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FILE#LA18-000103 <br /> January 22,2019 <br /> Page 3 of 5 <br /> Section 78-1403-Structural Coverage: <br /> Total Lot Area Total Structural Coverage <br /> 130,680 s.f. (3 acres) Structural Coverage Limit does not apply as <br /> the property is over 2 acres. <br /> Section 78-1680 and 78-1700-Hardcover Calculations. The property is exempt due to its <br /> distance from receiving waters. <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.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <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.The use <br /> of the property as residential, with a permitted use solar array is reasonable. The <br /> Commission should discuss whether the ground mounted array is reasonable. <br /> 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan <br /> supports the use of alternative energies. Thought it should be noted that this support <br /> is not given at the expense of the existing natural environment, meaning trees should <br /> not need to be removed en-mass to support solar. <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 solar array mounted on a rack versus a <br /> building is reasonable from a hardcover, structural limitation, and massing <br /> perspective. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> This property is not unique with respect to the variance. and <br /> c. The variance will not alter the essential character of the locality. Whether the <br /> array is located on a building or a rack, some trees may be removed. These <br /> trees are not protected, and may be removed at any time. The location is well <br /> screened from Wakefield Road, and from property to the west. Existing <br /> vegetation will screen it from the east and the south. An existing large berm <br /> will screen the improvement from the public Luce Line Trail. <br />