Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />2 <br /> <br />3. The Property contains 1.13 acres in area and has a defined lot width of 117 feet. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Variance from the roof coverage limits of 70% <br /> <br />6. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The intent of the 70% rule is to avoid the visual impact of <br />solar panels covering a roof. The proposed location of the panels is on a portion of the roof <br />directly abutting the neighboring property. The visual difference between the proposal <br />(roughly two panels) and the allowances by ordinance are negligible. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The Comprehensive Plan includes “To preserve open space, light, air, <br />and solar access for all citizens while maintaining night sky” as a general goal (CMP Part 2 <br />Community Plan Foundation, page 13). Additionally, Cities are required to include an <br />element of protection and access to for solar energy systems (CMP Part 3A Solar Access <br />Protection, page 14.) <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />The placement of the extra solar panels is a reasonable use. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />the property owner did not build the house, and the desire to maximize the use of solar <br />panels did not appear to be the key objective during construction. <br />c. The variance, if granted, will not alter the essential character of the locality.”