01-22-2019 Planning Commission Packet

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FILE#LA18-000103 January 22,2019 Page 4 of 5 The character is protected. The Commission may wish to have the applicant further define the tree and vegetation removal. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter 78. To meet the ordinance, the array would need to be installed on the principal structure whose roof planes do not lend itself to the desired affect, or the applicant would need to construct an undesired detached accessory building. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a solar array is a permitted use in all zones. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The requirement for the solar array to be placed on the roof of a building is intended to minimize hardcover and structural impact. Both of those concerns do not apply to this lot. The land itself is not peculiar. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The desire to place a solar array on the ground could be found in many zoning districts. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The ability to harness solar power is a right; the Commission will need to determine that there are no other options on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. The proposed variance would allow a solar array to be ground mounted. A solar array is permitted to be placed on a building, including a new building in the same location as a proposed array. There is no impact to the health, safety, or welfare based on the difference between the two. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It may be cheaper and easier to place the array on the roof of the existing structure, the applicants propose a variance to better suit their long range plans for the property. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has determined that the project is not likely to impact the existing or future septic sites.