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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 /> <br />a. Whether the array is located on a building or a rack, some trees may be <br />removed. These trees are not protected, and may be removed at any time. The <br />location is well screened from Wakefield Road, and from property to the west. <br />Existing vegetation will screen it from the east and the south. An existing large <br />berm will screen the improvement from the public Luce Line Trail. <br />The character is protected. The Commission may wish to have the applicant <br />further define the tree and vegetation removal. <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.” To meet the ordinance, the array would need to be installed on the principal <br />structure whose roof planes and existing vegetation do not lend itself to the desired <br />affect, or the applicant would need to construct an undesired detached accessory <br />building. <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 requirement for the solar array to be <br />placed on the roof of a building is intended to minimize hardcover and structural <br />impact. Both of those concerns do not apply to this lot. The land itself is not peculiar. <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 ability to harness solar power is a right.