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11-09-2011
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11-09-2011
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November 9, 2 <br />Lake Road., additionally the applicant's plans depict a 4' fence when the code only allows a <br />3 'h' fence in the front yard. The applicant has agreed to reduce the fence height to 3 '/2'. <br />Both Public Safety and the Building Official have expressed concerns with regard to fire <br />safety. The proposed improvements include reduced setbacks of 4' and 8' when 30' are <br />normally required adjacent to Old Highway 8 SW and Long Lake Road. Zoning Code <br />Section 8-210 allows the granting of a Variance when it meets the standards of Minnesota <br />Statutes, Section 462.357, subdivision 6. The statute requires practical difficulties <br />preventing compliance with the ordinance, this language was recently changed from a <br />hardship requirement, and is generally thought to be more lenient. <br />Staff considered the following factors as practical difficulties unique to this property: <br />• Triangular shape <br />• Streets on all sides (defined fronts for enforcement of setbacks) <br />• Buildable area is roughly only '/< of the total land area of the lot — setbacks <br />overlay resulting in highly reduced buildable area <br />• Unusually wide undeveloped boulevards on Long Lake Road and Old <br />Highway 8 SW of 25' and 50' are present providing adequate separation of <br />the array structure from the road. <br />The Planning Commission and Staff recommend the council adopt the Resolution approving <br />the Site Plan, Variance, and Nonconforming Use Permit, subject to the following conditions: <br />• Construction of the array is consistent with the submitted plans. <br />• The outdoor storage is removed prior to issuance of building and/or electrical <br />permits. <br />• The proposed fence is reduced to 3 '/z feet in height. <br />• The ornamental grasses and sunflowers are extended around the Old Highway <br />' 8 SW side of the array. <br />• If the array is no longer producing energy, it shall be removed from the <br />property within 6 months of it becoming inoperable and the variance will be <br />terminated. <br />• If any portion of the array, most notably the panels, become damaged„ the <br />repairs shall be made within 30 days. <br />Councilmember Bauman reported the array costs $57,000; ofthat there is a $17,100 Federal Grant, and <br />$32,100 is from an Excel Energy rebate. Councilmember Bauman asked if the owner has entered into a <br />20 year contract/agneementwith Excel Energy. John Moore, owner of Barley Johns brmWb reported that <br />the agreement allows Excel to buyback any excess energy off the grid, rioting the likelihood ofhaving any <br />excess energy is very small. <br />Mr. Moore assured the Council that in order for him to get a reriun in his investment, the array needs to <br />remain operational for 20 years. <br />Councilmember Bauman asked Mr. Moore ifhe has completed the clean up of the property. City Planner <br />Gwrdlach confirmed that a code enforcement issue regarding outdoor storage will have to be corrected <br />prior to the issuance of a building permit <br />Councilmember Burg complimented Mr. Moore's coni nitment to the project <br />Motion by Councilmember Phillips, seconded by Councilmember Burg to approve the request <br />of a Site Plan, Nonconforming Use Permit, and Variance to permit installation of a <br />'solar electric array at 781 Old Highway 8 NW, including conditions as stated in the <br />resolution. <br />Page 4 of 6 <br />
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