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• h. Whether the variance is sought principally to increase financial gain to the owner <br />of the property, and to determine whether a substantial hardship to the owner <br />would result from a denial of the variance. <br />Staff finds that no material or financial gain will occur in the granting of this variance. <br />Staff finds that some hardship to the owner would result from a denial, in that the residents <br />will continue to be unable to take optimum advantage of their location on the commons. <br />Whether that hardship is substantial is a subjective judgment; Staff defers to the Planning <br />Commission on that judgment. <br />i. Whether the conditions which give rise to the application for the variance arose <br />after the adoption of this Chapter of the Code of the City of Falcon Heights or any <br />amendment thereto which placed the tract in a zoning district different from what it <br />was under the Chapter. In the consideration of this item, the City shall make diligent <br />inquiry as to all changes in the property and shall refuse to grant the variance if the <br />problem is one that can be solved through a proper application of a conditional use <br />permit or an amendment of the Zoning code. Financial hardship shall not be a basis <br />for the granting of a variance when the owner purchased the property in reliance on <br />a promise that a variance would be granted, and the City shall dismiss the appeal if it <br />shall appear that the property was purchased on such reliance. <br />• Not applicable. <br />Staff Recommendation: <br />Staff has no recommendation on this case and will defer to the findings of the Planning <br />Commission. <br />Factors supporting granting of the variance <br />• The impact of the addition on the surrounding properties and the common area would <br />be minimal. <br />• Setback requirements are designed to protect the character of neighborhoods by <br />maintaining open spaces between structures. The commons parcel provides additional <br />open space along the back of this property, in effect, visually extending the setback by <br />over 20 feet. <br />• The proposed porch would enhance the value of the property and allow present and <br />future residents greater opportunity to enjoy a significant outdoor amenity. <br />Factors supporting denial of the variance <br />• Hardship imposed by denial of the variance may not be substantial enough to meet the <br />standard established in Falcon Heights code. <br />Staff Report: Proposed Variance at 2135 Hoyt, November 23, 2004 Page 3 of 4 <br />