Laserfiche WebLink
FILE#LA22-000040 <br /> 15 August 2022 <br /> Page 3 of 4 <br /> proposed retaining walls will be constructed with boulders in order to maintain the natural <br /> aesthetic of the lake, and will be screened with vegetation wherever feasible. <br /> 2. The variance is consistent with the comprehensive plan.The proposed retaining walls will <br /> continue to maintain the integrity of the slope and protect the slope from catastrophic failure <br /> which protects the lake.The proposal is 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 permitted <br /> by the official controls;The owners propose to install retaining wall improvements which <br /> are residential in nature and reasonable from a residential scope. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> owners have proposed retaining walls to protect against failure of the slope. The <br /> existing slope of the lake yard was not the result of actions by the owner; and <br /> c. The variance will not alter the essential character of the locality. There are existing <br /> retaining walls in the lake yard.The variance to permit the expanded retaining wall <br /> structure within the 75-foot lake setback will help to maintain the existing slope and <br /> character of the area. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br /> 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 for <br /> solar energy systems.Variances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. §216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This <br /> • condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located.This <br /> condition is not applicable,as residential improvements are permitted to support a residential <br /> use in the LR-1C District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br /> 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 property <br /> or immediately adjoining property.The slope of the property combined with the pre-existing <br /> improvements are unique conditions affecting the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land is <br /> located.The steep slope,existing failing timber wall configuration,and the existing <br /> improvements create conditions which do not apply to all of the adjacent properties. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant. Granting a lake setback variance to allow the retaining walls <br /> within the 75-foot lake setback to be reconstructed with an expanded footprint is reasonable,is <br /> a better solution long-term,and is necessary to preserve the rights of the owner.The variance is <br /> supported by the vulnerable slope on the property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter. Granting the lake yard setback <br /> variance allowing the retaining walls within the 75-foot lake setback will not adversely impact <br /> health, safety,comfort or morals,or in any way be contrary to the ordinances. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty.The proposed walls within the lake yard will <br /> continue to preserve the integrity of the slope and there is no conforming location to install the <br />