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• f. That the variance(s) will not increase the danger of fire or endanger the public safety; Staff finds that the variances will not increase the danger of fire. Staff finds that the variances will not endanger public safety any more than the existing conditions. See findings a. and e. above. g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out. This property is distinguished from other properties in the area because of its large size and corner location. However, Staff finds that these distinguishing characteristics do not pose a hardship. These characteristics offer the owner alternatives to replacing his garage that are not available to owners of smaller properties without side street access. The property is also distinguished by its location immediately across the street from an elementary school. h. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance. • Staff finds these variances are not sought principally to increase financial gain to the owner of the property. Staff finds that no substantial hardship would result from denial of the variances because the owner could build the new garage farther from the house, set back sufficiently from the street so that (a) no setback variance would be needed and (b) a regulation width driveway could be built with a wider apron in front of the garage, making a driveway width variance unnecessary. The lot is almost 300 feet deep; all of the depth is accessible from Garden Avenue. Many choices are available to this owner which meet all provisions of the City Code and leave plenty of yard space for the enjoyment of the residents. i. Whether the conditions which give rise to the application for the variance arose after the adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the Chapter. In the consideration of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. Not applicable. • Staff Report: 1800 N. Albert Variances August 23, 2005 Page 3 of 4