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____t' “ <br />#03-2909 <br />Juat 12,2003 <br />Page 6 <br />5. <br />6. <br />7. <br />8. <br />**Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth sheltered construction as defined <br />in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." <br />Not applicable. <br />"The Eoard of Appeals and Adjustments or the Council may not permit as a variance any use <br />that is not permitted under this Chapter for property in the zone where the affected person's <br />land is located." <br />Not applicable. <br />“The Board or Council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling." <br />Not Applicable <br />“The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." <br />All lakeshore lots in the LR-IB zone are subject to limitations on structure and hardcover <br />in the 0-75'zone. <br />9. “The conditions do not aj^ly generally to other land or structures in the district in which said <br />land is located." <br />The limits on structure and hardcover are applicable to all other lakeshore lots. <br />10. ‘The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." <br />At issue is whether removal of the structure from its foundation and temporary storage 50' <br />away constitutes loss of any nonconforming stucture status the boathouse previously <br />enjoyed... <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code." <br />Granting the variances will result in contuiuation ofa nonconforming structure in a location <br />where any new such structures would ncrmally be prohibited. <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty." <br />Planning Commission mitst determine whether a hardship has been demonstrated... <br />Imhcs for CoasideratioB <br />1. Average setback is not a significant issue. <br />2. Hardcover associated with the boathouse constitutes about one-h^of one percent (0.5%) <br />of the 0-75' zone. <br />iiiiMlttft