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November 9,2011 Page 4 of 6 Lake Road., additionally the applicant's plans depict a 4' fence when the code only allows a 3 '/2' fence in the frontyard. The applicant has agreed to reduce the fence height to 3 '/2'. 1. onl de ations pp g g 1.Consideration of a Both Public Safety and the Building Official have expressed concerns with regard to fire Site Plan, safety. The proposed improvements include reduced setbacks of 4' and 8' when 30' are Nonconforming Use normally required adjacent to Old Highway 8 SW and Long Lake Road. Zoning Code Permit,and Variance o a permit installation of a Section 8-210 allows the granting of a Variance when it meets the standards of Minnesota solar electric array at Statutes, Section 462.357, subdivision 6. The statute requires practical difficulties 781 Old Highway 8 preventing compliance with the ordinance, this language was recentlychanged from a SW. p g p g Report No. 11-315. hardship requirement, and is generally thought to be more lenient. Staff considered the following factors as practical difficulties unique to this property: • Triangular shape • Streets on all sides (defined fronts for enforcement of setbacks) • Buildable area is roughly only '/4 of the total land area of the lot—setbacks overlay resulting in highly reduced buildable area • Unusually wide undeveloped boulevards on Long Lake Road and Old Highway 8 SW of 25' and 50' are present providing adequate separation of the array structure from the road. The Planning Commission and Staff recommend the council adopt the Resolution approving the Site Plan, Variance, and Nonconforming Use Permit, subject to the following conditions: • Construction of the array is consistent with the submitted plans. • The outdoor storage is removed prior to issuance of building and/or electrical permits. • The proposed fence is reduced to 3 1/2 feet in height. • The ornamental grasses and sunflowers are extended around the Old Highway 8 SW side of the array. • If the array is no longer producing energy, it shall be removed from the property within 6 months of it becoming inoperable and the variance will be terminated. • If any portion of the array, most notably the panels, become damaged„ the repairs shall be made within 30 days. Councilmember Bauman reported the array costs$57,000;of that there is a$17,100 Federal Grant,and $32,100 is from an Excel Energy rebate. Council Business Bauman asked if the owner has entered into a 20 year contract/agreement with Excel Energy. John Moore,owner of Barley Johns brewpub reported that the agreement allows Excel to buy back any excess energy off the grid,noting the likelihood of having any excess energy is very small. Mr.Moore assured the Council that in order for him to get a return in his investment,the array needs to remain operational for 20 years. Councilmember Bauman asked Mr.Moore if he has completed the clean up of the property. City Planner Gundlach confirmed that a code enforcement issue regarding outdoor storage will have to be corrected prior to the issuance of a building permit. Councilmember Burg complimented Mr.Moore's commitment to the project. Motion by Councilmember Phillips,seconded by Councilmember Burg to approve the request of a Site Plan, Nonconforming Use Permit, and Variance to permit installation of a solar electric array at 781 Old Highway 8 NW, including conditions as stated in the resolution.