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•04 2993 March 15. 2004 Page 6 of 7 further from the lake than before, which in turn made the applicant’s home non- conforming and thus creating a hardship. The Plaitning Commission should discuss the impacts of changing the envelope of the structure at this comer and whether viewfs arc obstructed. Staff would make the following recommendations in regards to the criteria for * ^Juc hardship” peninent to this application: 1. "The property m question cannot be put to a reasonable use if used under conditions allowed by the ofTicial controls.* The property is currently non-conforming \uth respect to side setback, hardcover and average lakeshore setback Any changes, whether the non-conformities increase or not. requires variance approvals Therefore, the official controls make it virtunlly impossible far the property onner to improve his home 2. *The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The applicant hasn t created any of the non-conformitics on the property. The property developed pre-current Zoning Ordinance and the applicant complies ss ith all the variance approvals granted in 1992 3. ‘The variance, if granted, will not alter the essential ch^acter of the locality.* The essential character of this neighborhood is narrow lots with tall. 2 and Vi story homes The applicant's property is actually double the width of his neighbor's and will only be 2 storks rather than 2 and '/; thus not creating an “out of the ordinary " circumstance 4. ‘Ecoi'.imic considerations alone shall not constitute an undue hardship if rcas . Jiblc use for the property exists under the terms of the Zoning Chapter.* Sot applicable 5. 'Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1 16J.06, Subd. 2, when in harmony with this Chapter * Sot appiica'nle 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 m the zone where the affected person's land is located * The improvements proposed are allowed uses under the zoning requirements of the property 7. "The Board or Council may permit as a variance the temporary use of a one-family dwielling as a two-family dwelling.* ,\'ot applicable