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FILE#LA19-00050 <br /> 15 July 2019 <br /> Page 3 of 4 <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable,as retaining walls are an allowed use in the LR- <br /> 1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling. This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The topography of the property increases <br /> as it moves away from the lake and the proposed stair improvement is necessary for <br /> access to the lake. It is reasonable to permit the type of stair the owner has proposed <br /> in addition to the retaining walls to support such stair system.The retaining walls will <br /> not adversely impact adjacent properties. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The applicant's proposal does not appear to be out of character with <br /> the area. The walls will not encroach nearer to the lake than the stair and can be <br /> screened from view from the lake. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting a lake setback variance and to allow <br /> the construction of the retaining wall supported stair system within the 75-foot lake <br /> setback is reasonable and necessary to preserve the property rights of the owner. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> lake setback variance allowing the retaining walls within the 75-foot setback will not <br /> adversely impact health, safety, comfort or morals,or be contrary to the ordinances. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The applicant has provided <br /> demonstration of the practical difficulties which support granting the lake setback to <br /> permit the construction of retaining walls within 75 feet of the OHWL. <br /> Practical Difficulties Statement <br /> Applicant has provided supporting documentation regarding the applicable Practical Difficulties <br /> attached as Exhibit B, and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated <br /> with the set in grade stair system for lake and dock access. <br /> Stairs are permitted by the city code. In similar situations (slope, distance, etc.) property owners <br /> have two choices in installing stairs, above grade deck-type stairs, or in-ground stairs. Above <br /> grade deck stairs are often more visually impactful,as the entire structure is above ground. These <br /> stairs are often used where protection of the slope is of greater importance than preserve the <br />