08-12-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-00051 15 July 2019 Page 3 of 4 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. 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. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope failure to allow the subterranean retaining wall system to be installed. Public Comments No public comments were received in response to this application. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood?