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FILE #LA23-000023 <br />June 20, 2023 <br />Page 2 of 4 <br /> <br />within the 75-foot lakeshore setback and therefore a setback is required. <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Retaining walls are exempt from hardcover totals for the property. Retaining walls are excluded <br />from the hardcover calculations. <br /> <br />Applicable Regulations: <br />Lake Setback Variance (Section 78-1279) <br />Retaining walls are not permitted within 75 feet of the lake, in order to replace the existing wall <br />system, with a slightly expanded footprint and a different material a setback variance has been <br />requested. <br /> <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 /> <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. <br />Preserving and protecting existing trees in the lake yard is in harmony with the intent <br />of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The proposed retaining walls <br />will continue to maintain the integrity of the slope and protect the existing tree. The <br />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 <br />permitted by the official controls; The owner proposes to install retaining wall <br />improvements which are residential in nature and reasonable from a <br />residential scope. <br />b. There are circumstances unique to the property not created by the landowner; <br />The owner has proposed retaining walls to protect the existing tree. The <br />existing failing walls are not the result of actions by the owner; and <br />c. The variance will not alter the essential character of the locality. There are <br />existing retaining walls in the lake yard. The variance to permit the expanded <br />retaining wall structure within the 75-foot lake setback will preserve the <br />existing tree and character of the area.