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FILE#17-3949 <br /> Meeting Date August 20,2017 <br /> Page 2 of 5 <br /> Section 78-1405 &78-1279—Retaining Wall Setbacks: <br /> The proposed walls range between 1 and 4 feet in height(tiered walls)and are within 5 feet of <br /> the side yard lot line, requiring a building permit per City Code 78-1405 (5.1)b. The walls as <br /> proposed are situated at the OHWL of the lake. There is a second 3 foot wall tiered above the <br /> lower retaining wall. Additionally,there are multiple retaining walls curving up the slope to <br /> stabilize the stairs and the elevated lake yard. <br /> Section 78-1684Hardcover Calculations: <br /> Retaining walls are not permitted within 75-feet of the OHWL due to structural setbacks. <br /> Retaining walls are listed as an exception to hardcover calculations and are not counted towards <br /> the hardcover coverage on a site. <br /> Stormwater Total Area in Allowed Existing Proposed <br /> Overlay District Zone Hardcover Hardcover Hardcover <br /> Tier <br /> 7,463.5 s.f. 6,203s.f. 189' 6,708s.f. 505s.f. <br /> Tier 1 30,622 s.f. (25%) (20.2%) w/in (21.91%) w/in <br /> 75' 75 <br /> Applicable Regulations: <br /> Lake Setback Variance (Section 78-1279) <br /> Retaining walls are not permitted within 75' of the lake,therefore the applicant is requesting a <br /> setback variance.The applicant's plan involves replacing the existing stairs in kind, replacing the <br /> existing retaining walls, and constructing additional retaining walls. The applicant is hoping to <br /> proactively prevent any further erosion and potential failure of the lake yard with tiered <br /> retaining walls to stabilize the area.The walls as proposed are 4 feet or less in height but are <br /> tiered,thus requiring an engineered design. The City's engineer has reviewed the submitted <br /> plans and will require a building permit with engineering prior to installation. <br /> The retaining walls are the only new hardcover proposed. The stairs are considered an in-kind <br /> replacement.Ariel photos and photos submitted are attached. <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. 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 /> affected person's land is located. <br />