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FILE#LA22-000040 <br /> 15 August 2022 <br /> Page 2 of 4 <br /> LOT ANALYSIS WORKSHEET • <br /> Section 78-1279—Setbacks: <br /> The existing timber retaining walls are made with narrow timbers which are tiered and support the hillside <br /> of the property.The existing landscape timbers are not well suited to support the slope. The existing and <br /> proposed stair and wall configuration allow for the existing lake access. The new walls are proposed to <br /> utilize the existing footprint and will be constructed at the same setback from the lake. No retaining walls <br /> are permitted within the 75 foot lakeshore <br /> setback. <br /> 4 <br /> al*I - i Section 78-1680 and 78-1700—Hardcover <br /> Calculations: <br /> Retaining walls are exempt from hardcover <br /> '''''' ' * --- 4 4/ 4 --' totals for the property.Therefore the retaining <br /> / , walls are excluded from the hardcover <br /> calculations. <br /> .- Applicable Regulations: <br /> ' Lake Setback Variance(Section 78-1279) <br /> ' * ` `" Retaining walls are not permitted within 75' of <br /> „ the lake, in order to replace the existing wall <br /> system,with an expanded footprint a setback <br /> � variance has been requested. <br /> III <br /> .� � Governing Regulation:Variance(Section 78- <br /> , 123) <br /> �" 44. In reviewing applications for variance, the <br /> ' 41 -0 Planning Commission shall consider the effect <br /> . . of the proposed variance upon the health, <br /> ,a <br /> . - ' s '' safety and welfare of the community, existing <br /> - u =' and anticipated traffic conditions, light and air, <br /> 3. <br /> " _ danger of fire, risk to the public safety, and the <br /> .� " effect on values of property in the surrounding <br /> 41STING area. The Planning Commission shall consider <br /> recommending approval for variances from the <br /> literal provisions of the Zoning Code in instances where their strict enforcement would cause practical <br /> difficulties because oflcircumstances unique to the individual property under consideration, and shall <br /> recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br /> systems.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 variance any <br /> use that is not permitted under this chapter for property in the zone where the affected person's land is <br /> located.The board or council may permit as a variance the temporary use of a one-family dwelling as a <br /> two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: • <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and <br /> protecting the existing lake yard slope is in harmony with the intent of the ordinance.The <br />