11-16-2020 Planning Commission Packet

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Date Application Received: October 20,2020 Date Application Considered as Complete:October 21,2020 1 .OAO 60-Day Review Period Expires: December 20,2020 To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator `°e � � 4kESHO� From: Jeremy Barnhart,AICP Community Development Director Date: November 16, 2020 Subject: #LA20-000069, All Energy Solar o/b/o Aron and Kali Johnson,4760 Bayside, Variance Public Hearing Application Summary: The applicant is requesting a variance to allow solar arrays to cover more than 70%of the roof Staff Recommendation: Planning Department Staff recommends approval Background The applicants are working on behalf of the property owner. They propose a roof mounted solar array that covers 83%of the roof to which it is affixed,the maximum is 70%. Practical Difficulties Analysis Applicant Submittal Information:The applicant offers that the orientation and design of the roof of the structures offers inadequate access to sunlight are practical difficulties supporting the requested variance.Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application.The applicants also note that ground mounted solar arrays are not permitted in Orono. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff notes that the State Statutes(462.357 6. (2)) identify inadequate access to sunlight as a practical difficulty. In its review staff notes that the improvement will have no impact on neighboring properties. Further,staff concurs that the state Statute does define inadequate access to sunlight as a practical difficulty. With the city's prohibition of ground mounted systems (and recent denial of a ground mounted array variance on a different property(LA18-000103)),the applicant has no other choice.