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FILE #LA20-000073 January 19, 2021 Page 3 of 5 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the 70% rule is to avoid the visual impact of solar panels covering a roof. The proposed location of the panels is on a portion of the roof directly abutting the neighboring property. The visual difference between the proposal (roughly two panels) and the allowances by ordinance are negligible. The variance is 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.) 2. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of solar panels is a reasonable use. b. There are circumstances unique to the property not created by the landowner; the property owner did not build the house, and the desire to maximize the use of solar panels does not appear to be the key objective during construction and c. The variance will not alter the essential character of the locality. The excess coverage (of panels) will likely not be discernable. Further, removal of the trees to place panels elsewhere on the roof would have a negative impact on the neighborhood and the lake. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 3. Economic considerations alone do not constitute practical difficulties. Economic considerations has not been the sole factor in the variance approval determination. 4. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. The applicant has noted that the design of the house roof, the presence of mature trees, and the City’s prohibition of ground mounted arrays limit adequate access to sunlight. 5. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as solar arrays are permitted in every district. 6. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable.