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3. <br />4. <br />5. <br />6. <br />7. <br />8 <br />9. <br />II. <br />MM-2970 <br />January 20,200J <br />Page Oof 7 <br />created by the landowner.' <br />Without the landow ner doing anything to his property, hardships are inherent due <br />to the house being constructed in 1950, the new construction of the house to the <br />south, and the level of existing hardcover. <br />“The variance, if granted, will not alter the essential character of the locality.” <br />Should the variances be granted the essential character of the locality would not <br />be affected. If anything, the applicant s property has the least visual effects from <br />the lake than many of the homes along Bay Ridge Road <br />"Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of the Zoning Chapter.” <br />Not applicable <br />"Undue hardship also includes, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in <br />harmony with this Chapter.* <br />Not applicable <br />"The Board of Appeals and .Adjustments or the Council may not permit as a <br />variance any use that is not permitted under this Chapter for property in the zone <br />where the affected person's land is located.” <br />All the uses proposed are uses allowed by Chapter 78 of the City Code. <br />"The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling.” <br />Not applicable <br />"The special conditions applying to the sUucture or land in question are peculiar <br />to such property or immediately adjoining property.” <br />The special conditions arise due to the age of the existing structure and the new <br />construction of the home to the south <br />"The conditions do not apply generally to other land or structures in the district in <br />which said land is located.* <br />It is of staffs opinion that his criterion is met. <br />“The granting of the application is necessary for the preserv ation and enjoyment <br />of a substantial property right of the applicant." <br />The proposed variances are required should the applicant want to pursue any <br />improvements to the home beyond an interior remodel, regardless if the footprint <br />is changed. <br />“The granting of the proposed variance will not in any w ay impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning <br />1 <br />I -i <br />iJ <br />J <br />B <br />IK