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d. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by the ordinance to other lands, structures or buildings <br />in the same district. <br />e. A genuine hardship exists in complying with the literal terms of the ordinance. <br />The townhome development was approved in accordance with applicable ordinance <br />requirements in place at the time of project processing. This includes the location of the <br />existing timber retaining wall. The construction /reconstruction of the retaining wall is <br />believed to be necessary to ensure the structural stability of the development. In this <br />regard, it is believed that special circumstances unique to the subject property exist <br />which can justify approval of the setback variance. <br />Practically speaking, the proposed retaining wall construction /reconstruction is viewed <br />as essentially a maintenance matter. <br />Retaining Wall Plan. As a condition of variance approval, the applicant should submit <br />detailed retaining wall plans subject to review and approval by the City Engineer. <br />RECOMMENDATION <br />Based on the preceding review, our office views the requested variance as a <br />maintenance matter necessary to ensure the structural stability of the townhome <br />development and usability of yard areas. As a result, we recommend approval of the <br />variance request subject to the following condition: <br />1. The applicant submit detailed retaining wall plans subject to review and approval <br />by the City Engineer. <br />pc. Kathy Glanzer <br />Greg Schroeder <br />Steve Westerhaus <br />Beverly Hoffman, Round Lake Trail Townhome Association, 1-43 Round Lake <br />Trail. Little Canada, MN 55117 <br />3 <br />