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• Staff finds that the granting of this variance will not be detrimental to the public interest. <br />b. That the granting of the variance will not substantially diminish or impair <br />property values or improvements in the area. <br />Staff finds that the granting of this variance will not substantially diminish or impair <br />property values. Staff finds further that the granting of this variance will enhance the value <br />of this property and therefore of the values in the area. <br />c. That the granting of the variance is necessary for the preservation and enjoyment <br />of substantial property rights. <br />Staff finds that the granting of this variance, while not absolutely necessary for the <br />preservation and enjoyment of substantial property rights, is necessary for the enjoyment <br />of the outdoor amenity of the commons area and is a reasonable request. <br />d. That the variance will not impair an adequate supply of light and air to adjacent <br />property. <br />Staff finds that the variance will not impair an adequate supply of light and air to adjacent <br />• properties. <br />e. That the variance will not impair the orderly use of the public streets; <br />Staff finds that the variance will not impair the orderly use of the public streets. <br />f. That the variance will not increase the danger of fire or endanger the public safety; <br />Staff finds that the variance will not increase the danger of fire or endanger the public <br />safety. <br />g. Whether the shape, topographical condition or other similar characteristic of the <br />tract is such as to distinguish it substantially from all of the other properties in the <br />zoning district of which it is a part, or whether a particular hardship, as <br />distinguished from mere inconvenience to the owner, would result if the strict <br />letter of the Chapter were carried out. <br />The property, while not unique, belongs to a group of Falcon Heights homes that enjoy <br />access to a commons, or greenbelt, which provides a visual and spatial buffer between <br />homes over and above the buffer that a setback requirement is designed to provide. <br />Furthermore, homes adjacent to the commons are oriented so that the principle living areas <br />face the commons, not the street. <br />• As the owner states in his letter, there is a particular hardship in being unable to take <br />advantage of the amenity offered by the commons during the mosquito season. <br />Staff Report: Proposed Variance at 2135 Hoyt, November 23, 2004 Page 2 of 4 <br />