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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7008 G ESHO 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 and to allow the construction of the subterranean retaining wall system within the 75-foot lake setback is reasonable and necessary to protect the lake and property, and the property rights of the owner. 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 lake setback variance allowing the subterranean retaining walls within the 75-foot setback will not adversely impact health, safety, comfort or morals, or 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 provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of subterranean retaining walls within 75 feet of the OHWL. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of subterranean retaining walls within the 75-foot lake setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the proposed wall and landscape plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A& B. 3. The Applicant shall provide detail to satisfy the City's engineer prior to issuance of a building permit for the walls including: a. Submittal of wall and site plans specific to this site are required to be submitted for review and approval. The plans should include existing and proposed contours, location of subterranean wall (including draintile with pipe material, diameter, and invert elevations indicated), erosion control, and proposed restoration/landscaping. b. The plans/design should include all areas needing stabilization, including the adjacent property if applicable; written consent shall be submitted from the adjacent property owner. c. Copies of all required Minnehaha Creek Watershed District permits. 4