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PCAgenda_92Sep28
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PCAgenda_92Sep28
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1-C <br />subdivision 4. Standards for Granting of Variance. No <br />variance shall be granted unless the city council shall make <br />without qualification on the basis of evidence presented at <br />the meeting the following findings: <br />a. That the granting of the variance will not be <br />detrimental to thee-public welfare; <br />b. That the granting of the variance will not substantially <br />diminish or impair property values or improvements in the <br />area; <br />c. That the granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights; <br />d. That the variance will not impair an adequate supply of <br />light and air to adjacent property; <br />e. That the variance will not impair the orderly use of the <br />public streets; <br />f. That the variance will not increase the danger of fire <br />or endanger the public safety; <br />g. Whether the shape, topographical condition or other <br />similar characteristic of the tract is such as to <br />distinguish it substantially from all of the other <br />properties in the zoning district of which it is a part, or <br />whether a particular hardship, as distinguished from mere <br />inconvenience to the owner, would result if the strict <br />letter of the chapter were carried out; <br />h. Whether the variance is sought principally to increase <br />financial gain to the owner of the property, and to <br />determine whether a substantial hardship to the owner would <br />result from a denial of the variance; <br />i. Whether the conditions which give rise to the <br />application for the variance arose after the adoption of <br />this chapter of the code of the City of Falcon Heights or <br />any amendment thereto which placed the tract in a zoning <br />district different from what it was under the chapter. In <br />the consideration of this item, the city shall make diligent <br />inquiry as to all changes in the property and shall refuse <br />to grant the variance if the problem is one that can be <br />solved through a proper application of a conditional use <br />permit or an amendment of the zoning code. Financial <br />hardship shall not be a basis for the granting of a variance <br />when the owner purchased the property in reliance on a <br />promise that a variance would be granted, and the city shall <br />dismiss the appeal if it shall appear that the property was <br />purchased on such reliance. <br />Subdivision 5. Conditions. The city may attach such <br />conditions to the grant of the variance as it shall <br />determine will be necessary or desirable to bring it within <br />the purpose and intent of the chapter. A public record <br />shall be maintained of such conditions. <br />
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