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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� �,� No. 6 9 5 3 <br /> I�kEsxo�`` <br /> G <br /> 4. The Property is exempt from the Stormwater Quality Overlay District regulations. <br /> 5. Applicant has applied for the following variance[s]: <br /> a. Variance to permit the placement of a solar array on a rack mounted to the ground, <br /> versus mounted to a building as required by Ordinance. <br /> 6. In considering this application for variance, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variance upon <br /> the health,safety and welfare of the community,existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property <br /> in the surrounding area. <br /> ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance. . . ."The use of the property as residential,with a permitted <br /> use solar array is reasonable so long as the solar array is located on a building and is <br /> not a stand alone structure. Solar arrays are permissible and in harmony with the <br /> comprehensive plan so long as they are located on top of a building allowed to exist <br /> in the appropriate zoning district to avoid the appearance of a solar farm or other use <br /> that is incompatible with the zoning district. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The Comprehensive Plan supports the use of alternative <br /> energies. Though it is recognized that this support is not given at the expense of the <br /> existing natural environment, meaning trees should not need to be removed to <br /> support solar. <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used <br /> in connection with the granting of a variance,means that: <br /> a. The property owner in question proposes to use the property in a reasonable manner, <br /> however, the proposed use is notpermitted by the official controls. <br /> Solar arrays are not permitted as a stand alone structure as proposed by the <br /> applicant. The applicant has failed to demonstrate why the solar array can <br /> not be located on top of a structure as contemplated by the City Code as <br /> opposed to a stand alone structure. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> 2 <br />