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CCAgenda_93Jan27
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CCAgenda_93Jan27
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11/8/2010 10:47:23 AM
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►7S �OtZ Tl u ,A VF�di A G <br /> Subdivision 4. Standards for Granting of Variance. No <br /> 1z5 33 variance shall be granted unless the City Council shall <br /> make without qualification on the basis of evidence <br /> presented at the meeting the following findings: <br /> a. That the granting of the variance will not be <br /> detrimental to the public welfare; <br /> b. That the granting of the variance will not <br /> substantially diminish or impair property values or <br /> improvements in the area; <br /> c. That the granting of the variance is necessary for <br /> the preservation and enjoyment of substantial property <br /> rights; <br /> d. That the variance will not impair an adequate <br /> supply of light and air to adjacent property; <br /> e. That the variance will not impair the orderly use <br /> of the public streets; <br /> f. That the variance will not increase the danger of <br /> fire or endanger the public safety; <br /> g. Whether the shape, topographical condition or other <br /> similar characteristic of the tract is such as to <br /> distinguish it substantially from all of the other <br /> properties in the zoning district of which it is a <br /> part, or whether a particular hardship, as <br /> distinguished from mere inconvenience to the owner, <br /> would result if the strict letter of the Chapter were <br /> carried out; <br /> h. Whether the variance is sought principally to <br /> increase financial gain to the owner of the property, <br /> and to determine whether a substantial hardship to the <br /> owner would result from a denial of the variance; <br /> i. Whether the conditions which give rise to the <br /> application for the variance arose after the adoption <br /> of this Chapter of the Code of the City of Falcon <br /> Heights or any amendment thereto which placed the tract <br /> in a zoning district different from what it was under <br /> the Chapter. In the consideration of this item, the <br /> City shall make diligent inquiry as to all changes in <br /> the property and shall refuse to grant the variance if <br /> the problem is one that can be solved through a proper <br /> application of a conditional use permit or an amendment <br /> of the Zoning code. Financial hardship shall not be a <br /> basis for the granting of a variance when the owner <br /> purchased the property in reliance on a promise that a <br /> variance would be granted, and the City shall dismiss <br /> the appeal if it shall appear that the property was <br /> purchased on such reliance. <br />
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