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M3-2932 <br />August 14,2003 <br />Page 4 Of 5 <br />code. If the structure were moved S’ closer to the principal structure a side street <br />variance would still be required. <br />Staff would make the following recommendations in regards to the criteria for “undue <br />hardship’’ pertinent to this application: <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />7. <br />8. <br />“The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the o ’’ icial controls." <br />In the opinion of staff this .riterion is not met. <br />“The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner." <br />In the opinion ofstaff this criterion is met. <br />"The variance, if granted, will not alter the essential character of the locality.' <br />In the opinion ofstaff this criterion is met. <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 />The applicant has not indicated economic consideration as a hardship. In the <br />opinion ofstaff this criterion is met. <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 />constr::r*''n as defined in Minnesota Statutes, Section 115 J.06, Subd. 2, when in <br />harmony with this Chapter." <br />h'/A <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 />In the opinion of staff this criterion is met. <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 />N/A <br />“The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />The property is a through lot, which also happens to be a corner lot, thus has 3 <br />side yards which are adjacent to streets. The side yard street setback is more <br />restrictive than a side yard adjacent to another lot. This property has sufficient <br />area and screening to allow for minimal impact from each of the adjacent streets. <br />In the opinion of staff this criterion is met. <br />1