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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 solar energy systems. VarIances shali be granted for earth sheftered <br /> construction as deflned in Minnesota Statutes, Section 116Ju06,Subd.2,when in . <br /> � harmony with this Chapter." <br /> Not applicable. <br /> 6. °The Board of Appeals and Adjustmenfs or the Councii may not permft 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 xequested variance are confoxming. <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 /> See attached. <br /> 9. "The conditions do not apply generally to other Iand or structures in fhe district in <br /> which said land is Iocated." � <br /> See attached. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment <br /> of a substantiat property right of the applicant" <br /> The variance will provide th� applicant with safety, se•euritv, <br /> and privacy. <br /> �1. NThe 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 wi11 not in anv wav impair health, safetv, com�oxt, <br /> or morals and wi.11 not be contrarv�rhP i,�x��nt o� �Tae Zonin� Code. <br /> The fence is consistent with the Codes opacitv requirements. It <br /> . does not b].octc tza�fic sight lines, and 3.s consistent with the high <br /> quality construction of neighboring properties. <br /> .�;;�:r .��: <br /> ,; 1'; `,:;v;_ .. _ . .. �,' <br /> �� +`/�TJ 4'tti� '`['�.�•S <br /> . � � <br /> � C�S?'•L:'�,.i1 '•' " ' ., ., �,� . <br /> `."`3 .�.. , ,�b'�.:. P <br /> �i �� }'..�.. ' ..... '—•-- .,_.. •E', . <br /> K�.•.t.•�! J <br />