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6251 Teton Variance Staff Report Project: Solar Variance Request (Planning Case 2024-07) Planning Commission Review Date: June 18, 2024 60 Day Action Deadline: July 16, 2024 Drafted By: Rachel Arsenault, Associate Planner Staff Report Date: June 3, 2024 SUMMARY OF REQUEST: The applicant is requesting a variance from Division 20-XXIII-10 Accessory Solar Energy Systems, they are proposing a ground mounted accessory solar system located in the rear yard behind the accessory structures on the property. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. LOCATION: 6251 Teton Lane, Excelsior, MN 55331 (Subject Property) APPLICANT: TruNorth Solar LLC and Gary & Karen Dohse OWNER: Gary & Karen Dohse CURRENT ZONING: Residential Single- Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 2.13 Acres PROPOSED MOTIONS: “The Chanhassen Board of Appeals and Adjustments approves the requested ground mounted solar energy system variance for the construction of the system at 6251 Teton Lane subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” 6251 Teton Lane June 3, 2024 Page 2 of 5 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi -judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a variance from Division 20-XXIII-10 Accessory Solar Energy Systems, which requires that solar energy systems shall be attached to a building or shall demonstrate by credible evidence that such system cannot feasibly be attached to a building due to structural limitations of the building. The applicant is proposing a ground mounted accessory solar system located in the rear yard behind the accessory structures on the property. APPLICABLE REGULATIONS • Chapter 20, Division 3, Variances. • Chapter 20, Article 20-XXIII, Division 20-XXIII-10 Accessory Solar Energy Systems • Chapter 20, Article 20-XII “RSF” Single-Family Residential District BACKGROUND The property is located on the North side within the City of Chanhassen limits. The zoning district is Residential Single-Family with a minimum lot size of 15,000 square feet, this property is 92,782.8 square feet in size (2.13 acres). The lot is wooded around the property lines which would serve as natural screening for a ground solar installation. The maximum permitted hard coverage is 30% by code, the proposed hard coverage after the installation is 12%. ZONING OVERVIEW Division 20-XXIII-10 Accessory Solar Energy Systems requires that solar energy systems shall be attached to a building or shall demonstrate by credible evidence that such system cannot feasibly 6251 Teton Lane June 3, 2024 Page 3 of 5 be attached to a building due to structural limitations of the building. The City code does not have measures or alternate regulations for external limitations such as shade from trees or buildings that would allow for administrative approval of a solar energy system to be located on the ground, if the structure the solar panels would otherwise be located on was deemed structurally substandard. The ground mounted solar energy system will be located outside of the required setbacks from the property lines as established by the Accessory Solar Energy Systems code and the applicable Residential Single-Family code. The system will be setback 365 feet from the front (West) property line, 55 feet and 130 feet from the side (North & South) property lines, and 55 feet from the rear (East) property line. The system will measure 13’ 8” deep and 43’ 7” wide. The system will have a total height of 10 feet 5 inches, which is within the allowed 20 feet of height for accessory structures. 6251 Teton Lane June 3, 2024 Page 4 of 5 ANALYSIS 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance fulfills the intent of the chapter through its screened design and is found to be consistent with the comprehensive plan. 2. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The requested variance is due to practical difficulty of inadequate access to direct sunlight caused by trees not planted by the homeowner that limit the square footage of roof available for solar installation. 3. “That the purpose of the variation is not based upon economic considerations alone.” There is no financial gain or economic consideration for the proposed ground mounted solar array compared to a roof mounted solar array. 4. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The trees located on the property that hinder the solar installation on the roof are mature trees and their proximity to the home creates a hardship as a result of the shading of the roof not created by the landowner. 5. “The variance, if granted, will not alter the essential character of the locality.” The applicant has proposed a location that is screened from view of the right-of-way by the structures on the property. Additionally, the proposed location is screened from view of the neighboring properties with vegetation. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” The proposed ground mounted solar energy system is not an earth-sheltered construction and therefore not applicable. 6251 Teton Lane June 3, 2024 Page 5 of 5 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action. “The Chanhassen Board of Appeals and Adjustments approves the requested ground mounted solar energy system variance for the construction of the system at 6251 Teton Lane subject to the conditions of approval and adopts the attached Findings of Facts and Decision.”