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5., <br />6 .. <br />7, <br />8, <br />9., <br />10 .. <br />11 .. <br />Page2of3 <br />"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 />"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 />The use and requested variance are conforming. <br />"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. <br />''The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property .. 0 <br />See attached. <br />"The conditions do not apply generally to other land or structures in the district in <br />which said land is located .. " <br />See attached. <br />"The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant." <br />The va1:·iance will provide the applicant with safety, security. <br />and privacy. <br />"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 />The va1:·iance will not in any way impair health, safety. comfor~, <br />or morals and will not be contrary to tbe intent of the Zoning Code. <br />The fence is consistent with the Codes opacity ·requirements. It <br />does not block traffic sight lines, and is consistent with the high <br />quality construction of neighboring properties.