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for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this <br />Chapter. <br />Response: While this provision primarily addresses solar access, it recognizes that practical <br />difficulties encompass various site-specific physical constraints. The severe topography of this property <br />creates practical difficulties in site development that are equally compelling, requiring careful building <br />placement to minimize environmental impact and preserve the natural landscape that defines this <br />neighborhood. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br />use that is not allowed under this Chapter for property in the zone where the affected <br />person's land is located. <br />Response: The proposed single-family residential use is explicitly permitted in the R-1 zoning district. <br />This variance request seeks only relief from the average lakeshore setback requirement, not <br />permission for any non-permitted use. <br />7. The Board or Council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. <br />Response: This provision is not applicable to the current request. The proposal is for a single-family <br />dwelling consistent with the property's zoning designation. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />Response: The special conditions are indeed peculiar to this specific property: <br />The steep topography extending from street to lake is more severe than typical lots in the area <br />The southern neighbor's home position, set unusually far from the lake, creates a unique average <br />setback calculation <br />The combination of these factors creates buildable area constraints not found on other properties <br />The need to preserve the mature forest on the steep slope is specific to this property's environmental <br />features <br />9. The conditions do not apply generally to other land or structures in the district in which <br />said land is located. <br />Response: These conditions are unique within the district: <br />Most lakeshore properties have either more gradual slopes or wider lots allowing flexible building <br />placement <br />Other properties with slopes typically have different orientations allowing development without <br />massive tree removal <br />The specific relationship between this property's topography and neighboring home positions is not <br />replicated elsewhere in the district <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />18