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FILE#LA20-000073 <br /> January 19,2021 <br /> Page 4 of 5 <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 and the existing <br /> mature trees do 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 /> that the increased level of solar panels will impact health,safety,and comfort has been <br /> received. <br /> 11. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The variance is not merely a <br /> convenience to the applicant. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Public Comments <br /> To date, no public comments have been received. No correspondence from the immediately <br /> adjacent neighbor has been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Staff visited the site, and was able to view the property from the lake. Pictures taken during this <br /> inspection are provided as Exhibit H. The issue is not the presence of the solar panels, but the <br /> presence of 2 extra arrays, intended to provide 41%of the electrical load for the structure (versus <br /> 38%). The difference in impact to the standards for variance is negligible. Planning Staff <br /> recommends approval of the variance as presented. Additionally, Staff recommends an <br /> amendment to the ordinance, removing the maximum. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Construction Plans <br /> Exhibit D. Supplemental Information <br />