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FILE#17-3943 <br /> June 19,2017 <br /> Page 3 of 5 <br /> 2. The equipment or device must be designed and constructed in <br /> compliance with all applicable building and electrical codes, and (if for <br /> co-generation) must be in compliance with all state and federal <br /> regulations regarding co-generation of energy. <br /> b. Utility connection. All grid connected systems shall have an agreement with <br /> the local utility prior to the issuance of a building permit. A visible external <br /> disconnect must be provided if required by the utility. <br /> (4)Abandonment. If the solar energy system remains nonfunctional or inoperative <br /> for a continuous period of one year, the system shall be deemed to be abandoned <br /> and shall constitute a public nuisance. The owner shall remove the abandoned <br /> system at their expense after a demolition permit has been obtained. Removal <br /> includes the entire structure including transmission equipment. <br /> (5) Permits. A building permit shall be obtained for any solar energy system prior to <br /> installation. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health,safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Within the city zoning ordinances the city states"it's is the public interest to encourage <br /> alternative energy systems that have a positive impact on energy production and <br /> conservation" (Sec. 78-1379, b.)The proposed ground mount accomplishes just that. <br /> 2. The variance is consistent with the comprehensive plan.The vegetation cover terrain and <br /> structure orientation are unique characteristics that affect adequate access to direct <br /> sunlight. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The construction of any other building or <br /> structure in the proposed location would be permitted, only because the <br /> structure collects sunlight and transfers the energy is it prohibited. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> Neither the orientation of the roof, nor the size of the roof where explicitly <br /> established by the homeowner. and <br />