01-22-2019 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000103 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner is proposing a ground-mounted solar array located in the southwest corner of their property. A ground-mounted solar array is a reasonable mannered use per the intent of the ordinance. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The landowner's property is heavily forested, has a small pond in the front yard, and a septic system located north of the home. Additionally, the roof is heavily shaded by the trees located around the home. Each of these conditions was not caused by the property owners. 3. The variance, if granted, will not alter the essential character of the locality. Response: This variance will not alter the essential character of the locality because it will be well screened from Wakefield RD due to the circumstances of the property. Also, the landowner is working with Prairie Restoration to remove non-native vegetation south of the ground mount and will be screening the solar array with native vegetation from the Luce Line State Trail. Thus improving the essential character of the locality with native vegetation. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Access to direct sunlight is the driving practical difficulty. No economic considerations are the driving force of this variance application. 5. Practical difficulties 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 Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: Minnesota Statutes, Section 462.357, Subd. 6 states that "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy system". This location of the ground-mounted solar array has the most direct access to sunlight on the property, thus it complies with the guidelines of Minnesota Statutes, Section 462.357, Subd. 6. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: Alternative energy systems are permitted within all zoning districts. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.