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r <br />5. <br />6. <br />7. <br />8. <br />9. <br />M3-2936 <br />August 18,2003 <br />Page Oof 8 <br />Not applicable <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 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 />The ttses proposed are allowed uses in the LR- IC 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 />Many of the properties along the lake in this general locality have long and <br />narrow conditions providing hardships for lot area and lot width variances. <br />However, because this is a rebuild there are not special conditions peculiar to <br />this property which might lead to allowing the lakeside deck and/or possibly the <br />three car garage. The Planning Commission should discuss whether the lakeside <br />deck should be allowed because the property was purchased with the deck and the <br />current property owner isn ’/ responsible for creating the non-conformity, and <br />also whether the limited area in the 250-500 ’ zone provides special conditions <br />which couldjustify' allowing three car garage. <br />"The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />The unique conditions resulting in lot area and lot width variances do not <br />generally apply to the entire LR - IC district but rather to a handful of the <br />surrounding neighborhood ’s lakeshore lots. <br />10. “The granting of the application is necessary for the preser\ ation and enjoyment <br />of a substantial property right of the applicant." <br />Granting of the lot area and width variances is necessary for the preservation and <br />enjoyment of a substantial property right of the applicant. These variances are <br />.1 <br />1