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]0,0^> Subd. 3. Variances; Issuances.ex^. J <br />A. In considering applications for variance, the <br />Council shall consider the advice and recommendation of the Board <br />and the effect of the proposed variance upon the health, safety and <br />welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public <br />safety, and the effect on values of property in the surrounding <br />area. Before granting a variance, the Council shall hear requests <br />for variances from the literal provisions of this Chapter in <br />instances where their strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />consideration, and to grant such variances only when it is <br />demonstrated tliat such actions will be in keeping with the spirit <br />and intent of this Chapter. "Undue hardship" as used in connection <br />with the granting of a variance means: <br />1. The property in question cannot be put to a <br />reasonable use if used under conditions allowed by the official <br />controls. <br />2. The plight of the landowner is due to <br />circumstances unique to his property not created by the landowner. <br />3. The variance, if granted, will not alter <br />the essential character of the locality. <br />4. Economic consideratians alone shall not <br />constitute an undue hardship if reasonable use for the property <br />exists under the terms of this Chapter. <br />5. Undue hardship also includes, but is not <br />limited to, inadequate access to direct sunlight for solar energy <br />systems. Variances shall bo granted for earth sheltered <br />construction as defined in Minnesota Statutes, Section 116J.06, <br />Subd. 2, when in harmony with this Chapter. <br />6. The Board of Appeals and Adjustments or the <br />Council may not permit as a variance any use that is not permitted <br />under this Chapter for property in the zone where the affected <br />person’s land is located. <br />7. The Board or Council may permit <br />variance the temporary use of a one-family dwelling as a two- <br />dwelling . <br />as a <br />family <br />Section 6. Ordinance Section 10.08, Subdivision 3 (A) is hereby <br />amended by adding the following; <br />(8) The special conditions applying to the structure or <br />land in question are peculiar to such property or <br />immediately adjoining property. <br />(9) The conditions do not apply generally to other land or <br />structures in the distict in which said land is located. <br />(10) The granting of the application is necessary for the <br />preservation and enjoyment of a substantial property right <br />of the applicant. <br />(11) The granting of the proposed variance will not in any <br />way impair health, safety, comfort, morals, or in any other <br />respect be contrary to the intent of the Zoning Code. <br />(12) The granting of such variance will not merely serve as <br />a convenience to the applicant, but is necessary to <br />alleviate demonstrable hardship or difficulty.