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FILE # LA19-00050 15 July 2019 Page 2 of 4 Applicable Regulations: Lake Setback Variance (Section 78-1279) It is permitted for the property to have a stair accessing the lake or dock due to the slope of the lakeyard. The applicant is proposing to set the stairs into the slope for better screening and longevity. The retaining walls proposed are intended to support the stair design. Retaining walls are not permitted within the lake yard, however the hardcover associated with the walls is excluded from the site hardcover totals. The variance is necessary due to the location within the 75 -foot setback. Hardcover of the site, with the proposed improvements, will be below 25%. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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 this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs, which are permitted by ordinance. 2. The variance is consistent with the comprehensive plan. The requested variance is consistent with the residential goals within 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 use of the property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; the proposed lake access stair and retaining walls do not result in hardcover exceeding 25% for the property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; and c. The variance will not alter the essential character of the locality. The variance to permit construction of the walls to support the stairs within the 75 -foot setback will be less visible and more functional than an above grade stair. The retaining walls will not change character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: