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FILE#LA20-000069 <br /> November 16,2020 <br /> Page 3 of 4 <br /> According to MN §462.357 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 <br /> intent of the 70% rule is to avoid the visual impact of solar panels covering a roof. The <br /> roof structure is not visible form the street, either from Bayside (over 600 feet away), <br /> or McCulley Road (on the other side of a large berm). <br /> The variance is consistent with the comprehensive plan.The Comprehensive Plan includes"To <br /> preserve open space, light, air, and solar access for all citizens while maintaining night <br /> sky" as a general goal (CMP Part 2 Community Plan Foundation, page 13). Additionally, <br /> Cities are required to include an element of protection and access to for solar energy <br /> systems (CMP Part 3A Solar Access Protection,page 14.) <br /> 2. 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 placement of solar panels is a reasonable <br /> use. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the property owner did not build the house,and the desire to maximize the use <br /> of solar panels does not appear to be the key objective during construction and <br /> c. The variance will not alter the essential character of the locality. The excess <br /> coverage(of panels)will likely not be visible outside of the property. Lastly,the <br /> State Legislature has determined that inadequate access to sunlight for solar <br /> energy systems is a practical difficulty. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 3. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations has not been the sole factor in the variance approval determination. <br /> 4. 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. The applicant has noted that the design of the house roof, the orientation of the <br /> accessory structure,and the City's prohibition of ground mounted arrays limit adequate <br /> access to sunlight. <br /> 5. 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 solar arrays are permitted in every district. <br /> 6. 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 /> 7. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The structure's orientation to the sun does <br /> not support adequate access to the sun. <br /> 8. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The conditions would apply to other structures not properly oriented <br /> to the sun. <br /> 9. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The right to the sun for solar arrays is a right <br /> provided by the city and the state legislature. <br /> 10. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter. No suggestion <br />