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, <br /> , FILE#12-3574 <br /> 11 September 2012 <br /> Page 3 of 4 <br /> escrow security to assure the applicant and contractor will maintain erosion control <br /> protection throughout the duration of the project. " <br /> • Fill or excavated material must not be placed in a manner that creates an unstable <br /> slope._Plans to place fill or excavated material on steep slopes must be reviewed by the <br /> city engineer for continued slope stability and must not create �nished slopes of 30 <br /> percent or greater. <br /> Comment: The city engineer will review the plan"s to assure protection of the slope as <br /> well as the lake. <br /> • Fill or excavated material must not be placed in bluff impact zones. Any alterations <br /> below the ordinary high water level of public waters must first be authorized by the <br /> commissioner of the department of natural resources under Minn.Stat. § 103G.245. <br /> Comment: Alterations below the OHWL or within a bluff impact zone are not proposed. <br /> • Alterations of topography must only be allowed if they are accessory to permitted or <br /> conditional uses and do not adversely affect adjacent or nearby property. <br /> Comment: Topographic alterations are not proposed. � <br /> • Placement of natural rock riprap, including associated grading of the shoreline and <br /> placement of a filter blanket, is permitted if the finished slope do.es not exceed three <br /> � feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet <br /> of the ordinary high water level, and the height of the riprap above the ordinary high <br /> water level does not exceed three feet. A riprap permit shall be obtained per the <br /> requirements of section 78-969. <br /> NA <br /> • Excavations where the intended purpose is connection to a public water, such as boat <br /> slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. <br /> Such excavations below the elevation or the ordinary high water level are subject to <br /> approval of the department of natural resources and other agencies with concurrent <br /> jurisdiction. <br /> NA <br /> Practical Difficulties Analysis <br /> !n considering applications for variance, the P/anning Commission shall consider the effect of� <br /> the proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated tra�c conditions, light and air, danger of�re, risk to the public safety, and the <br /> effect on values of property in the sucrounding area. The P/anning Commission shall consider <br /> recommending approval for variances from the litera/ provisions of the Zoning Code in <br /> instances where their strict enforcement would cause practica/ di�culties because of <br /> circumstances unique to the individua/ property_under consideration, and shall recommend <br /> :;.F; �. <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and <br /> intent of the Orono Zoning Code. <br /> Staff finds the applicant has demonstrated practical difficulties specific to the topography of the <br /> lot and in the orientation and condition of the existing staircase. Staff supports granting the 0- <br /> 75' zone hardcover variance and a CUP to allow construction of the new stairway to the lake. , <br />