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FILE* oyms <br />Oclotef 30 30C3 <br />PagcScfe <br />of a re-build <br />3. *Tbe variance, if granted, will not alter the essential character of the locality.” <br />The existing home currently encroaches further Into the side setback further. In the <br />oplrdon 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 appltcants have not indicated economic considerations as their hardship. In the <br />t^lnion 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 />coostrucUoo as defined in Minnesota Statutes. Section 1 16J 06. Suhd. 2. when in <br />harmony with this Chapter.” <br />Sot of^icable. <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 propert>’ in the zone <br />where the affected person's land is located.” <br />Sot a/plicable. <br />7. *The Board or Council may permit as a \*ariance the temporar) use of a <br />one-family dw’elling as a two-family dwelling.” <br />Sot 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 of staff 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 of staff this criterion is not met <br />10. "The granting of the application is necessary for the preserv ation and enjoNmcnt <br />of a substantial property right of the applicant.” <br />In the opinion ofstaff this criterion is not met <br />II. "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 seive 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