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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <br />The land owner did not provide circumstances that were unique to the <br />property to justify the variance. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The placement of the solar panels would be easily visible to properties to the <br />south, including the public Luce Line Trail. While solar is allowed in the <br />zoning district of the Subject Property, they are not allowed as a stand alone <br />structure and the request to locate the panels would alter the essential <br />character of the locality based on the size, height and visibility of surrounding <br />properties. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” An array, mounted on an accessory building could be built and still gain access <br />to the sun. The applicant has not demonstrated that they are unable to access direct <br />sunlight if the variance is granted. <br /> <br />6. “The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located.” This condition is not applicable, as the use for a solar array is a permitted <br />use in all zones. <br /> <br />7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The conforming lot, with characteristic <br />slope and tree cover is not peculiar to support the need for the variance. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The desire to place a solar array on the ground could be found in many <br />zoning districts. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The use of the property for a residence is