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<br />. <br /> <br />. <br /> <br />II <br /> <br />t?JI'JO <br /> <br />B. <br /> <br />Other Zoning Ordinance Requirements. <br /> <br />1. The variance shall not impair the health, safety, comfort and general welfare of <br />the public; <br />2. The variance shall not be contrary to the intent and purpose of the Comprehensive <br />Plan, Official Map or any ordinances of the City; <br />3. Variances shall not allow a use in a district that is not otherwise allowed; and <br />4. The Council may impose conditions in the granting of variances to insure <br />compliance and protect adjacent properties. <br /> <br />C. Other criteria or conditions often associated with variances. <br /> <br />1. <br /> <br />Previous eases of a similar nature which have been reviewed by the City, whether <br />the action taken was for approval or denial; <br />The variance should not be greater than necessary to accomplish the landowner's <br />objective; <br />Existence of alternative locations, development concepts or space requirements <br />which require consideration; <br />The variance would allow a condition that is consistent with the surrounding <br />development (Was an area developed under standards different than current <br />regulations would allow or in an era that had different requirements). The State <br />Statutes state in Chapter 462.357, Subpart 6, (2), the variance, if granted, will not <br />alter the essential character of the locality (neighborhood); <br />Conforming to the literal provisions would result in an "undue hardship" such that <br />the property could not be put to a "reasonable" use and "...economic <br />considerations alone shall not constitute an undue hardship"; <br />The variance would improve an existing non-conforming condition and ordinance <br />compliance without major demolition and reconstruction would be impossible; <br />and <br />The variance will not impair an adequate supply of light and air to adjacent <br />property, or substantially increase the congestion of the public streets, or increase <br />the danger of fire, or endanger the public safety, or substantially diminish or <br />impair property values within the neighborhood. <br /> <br />2. <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />7. <br /> <br />Action to approve or deny a request for a variance should contain specific reference to <br />any of the above requirements or criteria that apply. <br /> <br />D. Requested Variances (see Exhibit A, pages 9, 10, and 11 of 47). <br /> <br />1. Minimum office component requirement within each office/warehouse building <br />reduced from 25 percent to 10 percent. <br /> <br />2. <br /> <br />Minimum landscape area requirement for the Phase II development reduced from <br />35 percent to 25.3 percent (Exhibit I). <br />