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2000_0327_packet
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Roseville City Council
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LARKIN, HOFFMAN, DALY & LINDGREN � LTn . <br />Mr. Thomas Paschke <br />February 7, 2000 <br />Page 10 <br />show that City Council approval of the variances would be reasonable and would be consistent with the <br />spirit and intent of the Zoning Ordinance. Neighborhood opposition or neighborhood petitions are not <br />sufficient to show that the proposal is not in keeping with the spirit of the Comprehensive Plan or Zoning <br />Ordinance or inconsistent with public health, safety and welfare. <br />Economic Considerations <br />The mere fact that the Har Mar property would benefit financially from granting the variances is not a <br />sufficient reason for denial. The statute states that "[e)conomic considerations alone shall not constitute <br />an undue hardship. .." Minn. Stat. $462.357, subd. 6(2) (Emphasis added). Minnesota courts have <br />upheld granting of a variance where increased revenues likely played a role in the city council's decision, <br />but where the city council also considered other factors in support of its decision. As described <br />throughout this letter, there are a number of other considerations which collectively amount to practical <br />difficulties and undue hardship sufficient to warrant a City Council fmding that issuance of a variance is <br />reasonable. <br />Sincerely, <br />�`� C��`" <br />Linda H. Fisher, for <br />LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. <br />cc: Steven Sarkozy, City Manager <br />Dermis Welsch, Community Development Director <br />Joel Jamnik, City Attorney <br />Tim Prinsen, Bradley Real Estate <br />Dick Heuer, Bradley Real Estate <br />Bob Shadduck, Jerry's <br />Lloyd Johnson, SuperValu <br />Greg Kopischke, Westwood Professional Servic,;s <br />Craig Mevissen, Planmark <br />0554922 nl <br />
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