08-12-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The proposed subterranean retaining walls do not result in hardcover exceeding 25% for the Property and the walls are excluded from the calculation total. The slope failure requires repair to prevent further damage; c. The variance, if granted, will not alter the essential character of the locality. " The variance to permit construction of the subterranean walls to repair and support the slope within the 75 -foot setback will not be visible; with the proposed plantings will function for stability and to create a vegetated natural looking slope. The project will not change character of the locality. 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 - 1C 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 lake slope failure creates a situation requiring necessary intervention and the proposed retaining wall installation is necessary for repair and restoration of the slope to the lake. It is reasonable to permit the type of repair the owner has proposed in addition to the proposed landscape plan to support a subterranean wall 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 be visible from the lake.