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#03-2932 August 14, 2003 code. If the structure were moved 5' closer to the principal structure a side street variance would still be required. Page 4 of 5 Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." In the opinion of staff this criterion is not met. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." In the opinion of staff this criterion is met. 3. "The variance, if granted, will not alter the essential character of the locality." In the opinion of staff this criterion is met. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The applicant has not indicated economic consideration as a hardship. In the opinion of staff this criterion is met. 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 1161.06, Subd. 2, when in harmony with this Chapter." NIA 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." In the opinion of staff this criterion is met. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." NIA 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The property is a through lot, which also happens to be a corner lot, thus has 3 side yards which are adjacent to streets. The side yard street setback is more restrictive than a side yard adjacent to another lot. This property has sufficient area and screening to allow for minimal impact from each of the adjacent streets. In the opinion of staff this criterion is met.