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(IM2-2913 <br />July 21.2003 <br />Page 4 <br />1. “The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the ofncial controls.” <br />It is the opinion of staffthat this criterion is not met. <br />2.“The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner.” <br />The property is 0.22 acre within a I acre zone. It is the opinion ofstaff that this <br />criterion is met. <br />3. <br />4. <br />“The variance, if granted, will not alter the essential character of the locality.” <br />The lots in this area are very tightly arranged and the variance would decrease the <br />amount of light, space and air for the neighboring property. In the opinion of staff this <br />criterion is not met. <br />“Economic considerations alone shall not constitute an undue hardship if reasonable use <br />for the property exists under the terms of the Zoning Chapter.” <br />Reasonable use ofthe property exists under the terms of the Zoning Chapter. <br />5. <br />6. <br />Undue hardship also includes, but is not limited to, madequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth sheltered construction as <br />defmed in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this <br />Chapter.” <br />The variance requested is not the minimum variance which would alleviate any <br />hardship. <br />"The Board of Appeals wd Adjustments or the Council may not permit as a variance <br />any use that is not pemutted under this Chapter for property in the zone \^ere the <br />affected person's land is located.” <br />N/A <br />7."The Board or Council may permit as a variance the temporary use of a one<family <br />dwelling as a two-family dwelling.” <br />N/A <br />8. <br />9. <br />“The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” <br />The proposed structure would add to the aesthetic appeal of the home from the street <br />Additionally, proposed changes would lessen the hardcover totals on the property. <br />“The conditions do not apply generally to other land or strucunes in the district in <br />which said land is located.” <br />The property is not unique to the neighborhood, however, the lot sizes in this <br />neighborhood are unique to the LR-IB zoning district. In the opinion ofs(affthis <br />criterion is not met.