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11-16-2020 Planning Commission Packet
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11-16-2020 Planning Commission Packet
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LA20-69 ExC <br /> PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br /> LA20-000069 <br /> 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. <br /> Response:The solar ordinance as outlined by the City of Orono allows solar energy systems to be used in all zoning districts, but is <br /> only permitted as a roof-mounted system.The property owner proposes to install a roof-mounted solar system. <br /> 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. <br /> Response:The residence was built in 1999 and the current property owners purchased in 2018.The residence's roof structure consists <br /> of many valleys and hips that are not feasible for solar panels to be installed on. In addition, ground mounted solar PV systems are not <br /> permitted in the City of Orono, leaving this structure and more specifically,this roof plane, as the remaining ideal location to place solar <br /> panels. <br /> 3.The variance, if granted,will not alter the essential character of the locality. <br /> Response: Rooftop solar PV is a permitted use in the City of Orono.The proposed array will have limited visibility if any from neighbors <br /> and fellow residents due to flush mounted design, natural screening, and location and tilt of the roof plane. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under <br /> the terms of the Zoning Chapter. <br /> Response: Our design meets the 2020 State of Minnesota Building code; however, it does not meet the City of Orono's requirements <br /> outlined in Sec. 78-1379 of Orono's Zoning Ordinance. Specifically Sub e, number 2, letter h which states, "Maximum area. In all <br /> residential zoning districts,the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 <br /> percent of the roof to which it is affixed".The current array design covers approximately 83%of the roof plane. Minnesota Statute <br /> 462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. <br /> 5. Practical difficulties 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 Minnesota Statutes,Section 1163.06,Subd. 2, <br /> when in harmony with this Chapter. <br /> Response:The property consists of two buildings: the residence and a pole barn.The residence's back roof is Northeast facing while <br /> the front is Southwest facing.The pole barn is South-Southeast facing,at 155 degrees azimuth. Due to Minnesota residing on the North <br /> side of the equator line,the optimal azimuth for solar access is South,therefore the pole barn is the better suited location for solar <br /> panels. Additionally,the residence's roof structure consists of many valleys and hips that are not feasible for solar panels to be installed <br /> on. Minnesota Statute 462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. <br /> 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under <br /> this Chapter for property in the zone where the affected person's land is located. <br /> Response: N/A <br /> 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. <br /> Response: N/A <br /> 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately <br /> adjoining property. <br /> Response:The property consists of two buildings: the residence and a pole barn.The residence's back roof is Northeast facing while <br /> the front is Southwest facing.The pole barn is South-Southeast facing,at 155 degrees azimuth. Due to Minnesota residing on the North <br /> side of the equator line,the optimal azimuth for solar access is South,therefore the pole barn is the better suited location for solar <br /> panels. Additionally,the residence's roof structure consists of many valleys and hips that are not feasible for solar panels to be installed <br /> on. <br /> 9.The conditions do not apply generally to other land or structures in the district in which said land is located. <br /> Response: N/A <br /> 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the <br /> applicant. <br /> Response: It is the property owner's and right to supplement or utilize alternatives to conventional fuels, in which they are choosing to <br /> do so by installing a solar energy system. <br /> 11.The granting of the proposed variance will not in any way impair health,safety,comfort, morals,or in any other <br />
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