02-08-2021 Council Packet - Laserfiche WebLink

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FILE #LA20-000073 January 19, 2021 Page 4 of 5 7. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The structure’s orientation and the existing mature trees do not support adequate access to the sun. 8. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions would apply to other structures not properly oriented to the sun. 9. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The right to the sun for solar arrays is a right provided by the city and the state legislature. 10. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. No suggestion that the increased level of solar panels will impact health, safety, and comfort has been received. 11. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is not merely a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. No correspondence from the immediately adjacent neighbor has been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the grant ing of the request ed variance? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff visited the site, and was able to view the property from the lake. Pictures taken during this inspection are provided as Exhibit H. The issue is not the presence of the solar panels, but the presence of 2 extra arrays, intended to provide 41% of the electrical load for the structure (versus 38%). The difference in impact to the standards for variance is negligible. Planning Staff recommends approval of the variance as presented. Additionally, Staff recommends an amendment to the ordinance, removing the maximum. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Construction Plans Exhibit D. Supplemental Information