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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 so[ar 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. ll <br />7. <br />8. <br />Use is appropriate to applicable zoning. <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 immedi~tely adjoining property." <br />See attached. <br />9. , "The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />10. <br />11. <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 variance, if granted, will provide access to the lake, ensure <br />driveway access during wet periods, manage stormwater effectively, <br />and will-provide for safety, security, 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 variance, if granted, will enhance environmental conditions and <br />will provide for safety,· sP-curity, and privacy.