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which it is a part, or whether a particular hardship, as distinguished from mere <br />inconvenience to the owner, would result if the strict letter of the Chapter were carried out. <br />Although this site shares vehicle access problems and other characteristics with other properties in <br />the B-3 district, it is distinguished substantially by the existence of the pre-existing shared parking <br />arrangement with the Falcon Crossing shopping center. Variances granted when the shopping center <br />was built are conditional on one of the three lots remaining in possession of the center and the <br />continuation of a shared parking agreement between the shopping center and the owner of the <br />remaining two lots (i.e. the restaurant). It would be difficult, if not impossible, for a viable restaurant <br />to provide for its own parking needs on Lots 3 and 4 alone if the strict letter of the Chapter regarding <br />lot coverage and all setbacks were to be carried out. <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 from <br />a denial of the variance. <br />Staff finds these variances are not sought principally to increase financial gain to the owner of the <br />property. Staff finds that substantial hardship would be imposed by denial of the variance on lot <br />coverage, in that the size of the lot would preclude the owner being unable to satisfy parking <br />requirements if the 25% landscaping requirement were enforced. The same disadvantage would <br />result from the denial of the variance on front setback. It should be noted the existing restaurant is at <br />least as much out of compliance as the proposed restaurant would be, and, in the matter of lot <br />coverage at least, the new restaurant represents some improvement. <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 thereto <br />which placed the tract in a zoning district different from what it was under the Chapter. In the <br />consideration of this item, the City shall make diligent inquiry as to all changes in the property <br />and shall refuse to grant the variance if the problem is one that can be solved through a proper <br />application of a conditional use permit or an amendment of the Zoning code. Financial <br />hardship shall not be a basis for the granting of a variance when the owner purchased the <br />property in reliance on a promise that a variance would be granted, and the City shall dismiss <br />the appeal if it shall appear that the property was purchased on such reliance. <br />Not applicable. <br />Comments From Residents: Although the City has received a number of comments from residents, <br />only one addressed the specific variances under consideration here. That resident characterized them <br />as minor. Resident comments on other issues are attached to a separate set of information documents <br />concerned with traffic and other issues not related to these variances. <br />• <br />Staff Report: Dino's Restaurant May 23, 2003 Page 3 of 4 <br />