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FILE # 17-3949 Meeting Date August 20, 2017 Page 2 of 5 Section 78-1405 & 78-1279 — Retaining Wall Setbacks: The proposed walls range between 1 and 4 feet in height (tiered walls) and are within 5 feet of the side yard lot line, requiring a building permit per City Code 78-1405 (5.1)b. The walls as proposed are situated at the OHWL of the lake. There is a second 3 foot wall tiered above the lower retaining wall. Additionally, there are multiple retaining walls curving up the slope to stabilize the stairs and the elevated lake yard. Section 78-1684Hardcover Calculations: Retaining walls are not permitted within 75 -feet of the OHWL due to structural setbacks. Retaining walls are listed as an exception to hardcover calculations and are not counted towards the hardcover coverage on a site. Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 189 505s.f. Tier 1 30,622 s.f. 7,463.5 s.f. 6,203s.f. w/in 6,708s.f. w/in (25 %) (20.2%) (21.91%) 75, 75' Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75' of the lake, therefore the applicant is requesting a setback variance. The applicant's plan involves replacing the existing stairs in kind, replacing the existing retaining walls, and constructing additional retaining walls. The applicant is hoping to proactively prevent any further erosion and potential failure of the lake yard with tiered retaining walls to stabilize the area. The walls as proposed are 4 feet or less in height but are tiered, thus requiring an engineered design. The City's engineer has reviewed the submitted plans and will require a building permit with engineering prior to installation. The retaining walls are the only new hardcover proposed. The stairs are considered an in-kind replacement. Ariel photos and photos submitted are attached. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board 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.