Laserfiche WebLink
FILE#LA20-000073 <br /> January 19,2021 <br /> Page 3 of 5 <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 /> 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 /> proposed location of the panels is on a portion of the roof directly abutting the <br /> neighboring property. The visual difference between the proposal(roughly two panels) <br /> and the allowances by ordinance are negligible. <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 discernable. Further,removal of the trees <br /> to place panels elsewhere on the roof would have a negative impact on the <br /> neighborhood and the lake. <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 presence of mature <br /> trees, and the City's prohibition of ground mounted arrays limit adequate access to <br /> 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 />