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Home My WebLink AboutResolution 6776III 1111111111111111111111111111111111 Doc No A10464977 Certified, filed and/or recorded on Jul 24, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 71 Pkg ID 1579750D Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 6 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1379 FILE NO. 17-3943 WHEREAS, on May 17, 2017, All Energy Solar ("Applicant") on behalf of Lary Baran (Owner), applied for a variance from the City Code for the property addressed 480 Stubbs Bay Road and legally described as: Attached as Exhibit A (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variance to Orono Municipal Zoning Code Sections 78-1379 to allow a solar array to be mounted on the ground, where they are only permitted to be located on a structure; and WHEREAS, on June 19, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 19, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on July 10, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3943. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RRA B Rural Residential Zoning District. 3. Applicant has applied for a variance from 78-1379. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 6 4. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Within the city zoning ordinances the city states "it's is the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation" (Sec. 78-1379, b.) The proposed ground mount accomplishes just that. 2. The variance is consistent with the comprehensive plan. The vegetation cover terrain and structure orientation are unique characteristics that affect adequate access to direct sunlight. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of any other building or structure in the proposed location would be permitted, only because the structure collects sunlight and transfers the energy is it prohibited. b. There are circumstances unique to the property not created by the landowner; Neither the orientation of the roof, nor the size of the roof where explicitly established by the homeowner. and c. The variance will not alter the essential character of the locality. The existing vegetation and grading remain intact. The location of the proposed ground mount is well screened from the road richt-of-wav and neiahborina properties. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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. The requirement to place the array within the specific location of the yard to gather maximum sunlight is the reason for the variance, and is an established practical difficulty. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. Alternative energy systems are permitted in the zoning district the property is located in CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6776 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family; dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The specific topography of the property the vegetation coverage and the orientation of the house do not allow for the most adequate access to direct sunlight except for the proposed location. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the proposed variance is in accordance with the intent the city's land use plan, "Private stewardship of land and resources is preferable to inflexible public control." 11. 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 granting of the proposed variance is in accordance with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The granting of the proposed variance will provide the best access to direct sunlight attainable within the property CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1379 to allow a ground mounted solar array, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the approved site plan submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a permit and commencing construction. A footing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 10, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 61776 ADOPTED by the Orono City Council on this 10 day of July, 2017. ATTEST: a,_ -- Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor CITY OF ORONO RESOLUTION O6776 HE CITY COUNCIL NO. 7 7 6 Exhibit A The South 400 feet measure along the West line thereof that part of the Southwest quarter of the Northeast quarter of Section 32, Township 118, North Range 23 West of the 5th principal meridian, lying North of the South 10 acres of said Southwest quarter of the Northeast quarter and Southwesterly of the right-of-way of the 1 st addition of the St. Paul and Pacific Railroad Company, Hennepin County, Minnesota. 1�1"� i�at:aaarara�s 7�°718rRC7 ' f:J!!'^14i+lLfl-s Ir /ALL ENERGY :OMPANY INFORMATION ALL ENERGY SOLAR, INC 1642 CARROLL AVE ST PAUL, MN 55104 (800)620-3370 INFOCALLEN ERG YSOLAR.COM CLIENT INFORMATION LARRY BARAN 480 STUBBS BAY RD LONG LAKE, MN 55356 PO 14778 SYSTEM DETAILS NOTES: 1. (1) SOLAR EDGE SE760OA-US INVERTER(S) 2. ARRAY 1: 180° AZIMUTH, 35° TILT (28) HELIENE MIM 320W = 8.96kW 3. DIMENSIONS ARE BASED ON FOOTING FOUNDATION. 4. ARRAY SQFT: 236 REVISIONS LAST: 0618117 GB 1"=30' AZIMUTH PROJECT -PAGE TITLE Wetland Map PAGE NUMBER A