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FILE#17-3949 <br /> Meeting Date August 20,2017 <br /> Page 3 of 5 <br /> According to MN §462.537 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 /> Granting the lake setback variance to allow the improvements to be constructed within <br /> 75 feet of the OHWL is for the purpose of preserving and protecting the existing slope <br /> in the lake yard and will likely not alter the essential character of the locality. <br /> 2. The variance is consistent with the comprehensive plan.Granting the requested variance <br /> to permit additional structure within the 75-foot setback resulting from the retaining <br /> walls is consistent with the priorities outlined in the comprehensive plan to protect <br /> lakeshore. Screening of the walls from the lake will be a mitigating condition of <br /> approval of the variances,which is supported by 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 Improvements <br /> which are residential in nature and reasonable from a residential scope. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The owner has proposed a solution which will protect against failure of the <br /> slope. The existing slope of the lake yard was not a result of actions by the <br /> owner;and <br /> c. The variance will not alter the essential character of the locality. The variance <br /> to permit structure within the 75-foot setback will help to maintain the <br /> existing slope and character of the locality. <br /> d. Additionally City Code 78-123 provides additional parameters within which a <br /> variance may be granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable,as the use for retaining walls accessory to single <br /> family dwelling are an allowed use in the LR-1C District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The slope of the property combined with <br /> the pre-existing improvements is a unique condition to the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The subject property's specific slope is beginning to erode and <br /> stairs have become unsafe creating conditions which do not apply to adjacent <br /> properties. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting a lake setback variance to allow <br /> the retaining walls within the 75-foot lake setback is reasonable and necessary to <br />