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FILE«03-2959 <br />November 7,2003 <br />Page 9 of 6 <br />4. “Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the propert>' exists under the terms of the Zoning Chapter." <br />Economic considerations are preventing the applicants from razing the house and re­ <br />building a new, conforming home. However, economic considerations are not the <br />reason for the variance request. <br />5. “Undue hardship also includes, but is not limited to, inadequate access to direct <br />sunlight for solar energy systems. \’ariances 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 />Hot applicable. <br />6. "The Board of Appeals and .\djustments or the Council may not permit as a <br />variance any use that is not pemiined under this Chapter for property in the zone <br />where the affected person’s land is located.” <br />Not applicable. <br />7. "The Board or Council ma> 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 apphing to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />This property is 0.2 acre within a 0.5 acre zone. It is not particularly small for the <br />area, nor is the size or location of the home on the lot out of character for the <br />neighborhood. <br />9. "The conditions do not apply generally to other land or structures in the district in <br />which said land is located.” <br />The zoning standards apply to all '.jkeshore lots in the LR-IC district. In the opinion <br />ofstaff this criterion is not met. <br />10. “The granting of the applicatirn is necessary for the preservation and enjoyment <br />of a substantial property right cf the applicant." <br />This criterion is met with respect t: the house exparvsion. <br />11. “The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any oi'.er respect be contrary to the intent of the Zoninj: <br />Code." <br />This criterion is met with respect to the house expansion. <br />12. “The granting of such variance udll not merely ser\e as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty." <br />This criterion is met with respect to the house expansion.