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FILE#17-3943 <br /> June 19,2017 <br /> Page 4 of 5 <br /> c. The variance will not alter the essential character of the locality. The existing <br /> vegetation and grading remain intact. The location of the proposed ground <br /> mount is well screened from the road right-of-way. The <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also 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 Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.The requirement to place the array within the specific location of the yard to gather <br /> maximum sunlight is the reason for the variance, and is an established practical <br /> difficulty. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.Alternative energy systems are permitted in the zoning district the property is <br /> located in <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The specific topography of the property the <br /> vegetation coverage and the orientation of the house do not allow for the most <br /> adequate access to direct sunlight except for the proposed location. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The specific topography of the property the vegetation coverage and <br /> the orientation of the house do not allow for the most adequate access to direct <br /> sunlight except for the proposed location. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The granting of the proposed variance is in <br /> accordance with the intent the city's land use plan, "Private stewardship of land and <br /> resources is preferable to inflexible public control." <br /> 11. 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 granting <br /> of the proposed variance is in accordance with the intent of the zoning code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The granting of the proposed variance <br /> will provide the best access to direct sunlight attainable within the property <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 /> Staff has completed a preliminary review of the project for compatibility with the septic system, <br /> and has determined that the project is not likely to impact the existing or future septic sites. <br /> Practical Difficulties Statement <br />