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FILE # LA19-00050 15 July 2019 Page 3 of 4 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as retaining walls are an allowed use in the LR - 1B District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The topography of the property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system. The retaining walls will not adversely impact adjacent properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant's proposal does not appear to be out of character with the area. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 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 retaining wall supported stair system within the 75 -foot lake setback is reasonable and necessary to preserve 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 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 retaining walls within 75 feet of the OHWL. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated with the set in grade stair system for lake and dock access. Stairs are permitted by the city code. In similar situations (slope, distance, etc.) property owners have two choices in installing stairs, above grade deck -type stairs, or in -ground stairs. Above grade deck stairs are often more visually impactful, as the entire structure is above ground. These stairs are often used where protection of the slope is of greater importance than preserve the