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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 />2 <br /> <br /> <br />4. The Property is exempt from the Stormwater Quality Overlay District regulations. <br /> <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 /> <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 /> <br />ANALYSIS: <br /> <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. The Commission should discuss whether the ground <br />mounted array is reasonable. <br /> <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. Thought it should be noted that this support is not given at the expense of <br />the existing natural environment, meaning trees should not need to be removed en- <br />mass to support solar. <br /> <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 not permitted by the official controls. <br />The solar array mounted on a rack versus a building is reasonable from a <br />hardcover, structural limitation, and massing perspective. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The location of existing buildings are shielded by existing trees, limiting <br />location of solar arrays with minimal impact to vegetation. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.”