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of the roof, even the other south facing roof planes would not acquire comparable photovoltaic rays. <br />The reduction of two solar panels results in almost a 1,000 kWh loss of potential sunlight obtainable <br />by this roof for the homeowner. Minnesota Statute 462.357, subd. 6, states that inadequate access to <br />direct sunlight for solar energy systems is a practical difficulty. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br />use that is not allowed under this Chapter for property in the zone where the affected <br />person's land is located. <br />Response: N/A <br />7. The Board or Council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. <br />Response: N/A <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <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 />of the roof, even the other south facing roof planes would not acquire comparable photovoltaic rays. <br />The reduction of two solar panels results in almost a 1,000 kWh loss of potential sunlight obtainable <br />by this roof for the homeowner. Minnesota Statute 462.357, subd. 6, states that inadequate access to <br />direct sunlight for solar energy systems is a practical difficulty. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />said land is located. <br />Response: N/A <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />Response: It is the property owner's and right to supplement or utilize alternatives to conventional <br />fuels, in which they are choosing to do so by installing a solar energy system. <br />11. The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Response: The City of Orono's Community Management Plan, Part 3A Environmental Protection Plan <br />outlines the need for protecting solar access. Granting this proposed variance will not impair health, <br />safety, comfort, morals or otherwise, but rather be contributing to the City's 2040 plan.