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PCAgenda_05Jun28
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PCAgenda_05Jun28
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hardship for any owner if the strict letter of the Chapter is carried out because it renders the <br />• property literally unusable for any permitted or conditional use defined for a B-1 parcel. <br />h. Whether the variance is sought principally to increase financial gain to the owner of the <br />property, and to determine whether a substantial hardship to the owner would result <br />from a denial of the variance. <br />Staff finds these variances are not sought principally to increase financial gain to the owner of <br />the property other than the ordinary gain from the running of a viable legal business. Staff finds <br />that substantial hardship would be imposed by denial of the variances on lot coverage and <br />parking. If the lot coverage requirement were enforced, a much greater variance on parking <br />would be needed and the overflow parking and traffic would spill into the neighborhood. The lot <br />is too small to accommodate all the required parking for this use, even if all landscaping were to <br />be eliminated. Either alternative would impose substantial hardship on the owner. Substantial <br />hardship would also be imposed by requiring an owner to set up business in the existing building <br />as this building is too small to accommodate this legal use, and parts of it do not meet the <br />requirements of the State building code. <br />i. Whether the conditions which give rise to the application for the variance arose after the <br />adoption of this Chapter of the Code of the City of Falcon Heights or any amendment <br />thereto which placed the tract in a zoning district different from what it was under the <br />Chapter. In the consideration of this item, the City shall make diligent inquiry as to all <br />changes in the property and shall refuse to grant the variance if the problem is one that can <br />• be solved through a proper application of a conditional use permit or an amendment of the <br />Zoning code. Financial hardship shall not be a basis for the granting of a variance when <br />the owner purchased the property in reliance on a promise that a variance would be <br />granted, and the City shall dismiss the appeal if it shall appear that the property was <br />purchased on such reliance. <br />Not applicable. <br />Comments from Residents: A public meeting was held on June 23 to give information about <br />the proposed new business at 1871 Larpenteur. Notes from that meeting are attached to this <br />report. The resident of 1708 Lindig, the adjacent property on the north, submitted a written <br />statement, which is also attached. <br />Staff Recommendation: <br />Staff recommends approval of the first three variances for the following reasons: <br />• They formalize existing conditions on the site. <br />Staff recommends approval of the remaining four variances for the following reasons: <br />• <br />Staff Report: 1871 Larpenteur Variances June 28, 2005 Page 4 of 5 <br />
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