1. The variance shall be applicable to the property legally identified as Lot 5, Block 1, Beckman's 1st Addition.
2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of approval, the variance approval shall lapse.
3. All City Ordinances shall be strictly adhered to.

All Energy Solar, on behalf of the property owner, Thomas Beckman of 4675 120th St. W. has requested consideration of an accessory structure maximum sq. ft. variance to construct an approximately 813 sq. ft. ground mounted solar array. City code does not permit accessory structures to be greater than 750 sq. ft. in total size.

The 2030 Comprehensive Plan states that “The City will encourage developments to make effective and appropriate use of renewable energy source”. The City has encouraged the construction of renewable energy sources within the community. The 2030 Comprehensive Plan further states that “The City will evaluate methods of protecting access to renewable energy sources, including solar and wind that fit within existing land uses.”

Due to the nature of the site being secluded, and heavily wooded, this array is in a unique position to have little impact to any neighboring properties.

Staff is recommending approval of the variance due to the following practical difficulties.

1. A large portion of the solar array already exists on the roof of the home. The array is being proposed to be moved to a ground mounted system due to continued damage occurring to the roof, and better access to solar light resources.
2. Minnesota Statute 462.357 Sub. 6 paragraph 2 details the requirements for a practical difficulty which includes “inadequate access to direct sunlight for solar energy systems”. Placing the solar array on the slope of the hill and southward facing provides better solar access than by placing the array on either the home or detached garage structures.
3. The City has encouraged residents to incorporate renewable energy resources.
4. This array will not impact adjacent properties with its size due to placing the array 1’ from the ground, following the slope of a hill. Placing the array on the slope of the hill decreases the chance that adjacent properties will be able to view or be impacted by the array.

As stated in the summary section, a large portion of the proposed solar array currently exists on the roof of the home. However, the array is arranged on the north side of the roof due to the home construction. The north side is far less efficient for solar access; the new array is proposed on a southward facing hillside. The current array is also causing damage to the roof’s shingles.

Due to the lot being heavily wooded and the location of the solar array being approximately 220’ from the southern property line, it is very unlikely any other properties will be impacted. By placing the array on the slope of a hill the array is able to be approximately 1’ from the ground. This further decreases the likelihood that a neighboring property will be able to view or be impacted by the solar array.

City code allows for one larger accessory structure with a maximum size of 750 sq. ft. and one smaller structure with a maximum size of 120 sq. ft. The existing detached garage was previously granted a variance to exceed the 750 sq. ft. maximum in 1993. The variance application is seeking to exceed the 120 sq. ft. maximum for an 813 sq. ft. array, or a 693 sq. ft. variance. The City Attorney has been consulted, and the applications are to be reviewed as independent events.

Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available.

Definition of “Practical difficulties”:

• The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code;
• The plight of the applicant is due to circumstances unique to the property not created by the applicant; and
• The variance, if granted, will not alter the essential character of the locality.
• Economic considerations alone do not constitute practical difficulties.

In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter:

1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
    The wooded nature of the property, combined with a large hill allow for the solar array to be more efficiently located on a ground mounted system than on existing structures. Additionally, the visual impact to adjacent properties is less likely due to the proximity of the array to the ground, verses on a rooftop. 

2. The granting of the proposed variance will not be contrary to the intent of this chapter;
   The granting of the proposed variance is not contrary to the zoning chapter, and is consistent with the 2030 Comprehensive Plan goals.

3. The special conditions or circumstances do not result from the actions of the owner/applicant; and;
     The wooded nature of the lot is not due to the owner or applicant.

4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and
    The granting of the variance will not merely serve as a convenience to the applicant, and will alleviate practical difficulties created by the inadequate access to solar energy if placed on the home.

5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
    The variance requested allows for the most efficient solar energy system.