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�ONp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7008 <br /> G <br /> IE Ho <br /> b. The plight of the landowneris due to circumstances unique to his property not created <br /> by the landowner. <br /> The proposed subterranean retaining walls do not result in hardcover exceeding <br /> 25% for the Property and the walls are excluded from the calculation total. The <br /> slope failure requires repair to prevent further damage; <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variance to permit construction of the subterranean walls to repair and support <br /> the slope within the 75-foot setback will not be visible; with the proposed plantings <br /> will function for stability and to create a vegetated natural looking slope. The project <br /> will not change character of the locality. <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 /> 1C 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 lake slope failure creates a situation <br /> requiring necessary intervention and the proposed retaining wall installation is necessary <br /> for repair and restoration of the slope to the lake. It is reasonable to permit the type of <br /> repair the owner has proposed in addition to the proposed landscape plan to support a <br /> subterranean wall system. The retaining walls will not adversely impact adjacent <br /> properties. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The Applicant's proposal does not appear to be out of character with the <br /> area.The walls will not be visible from the lake. <br /> 3 <br />