Resolution 6953 - Laserfiche WebLink

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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� 1,� No. 6 9 5 3 G `�kESHO�� The land owner did not provide circumstances that were unique to the property to justify the variance. c. The variance, if granted, will not alter the essential character of the locality." The placement of the solar panels would be easily visible to properties to the south, including the public Luce Line Trail. While solar is allowed in the zoning district of the Subject Property, they are not allowed as a stand alone structure and the request to locate the panels would alter the essential character of the locality based on the size, height and visibility of surrounding properties. 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."An array, mounted on an accessory building could be built and still gain access to the sun. The applicant has not demonstrated that they are unable to access direct sunlight if the variance is granted. 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. "T'he special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The conforming lot, with characteristic slope and tree cover is not peculiar to support the need for the variance. 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 use of the property for a residence is 3