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Ordinance requirements /or average lakeshore setback <br />M2-2409A <br />jMly 21,2003 <br />Page 4 ofS <br />8. <br />"Economic considerations alone shall not constitute an undue hardship ifreasonable use for <br />the property exists under the terms of the Zoning Chapter." <br />Sot appiicabie <br />"Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth sheltered construction as defined <br />in Minnesota Statutes. Section 116J.06, Subd. 2, when in harmony vsiili this Chapter." <br />Sot appheabte <br />"The Board of Appeals and Adjustments or the Council may not permit as a s-ariance any use <br />that is not permitted under this Chapter for property in the zone where the aficctcd person's <br />land is located.” <br />The proposed use is a use allowed in the LR-IB single family lakeshore soning district. <br />"The Board or Council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling." <br />Sot applicable <br />"The special conditions applying to the structure or land in question arc peculiar to such <br />property or immediately adjoining property." <br />The fact that the property is located on a point placing the existing house and deck in the axerage <br />lakeshore setback is a special condition inherent to this property. <br />9. "The conditions do not apply generally to other land or structures in the district in which said <br />land is located.” <br />The characteristics ofthis property generally do not apply to other properties in the surrounding area <br />or zoning diOrict <br />10. "The granting of the application is necessary for the prescrtaiion and cnjo>mcnt of a <br />substantial property right of the applicant.” <br />Granting of the application allows the applicant further enjoyment of his/her property. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code.” <br />The proposed variance will not in any way impair the health safety, confort, morals or the Intent of <br />the Zoning Ordinance. <br />12. ”The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty." <br />The pmting cf the proposed variance wiU help aUeviate the properties inherent hardship.