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#04-2970 January 20 , 2003 Page 6 of 7 created by the landowner." Without the landowner doing anything to his property, hardships are inherent due to the house being constructed in I 950, the new construction of the house to the south, and the level of existing hardcover. 3. "The variance , if granted, will not alter the essential character of the locality ." Should the variances be granted the essential character of the locality would not be affected. If anything, the applicant 's property has the least visual effects from th e lake than many of the homes along Bay Ridge Road. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable 5. "Undue hardship also includes , but is not limited to , inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." All the uses proposed are us es allowed by Chapter 78 of the City Code. 7 . "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The special conditions arise due to the age of the existing structure and the new construction of the home to the south. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located ." It is of staff's opinion that his criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed variances are required should the applicant want to pursue any improvements to the home beyond an interior remodel, regardless if the footprint is changed. 11. "The granting of the proposed variance will not in any way impair health , safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning