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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y 1 NO. 7110 G `-1kESHO 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; c. The variance, if granted, 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. 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. 3