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BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 1153 <' G el kESHO 3. The Property contains 6.87 acres in area and has a defined lot width of 182 feet. 4. The Property is exempt from the Stormwater Quality Overlay District requirements. 5. Applicant has applied for the following variance: a. Variance from the roof coverage limits of 70% 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The intent of the 70% rule is to avoid the visual impact of solar panels covering a roof. The roof structure is not visible form the street, either from Bayside(over 600 feet away),or McCulley Road(on the other side of a large berm). 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The Comprehensive Plan includes "To preserve open space, light, air, and solar access for all citizens while maintaining night sky" as a general goal (CMP Part 2 Community Plan Foundation, page 13). Additionally, Cities are required to include an element of protection and access to for solar energy systems (CMP Part 3A Solar Access Protection,page 14.) 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The placement of the extra solar panels is a reasonable use. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. the property owner did not build the house,and the desire to maximize the use of solar panels did not appear to be the key objective during construction. c. The variance, if granted, will not alter the essential character of the locality." 2