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4. <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />11. <br />12. <br />MJ-29S7 <br />October 20,2003 <br />Page S of 6 <br />granted. <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 />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 1 16J.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 uses proposed are permitted in the RR — 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 special conditions of the locations of the septic system and well are peculiar <br />to this specific property. <br />“The conditions do not apply generally to other land or structures in the district in <br />which said land is located.” <br />The hardships described do not apply generally to other land or structures, and <br />are a unique circumstance to this specific property. <br />“The granting of the application is necessary for the preserv ation and enjoyment <br />of a substantial property right of the applicant." <br />The granting of this application is necessary if the applicants desire to do any <br />additions to the home presently or in the future. <br />“The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning <br />Code.” <br />The granting of the proposed variance will not in any way be detrimental to the <br />public or the intent of the Zoning Ordinance. <br />“The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstiable hardship or difficulty.” <br />The granting of this variance will not sen'e as a convenience, as the applicant has <br />demonstrated hardships relating to the location of the septic system arid well