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LA21-000076 <br /> February 22,2022 <br /> Page 3 of 4 <br /> • defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br /> Chapter 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable, as single family home is an allowed use in the <br /> LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. .The slope of the property combined with <br /> the pre-existing improvements is a unique condition to the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The subject property's specific slope and existing improvements are <br /> creating conditions which do not apply to adjacent properties. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting a lake setback variance to allow the <br /> retaining walls within the 75-foot lake setback is reasonable and necessary to preserve <br /> the property rights of the owner and supported by the vulnerable lake yard slope on <br /> the property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> lakeyard setback variance allowing the retaining walls within the 75-foot lake setback <br /> will not adversely impact health, safety, comfort or morals, or in any way be contrary <br /> • to the ordinances. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty.The location of the slope in the lakeyard <br /> does not support another, conforming location for the retaining wall. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Commission should discuss if additional landscaping and screening should be <br /> required to preserve and enhance a natural vegetated view from the lake. <br /> Planning Staff Recommendation <br /> Planning Staff recommends approvals for the lakeyard variances to allow the reconstruction of <br /> the retaining walls with a condition to add additional vegetation to screen the retaining walls from <br /> the lakeview of the property. <br />