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Page 2 of 3 <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 />construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in <br />harmony with this Chapter." <br />Not applicable <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 property in the zone <br />where the affected person's land is located." <br />This property is and will continue to be used as a single-family seasonal dwelling and <br />property. <br />7. "The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />Not applicable. This property will be used as a one-family seasonal dwelling. <br />8. "The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />Yes -this property is unique due to its being nearly level near the lakeshore where the <br />existing structure is located, with a steep slope upwards away from the lakeshore, and <br />because of the keyhole at one end of the property. <br />9. "The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />True <br />10. "The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant." <br />Yes -based upon the new conforming septic system installation in August of this year <br />and the unique characteristics of this property, the placement of any structure is very <br />limited. <br />11. "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 />True <br />#3323