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#04-2970' January 20,2003 ' Page 6 of 7 - created by the landowner." Without the landoti�•ner doing anything to his properh�, hardships are inherent due to the house being constructed in 19�0, the new construction of the house to the south, and the letiel of ezisting hardcover. 3. "The variance, if granted, will not alter the essential character of the locality." Should the variances be granted the essential character of the locality would not be affected. If anl�thing, the applicant's properry has the least visual effects from the lake than man}�of the homes along Bay Ridge Road. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energ�- systems. Variances shall be oranted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." All the uses proposed are uses allowed by Chapter i8 of the Ciry Code. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwellinQ as a two-family dwelling." Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The special conditions arise due to the age of the existing structure and the new construction of the home to the south. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." It is of staff's opinion that his criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial propert�- right of the applicant." The proposed variances are required should the applicant want to pursue any improvements to the home beyond an interior remodel, regardless if the footprint is changed. 11. "The granting of the proposed variance will not in an�� ti-ay impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning