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PCAgenda_92Apr27
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PCAgenda_92Apr27
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B. <br />q- ~~. 03 <br />Subdivision ~{. Standards for Granting of Variance. No variance shall <br />be granted unless the City Council shall make without qualification on <br />the basis of evidence presented at•the meeting the following findings: <br />a. That the granting of the variance will not be detrimental to the <br />pub lie welfare; <br />b. That the granting of the variance will not substantially <br />diminish or impair property values or improvements in the 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 light <br />and air to adjacent property; <br />e. That the variance will not impair the orderly use of the public <br />streets; <br />f. That the variance will not increase the danger of fire or ,.U3 <br />endanger the public safety; <br />.;gig. Whether the shape, topographical condition or other similar <br />characteristic of the tract is such as to distinguish it <br />substantially from all of the other properties in the zoning <br />district of which it is a part, or whether a particular hardship, as <br />distinguished Prom mere inconvenience to the owner, would result if <br />• the strict letter of the Chapter were carried out; <br />kh. Whether the variance is sought principally to increase financial <br />gain to the owner of the property,-and to determine Whether a <br />substantial hardship to the owner would result from a denial of the <br />variance; <br />i. Whether the conditions which give rise to the application for <br />the variance arose after the adoption of this Chapter of the Code of <br />the City of Falcon Heights or any amendment thereto which placed the <br />tract in a coning district different from what it was under the <br />Chapter. In the consideration of this item, the City shall make <br />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 <br />through a proper applioation of a conditional use permit or an <br />amendment of the Zoning code. Financial hardship shall not be a <br />basis for the granting of a variance whey the owner purchased the <br />property in reliance on a promise that a variance would be granted, <br />and the City shall dismiss the appeal if it shall appear that the <br />property was purchased on such reliance. <br />Subdivision 5. Conditions. The City may attach such conditions to <br />the grant of the variance as it shall determine will be necessary or <br />desirable to bring it within the purpose and intent of the Chapter. A <br />public record shall be maintained of such conditions. <br />• <br />
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