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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. X407 <br />6. The granting of the variances to create a walkout or a 3' terrace <br />level would result in the following violations of Section 10.08, <br />Subdivision 3 (A) of the zoning code with which the applicant must <br />first comply before the requested variances can be granted: <br />A. The property in question can still be put to its existing <br />reasonable use as a single family residence under conditions <br />allowed by the official controls, without creation of a walkout <br />basement situation. <br />B. The plight of the applicant in terms of his perceived need to <br />have a walkout excavation or a 3' terrace level is created by the <br />applicant, and has nothing to do with any unique hardship related <br />to the land. <br />C. The variance, if granted, will alter the essential character <br />of the locality, by creating i significantly artificially altered <br />lakeshore topography which other properties in the locality <br />generally do not have. <br />D. The granting of the requested variances would appear to serve <br />merely as a convenien^.e to the applicant as there have been no <br />valid hardships demonstrated through the review of this <br />application. <br />E. The granting of the application is not necessary for the <br />preservation and enjoyment of a substantial property right of the <br />applicants. <br />F. The special conditions applying to the property in question <br />are not peculiar to this property and are typical of many <br />properties within the lakeshore areas of Orono. <br />7. The City Council finds that Option E of the staff recommendation <br />which includes a 3' high retaining wall at the top of the lakeshore <br />bank and regrading of the slope below that wall, is an acceptable <br />method of bank restoration, which in conjunction with adequate <br />vegetation screening will have the least visual impact on the <br />lakeshore in the general neighborhood, will be relatively equivalent <br />in stability to other potential bank restoration methods, and is one <br />of the methods proposed by the Hennepin Soil and Water Conservation <br />District as an acceptable method of bank restoration. Additionally, <br />the Council finds that this method does comply with the requirements <br />of Section 10.08 Subd. 3(A). <br />Page 6 of 10 <br />