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• Council � <br /> . - Exhibit C <br /> Page 2 of 6 <br /> (1) The property in question cannot be put to a reasonable use if used under <br /> conditions allowed by the official controls. <br /> (2) The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> (3) The variance, if granted, will not alter the essential character of the locality. <br /> (4) Economic considerations alone shall not constitute an undue hardship if <br /> reasonable use for the property exists under the terms of this chapter. <br /> (5) 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 Minn. Stat. § 216C.06, subd. 2, when in harmony with <br /> , this chapter. <br /> (6) � The board or the council may not permit as a variance any use that is not <br /> permitted under this chapter for property in the zone where the affected person's <br /> land is located. <br /> (7) The board or council may permit as a variance the°temporary use of a one-family <br /> dwelling as a two-family dwelling. <br /> (8) The special conditions applying to the structure or land in question are peculiar to <br /> such property or immediately adjoining property. <br /> (9) The conditions do not apply generally to other land or structures in the district in <br /> which the land is located. <br /> (10) The granting of the application is necessary for the preservation and enjoyment <br /> of a substantial property right of the applicant. <br /> (11) The granting of the proposed variance will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter. <br /> (12) The granting of such variance will not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate demonstrable hardship or difficulty. <br /> � (b) The board or council may impose conditions in granting of variances to ensure <br /> compliance with this chapter and to protect adjacent properties. No variance shall be <br /> granted or changed beyond the use permitted in this chapter in the district where such <br /> land is located. <br /> (Code 1984, §§ 2.56(2)(B), 10.06(1)(B)(1)(b), (1)(B)(1)(c), 10.08(3)) <br /> Sec. 78-1111. Definitions. <br /> Unless specifically defined below, words or phrases used in this article shall be interpreted so <br /> as to give them the same meaning as they have in common usage and so as to give this article its most <br /> reasonable application. <br /> (1) Accessory use or structure means a use or structure on the same lot with, and of a <br /> nature customarily incidental and subordinate to, the principal use or structure. <br /> (2) Basement means any area of a structure, including crawl spaces, having its floor or base � <br /> subgrade (below ground level) on all four sides, regardless of the depth of excavation <br /> below ground level. <br /> (3) Conditiona/use means a specific type of structure or land use listed in the official control <br /> that may be allowed but only after an in-depth review procedure and with appropriate <br /> conditions or restrictions as provided in the official zoning controls or building codes and <br /> upon a finding that: <br /> a. Certain conditions as detailed in the zoning ordinance exist. <br /> b. The structure and/or land use conform to the comprehensive land use plan if one <br /> exists and are compatible with the existing neighborhood. <br />