~a bel.fev~ the city Mould be liable for damages for which <br />thi City fs liable if option 1 were Chosen. The value of the <br />Psepexty almost caz~tainly deGliae if the garage were classified as <br />Please contact me with your thtrughts on the proposed find#.ngs. <br />very tru,3y s, <br />~1. <br />,• f <br />~au3, W_ F Wing <br />Attors~ay at LaW <br />.] <br />PWF/sob <br />cc: Tom Sraee (via facsi~aile transmission) <br /> <br />JRN 19 '33 13=21 <br />6123452908 PACE. <br />