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PCAgenda_90Oct22
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PCAgenda_90Oct22
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~' ~ - ~ PLANhTING AND DEQELOPI~NT 9-15.03 <br />• <br />Subdivision ~}. Standards for Granting of Var;:ance. -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 />public welfare; <br />b. That the granting of the variance kill 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 <br />endanger the public safety; <br />kig. -iThether 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 from mere inconvenience to the owner, would result if <br />.the strict letter of the Chapter were carried out; <br />. ~. Ti~hether 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. jihether the oonditions 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 zoning district different from what it Bras tinder the <br />Chapter. In the consideration of this item,-the City shall make - <br />diligent inquiry as~to all changes in the property end shall refuse <br />to~grant-the-variance if the problem is one that can be solved <br />through a proper application of a-conditional use permit-or as <br />amendment of the Zoning code.-~-Financial hardship shall-not be a <br />basis for the granting of a-~r-arianee when 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 Citp 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 />
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