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FILE # 17-3949 Meeting Date August 20, 2017 Page 3 of 5 According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Granting the lake setback variance to allow the improvements to be constructed within 75 feet of the OHWL is for the purpose of preserving and protecting the existing slope in the lake yard and will likely not alter the essential character of the locality. 2. The variance is consistent with the comprehensive plan. Granting the requested variance to permit additional structure within the 75 -foot setback resulting from the retaining walls is consistent with the priorities outlined in the comprehensive plan to protect lakeshore. Screening of the walls from the lake will be a mitigating condition of approval of the variances, which is supported by the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner; and c. The variance will not alter the essential character of the locality. The variance to permit structure within the 75 -foot setback will help to maintain the existing slope and character of the locality. d. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for retaining walls accessory to single family dwelling are an allowed use in the LR -1C District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property's specific slope is beginning to erode and stairs have become unsafe creating conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to