Laserfiche WebLink
FILE # LA18-000103 <br />January 22, 2019 <br />Page 3 of 5 <br /> <br /> <br />Section 78-1403- Structural Coverage: <br /> <br />Total Lot Area Total Structural Coverage <br />130,680 s.f. (3 acres) Structural Coverage Limit does not apply as <br />the property is over 2 acres. <br /> <br />Section 78-1680 and 78-1700 -Hardcover Calculations. The property is exempt due to its <br />distance from receiving waters. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br />subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br />variance any use that is not permitted under this chapter for property in the zone where the <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.537 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The use <br />of the property as residential, with a permitted use solar array is reasonable. The <br />Commission should discuss whether the ground mounted array is reasonable. <br />2. The variance is consistent with the comprehensive plan. The Comprehensive Plan <br />supports the use of alternative energies. Thought it should be noted that this support <br />is not given at the expense of the existing natural environment, meaning trees should <br />not need to be removed en-mass to support solar. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The solar array mounted on a rack versus a <br />building is reasonable from a hardcover, structural limitation, and massing <br />perspective. <br />b. There are circumstances unique to the property not created by the landowner; <br />This property is not unique with respect to the variance. and <br />c. The variance will not alter the essential character of the locality. Whether the <br />array is located on a building or a rack, some trees may be removed. These <br />trees are not protected, and may be removed at any time. The location is well <br />screened from Wakefield Road, and from property to the west. Existing <br />vegetation will screen it from the east and the south. An existing large berm <br />will screen the improvement from the public Luce Line Trail.