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5. <br />6. <br />7. <br />8. <br />9. <br />M3-2933 <br />August II, 2003 <br />Pages of9 <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 />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in <br />harmony with this Chapter." <br />Not applicable <br />“The Board of Appe^ts 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 />The uses proposed are allowed uses in the LR — IB zoning district. <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 />Not applicable <br />“The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />The circumstance which requires a separate water meter is pecidiar to the <br />property. The design of the utilities would require the house to be torn down to <br />maintain one meter. <br />There are not special conditions applying to the land or structures that are <br />peculiar to such property o>- immediately joining property. All lots on Old Beach <br />Road are large lots which accommodate large homes There has to be a <br />hardcover limit ot some point or another. <br />“The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />The water meter variance Is unique in and of itself <br />All of the lots on Old Peach Road are reasonably sized to accommodate <br />reasonable amounts of hardcover. <br />“The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant." <br />The Ordinance allows plumbing in accessory buildings and non-rental <br />apartments and therefore the applicants should be able to utilize these itses. The <br />variance for the separate water meter is necessary for the applicants to use their <br />property in a manner allowed by ordinance. <br />t.