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FILE # 16-3849 14 July 2016 Page 3 of 4 the neighboring cabins; and the existing tree stands combined with the elevation result in a unique circumstance not created by the landowner allowing for the cabin and therefore the solar panels to be almost completely screened from views off the property, and c. The variance will not alter the essential character of the locality. The solar panels will not be visually obtrusive and will screened from views from off of the property adequately by existing vegetation and the topography. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 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. Orono’s code permits only roof mounted solar panels to be constructed. The roof of the nonconforming cabin is the only place where solar panels are permitted on the property. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The cabin is an existing nonconforming structure and the property contains a large number of mature trees for screening. The topography increases as it moves away from the lake and toward the property at 560 Big Island. The property on the western side of the right-of-way is separated from the applicant’s cabin by approximately 30 feet and sits slightly below the applicant’s cabin. The proposed solar panels will not adversely impact adjacent properties. 6. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposal does not appear to be out of character with the area. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This criterion appears to be met. 8. 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. The proposed solar panels on the roof of the cabin will not impair the health, safety, comfort or morals of the public. 9. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. 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. Septic System Status Please see the attached memo from Orono’s Building Official, Roger Peitso, regarding the septic system (Exhibit E). Practical Difficulties Applicant should be asked to discuss the Practical Difficulties regarding the application. Practical Difficulties Analysis Staff finds that due to the Code requirement for solar panels and the existing cabin on the property in a nonconforming location, there is no conforming way for the applicant to install solar