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#03-2956 October 20, 2003 Page 4 of5 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable 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 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 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." The proposed use is an allowed use within the RR 1 B Zoning District. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The circumstances of the back lot designation and the topography not affecting adjacent homes' views are special conditions applying to the land. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." These conditions are unique to this property and do not apply generally to land located in the RR -1 B Zoning District. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of this application is necessary for the applicant's right to be able to build a home on this lot. Without an average lakeshore setback variance a house could not be constructed meeting the lot setback requirements. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The granting of this application will not in anyway be detrimental to the public or intent of the Zoning Ordinance. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The granting of the application will alleviate demonstrable hardships which exist should a house be constructed on the lot.