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PCAgenda_90Aug27
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PCAgenda_90Aug27
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<br />I _ PLANNING AND DEVELOPMENT 9-.15.03 <br />~rj'p3 STANDARDS FOR GRANTING A VARIANCE <br />Subdivision ~. Standards for Granting of Vary 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 />j/ That the granting of the variance will not be detrimental to the <br />public 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 />That the variance will not impair an adequate supply of Lght ~. <br />and air to adjacent property; <br />That the variance will not impair the orderly use of the public <br />s reefs; <br />~~/. That the variance will not increase the danger of fire or <br />endanger the public safety; ~ • <br />kig. ~Tdhether 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 />kh. Tiihether 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~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 $eights 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~it the problem is one that can be solved <br />through a proper application of a~eonditional use permit-or an <br />amendment of the Zoning.~code.•~•Finaacial hardship shall not be a <br />basis for the granting of a~variaace when the owner purchased the <br />property in reliance ou a promise that a variance would be granted, _ <br />and the City shall dismiss the appeal if it shall appear that the <br />property way pu~•chased 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 />pub].ie record shall be maintained of such conditions. <br />
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