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09-21-2015 Planning Commission Packet
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09-21-2015 Planning Commission Packet
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FILE#15-37�5 � <br /> 17 Sept 2015 <br /> Page 2 of 5 <br /> Background • <br /> The applicant is requesting a conditional use permit and setback variance (structure within 75 <br /> feet of the lake) in order to allow installation of sub-grade retaining walls and grading to repair <br /> and stabilize the significantly eroded lakeshore slope. Plans for landscaping and engineering <br /> have been provided. <br /> LOT ANALYSIS WORKSHEET <br /> Sections 78-1279-Setbacks: <br /> LR-16 Required Proposed <br /> Lakeshore 75' ±0' <br /> Average Lakeshore The sub-grade walls will be lakeward of the average lakeshore <br /> setback but will not project above ground. <br /> Section 330-Lot Area/Width: <br /> LR-16 Lot Area <br /> Required 43,560 s.f. (1.0 acres) <br /> Actual Lot Areas (according 4167 Highwood =0.26 acre <br /> to Hennepin County) 4175 Highwood =0.24 acre <br /> 4195 Highwood (house lot) = 1.03 acres <br /> Section 78-1680 and 78-1700-Hardcover Calculations: <br /> Hardcover is not technically proposed to increase as a result of the proposal. <br /> Applicable Regulations: <br /> Lake Setback Variance (Section 78-1279) <br /> The applicant's proposal involves installing a structural support for the erosion damaged slope <br /> within the 75-foot setback of the lake. Retaining walls are not permitted encroachments in the <br /> lake yard therefore a variance is required. <br /> Governin� Re�ulation: Variance (Section 78-123) <br /> In reviewing applications for variance, the P/anning 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 safery, 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 practica/difficulties because of circumstances unique <br /> to rhe 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. 2, 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 />
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