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TT <br />4. <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />II. <br />12. <br />the applicant has proposed. <br />m-2912 <br />July2l,200J <br />Pate4of5 <br />"Economic considerations alone shall not constitute an undue hardship if reasonable use for <br />the property exists under the terms of the Zoning Chapter." <br />Mot applicable <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 I I6J.06, Subd. 2, when in harmony with this Chapter." <br />The proposal would not affect neighboring properties' access to direct sunlight. <br />"The Board 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 />The proposed use is a use allowed in the LR-IA, Single Family Lakeshore Residential district <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 tJie structure or land in question are peculiar to such <br />property or immediately adjoining property." <br />The character of the neighborhood and the subject property are that of one acre lots within a two <br />acre zoning district. <br />“The conditions do not apply generally to other land or structures in the district in which said <br />land is located." <br />irhile the conditions apply to the applicant’s property and the surrounding neighborhood, the <br />conditions do not apply generally to all property within the hvo acre minimum zoning district. <br />The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." <br />Granting of the application allows the property owner further enjoyment of his/her property. <br />"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 />The proposed variance will not in any way impair the health, safety, comfort, morals or the intent of <br />the Zoning Ordinance. <br />"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 />\