#6776-variance-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 6 4. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Within the city zoning ordinances the city states "it's is the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation" (Sec. 78-1379, b.) The proposed ground mount accomplishes just that. 2. The variance is consistent with the comprehensive plan. The vegetation cover terrain and structure orientation are unique characteristics that affect adequate access to direct sunlight. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of any other building or structure in the proposed location would be permitted, only because the structure collects sunlight and transfers the energy is it prohibited. b. There are circumstances unique to the property not created by the landowner; Neither the orientation of the roof, nor the size of the roof where explicitly established by the homeowner. and c. The variance will not alter the essential character of the locality. The existing vegetation and grading remain intact. The location of the proposed ground mount is well screened from the road richt-of-wav and neiahborina properties. 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. The requirement to place the array within the specific location of the yard to gather maximum sunlight is the reason for the variance, and is an established practical difficulty. 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. Alternative energy systems are permitted in the zoning district the property is located in