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PCAgenda_90Jul23
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PCAgenda_90Jul23
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• M <br />• <br />' PLANNING AND DEVELOPI~4T5.03~ 3 . <br />Subdivision ~F. Standards for Granting of Yarn ante. •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 will not substanti311y <br />diminish or impair property values or improvements in the area; <br />`'~' That the granting of the variance is necessary for the <br />eservation 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 />,~ <br />e. That the variance will not impair the orderly use of the public <br />streets; <br />i• <br /> <br />f. That the variance will not increase the danger of fire or <br />endanger the public safety; <br />ig. ~Nhether the shape, topographical condition or other similar <br />aracteristie 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. iThether 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 wauld result 1~om a denial of the. <br />variance; <br />i. iThether 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 zoning district different Prom 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 application of a eonditional•use permit-or an <br />amendment of the Zoniag•code.••Finaacial hardship shall not be a <br />basis for the granting of a-iariance 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 City may attach such conditions to <br />the gra.~t of the variance as it shall-determine will be necessary or <br />desirable to bring it within the purpose sad intent of the Chapter. A <br />public record shall be maintained of such conditions. - <br />
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