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FILE#16-3849 <br /> 14 July 2016 <br /> Page 3 of 4 <br /> the neighboring cabins; and the existing tree stands combined with the <br /> elevation result in a unique circumstance not created by the landowner <br /> allowing for the cabin and therefore the solar panels to be almost completely <br /> screened from views off the property, and <br /> c. The variance will not alter the essential character of the locality. The solar panels <br /> will not be visually obtrusive and will screened from views from off of the <br /> property adequately by existing vegetation and the topography. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono <br /> City Code Chapter 78. Orono's code permits only roof mounted solar panels to be <br /> constructed.The roof of the nonconforming cabin is the only place where solar panels <br /> are permitted on the property. <br /> 5. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The cabin is an existing nonconforming <br /> structure and the property contains a large number of mature trees for screening. <br /> The topography increases as it moves away from the lake and toward the property at <br /> 560 Big Island.The property on the western side of the right-of-way is separated from <br /> the applicanYs cabin by approximately 30 feet and sits slightly below the applicant's <br /> cabin.The proposed solar panels will not adversely impact adjacent properties. <br /> 6. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The proposal does not appear to be out of character with the area. <br /> 7. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.This criterion appears to be met. <br /> 8. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.The proposed <br /> solar panels on the roof of the cabin will not impair the health, safety, comfort or <br /> morals of the public. <br /> 9. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.This statement is true. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> Please see the attached memo from Orono's Building Official, Roger Peitso, regarding the septic <br /> system (Exhibit E). <br /> Practical Difficulties <br /> Applicant should be asked to discuss the Practical Difficulties regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that due to the Code requirement for solar panels and the existing cabin on the <br /> property in a nonconforming location,there is no conforming way for the applicant to install solar <br />