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LA21-000076 <br /> February 22,2022 <br /> Page 2 of 4 <br /> Retaining walls are not permitted within 75' of the lake,therefore the applicant is requesting a • <br /> setback variances.The applicant's plan involves replacing the existing concrete slab style <br /> retaining walls,with more natural looking boulders and to support the new style stair.The <br /> applicant is hoping to proactively prevent any further erosion and potential failure of the lake <br /> yard with tiered retaining walls to stabilize the area. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 410 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Preserving and protecting the existing slope in the lake yard is in harmony with the <br /> intent of the ordinance. The proposed retaining walls will be screened with vegetation <br /> to maintain the rural nature of the lake. <br /> 2. The variance is consistent with the comprehensive plan. The proposed retaining walls <br /> are protecting the slope on the property consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The owner proposes to install retaining wall <br /> improvements which are residential in nature and reasonable from a residential <br /> scope. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The owner has proposed retaining walls as a solution which will protect against <br /> failure of the slope. The existing slope of the lake yard was not a result of <br /> actions by the owner. and <br /> c. The variance will not alter the essential character of the locality The variance to <br /> permit retaining wall structures within the 75-foot setback will help to maintain <br /> the existing slope and character of the area. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as • <br />