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AGENDA ITEM F-2 <br />ATTACHMENT 6 <br /> <br />PLANNING AND DEVELOPMENT 9-.15.03 <br />C.'~ - ~rj, p'3 STANDARDS FOR GRANTING A VARIANCE <br />• <br />Subdivision ~. Standards for Granting of Yarn 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 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 ea~oyment of substantial property rights; <br />d. That the variance will not impair an adequate supply of Lght <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. ~iJhether the shape, topographical condition or other similar <br />. characteristic of the tract is such as to distinguish it - <br />substantially from aII 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. iihether the variance is sought principally to increase financial <br />.gain to the owner of the property,-and to determine whether a <br />aubstaatial hardship to the owner would result from a denial of the. <br />. variance; . <br />i. iihether 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 is 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 is 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-conditional use permit-or an <br />saendmeat oP the Zoning-code.-~•Finaacial hardship shall not be a <br />basis for xhe granting of a-variance when the o~rner 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 />