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� t . ^ <br /> . ' ' , . <br /> . Page 2 of 3 � . <br /> 5. "Undue:hardship also includes, but is not limited to, inadequate access to direct <br /> suniight 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 /> ; , , <br /> � 6. "The Board of Appeals and Adjustments or the Council may not permit as a . <br /> : � � variance any use that is not permit�ed under this Chap�er for properfy in the zone <br /> ; where the affected person's land is located." : <br /> � No changP from existin� residential use is �ro�osed. <br /> , , , � <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. <br /> . 8. "The special conditions applying to the structure or land in question are peculiar <br /> to such property or immediately adjoining property." . <br /> Existing house and develo�ment in which it is 'located was <br /> . approved bv the Cit�grior to increased setback requirements <br /> , in an ordinance revi_sion. <br /> 9. "The conditions do not apply generally to other land or structures in the district in <br /> . which said land�is located." <br /> Similar conditions onlv apply. to houses constructed prior <br /> to the ordinance revisions. <br /> � 10. "The granting of the application is necessary for the preservation and enjoyment <br /> - of a substantial property right of the applicant." � <br /> See Hardship StatPment enclosed. <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 /> � � A setback variance will not impair health, safetv, comfort. <br /> � morals, etc. Existin� house is currentiv located much <br /> closer then variance requested. <br /> , <br /> . <br /> . . �... <br /> . '. :� ;` <br /> . , <br /> • . . . . ��� <br /> �� � � <br /> • . , • • • . <br />