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FILE* 03-2953 <br />October 20.2003 <br />Page 5 of 6 <br />of a re-build <br />3. “The variance, if granted, will not alter the essential character of the locality.” <br />The existing home currently encroaches Jurther into the side setback jurther. In the <br />opinion of staff this criterion is met. <br />4. "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 applicants have not indicated economic considerations as their hardship. In the <br />opinion of staff this criterion is met. <br />5. "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 />6. “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 propertv’ in the zone <br />where the affected person's land is located.” <br />Not applicable. <br />7. “The Board or Council nay permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Not applicable. <br />8. “The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property.” <br />In the opinion ofstaff this criterion is not met. <br />9. “The conditions do not apply generally to other land or structures in the district in <br />which said land is located.” <br />In the opinion ofstaff this criterion is not met. <br />10. “The granting of the application is necessary for the preservation and enjo>-meni <br />of a substantial property right of the applicant.” <br />In the opinion of staff this criterion is not met. <br />11. “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 />In the opinion ofstaff this criterion is met. <br />12. “The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty.” <br />In the opinion of staff this criterion is not met.