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FILE # 17-3943 June 19, 2017 Page 4 of 5 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 right-of-way. The 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 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the proposed variance is in accordance with the intent the city's land use plan, "Private stewardship of land and resources is preferable to inflexible public control." 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The granting of the proposed variance is in accordance with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The granting of the proposed variance will provide the best access to direct sunlight attainable within the property The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has determined that the project is not likely to impact the existing or future septic sites. Practical Difficulties Statement