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02-08-2021 Council Packet
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02-08-2021 Council Packet
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PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA20-000073 <br />1. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />Response: The solar ordinance as outlined by the City of Orono allows solar energy systems to be <br />used in all zoning districts, but is only permitted as a roof-mounted system. The property owner <br />proposes to install a roof-mounted solar system. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: The residence was built in 2006 and the current property owners purchased in 2020. The <br />roof structure consists of multiple roof planes varying in direction and size and includes many hips and <br />valleys. The majority of the south facing roof planes, which is most ideal for solar, may be shaded by <br />the adjacent roof plane and inhibit the sun access. The roof plane on the southeast side of the house <br />that is south facing is shaded heavily by a tree. The roof plane on the southwest side of the home and <br />is south facing, is the most ideal for solar. This is where the solar is being proposed to be installed. <br />The factors listed above are outside of the control of the landowner. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: Rooftop solar PV is a permitted use in the City of Orono. The proposed array would only <br />be visible from one neighboring property but none others due to the flush mounted design, natural <br />screening, and location and tilt of the roof plane. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use <br />for the property exists under the terms of the Zoning Chapter. <br />Response: Our design meets the 2020 State of Minnesota Building code; however, it does not meet <br />the City of Orono's requirements outlined in Sec. 78-1379 of Orono's Zoning Ordinance. Specifically <br />Sub e, number 2, letter h which states, "Maximum area. In all residential zoning districts, the collector <br />and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of <br />the roof to which it is affixed". The current array design covers approximately 75.3 percent of the roof <br />plane. Minnesota Statute 462.357, subd. 6, states that inadequate access to direct sunlight for solar <br />energy systems is a practical difficulty. <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this <br />Chapter. <br />Response: The proposed location for 30 solar panels is at an azimuth of 180 degrees. Due to <br />Minnesota residing on the North side of the equator line, the optimal azimuth for solar access is <br />South, therefore this is the ideal spot on the roof. Additionally, the residence's roof structure consists <br />of many valleys and hips between other south facing planes and are slightly shaded and less <br />supreme. <br />The ordinance would require two of the 30 solar panels be removed. It is impractical to require two <br />solar panels be placed on another roof plane, a great distance away. Due to the nature of the layout <br />Exhibit E
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