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FILE # 17-3949 Meeting Date August 20, 2017 Page 4 of 5 preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the OHWL. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Regarding the addition of retaining walls supporting the lake access stair and at the top of the slope, staff finds practical difficulties exist in the existing condition, and the need to stabilize and protect the slope from erosion. The portions of wall and the stairs are an in-kind replacement; two additional retaining walls near the top of the slope are meant to better stabilize the slope; the applicant also is proposing to construct one linear wall placed along the shoreline above the riprap. Staff conducted a site visit and based on the observed of the site conditions and the submitting information in the applicant. Staff is suggesting approval of the project with screening of all of the retaining walls be required to preserve the natural look of the shoreline when viewed from the lake. Staff has concerns regarding the linear retaining wall that runs along the shoreline that is connected to the rip rap. Planning Commission is asked to discuss the necessity, plantings, and screening of the proposed retaining wall. See Exhibit J from the applicant when discussing the bottom retaining wall and Exhibit K from the Minnehaha Creek Watershed District. Engineer Comments The City's engineer has reviewed the proposed plan and requires engineered plans be submitted with the building permit. A thorough grading review by the City's engineer will occur upon submittal of the building permit for the walls.