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HomeMy WebLinkAbout07D Solar Ordinance Amendment City Council Action Request Cottage � Grove �here Pride and P�OSPerity Meet Meeting Date 2/7/2018 Department Community Development AgendaCategory ConsentAgenda Title Solar Ordinance Amendment Staff Pass Ordinance 990 amending City Code Title 11-4-10, Recommendation Solar Energy Systems, which would allow solar energy systems on top of residential accessory structures in all zoning districts and increase the cumulative solar panel area from six square feet to 16 square feet without requiring a building permit. Budget Implication N/A Attachments Solar Ordinance CC Memo.tif 34.75MB Solar Ordinance Bldg Official Memo.tif 2.52MB Solar Ordinance.tif 234.43KB Solar Ordinance PC Minutes Excerpt 2017-12-18.tif 5MB Solar Ordinance PC Minutes Excerpt 2017-11-27.tif 5.84MB Solar Ordinance PC Minutes Excerpt 2017-10-23.tif 12.38MB I I Cottage J Grove �here Pride and PCOSPerity Meet TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: John McCool, Senior Planner Bob LaBrosse, Chief Building Official DATE: January 8, 2018 RE: Proposed Solar Energy System Ordinance Amendments Introduction Proposed solar ordinance amendment permitting solar energy systems on the rooftop of accessory residential structures in all zoning districts and solar device size limitation not requiring a building permit. � �� �. � . �; -. � �,; � ��- '', �� r�f� °� „ ' ,,' ..t 'y �"�r ',���� : . �itM. �,7,s* a �'a.'E=-t � s*:%S �55'� .,r�r.e'y� s'� ':� ��$°e .'��",�` .. I . �µ . k ' � �� �* � �� ~ .— . . . - — __ '_—' — _ "� — P C i��� � A ,F :'�•.- ,1 � �� __--.�— � � � � J .�' f ��[�� � �� ` �3 �;iM� q`�V7... . `�i " . . . f'.�_ - �_ I T.r,,, _ ��..• _ �- - dL � � i '-��_, �•� d" :.�-� . _ �� • .. :X;-' �: .. � .,y�� ,°. �^ . h.xP;, .._ �:.. F , Illustration of Solar Collector System on Accessory Residential Structure Background The City's Solar Collection System ordinance (City Code Title 11-4-10) was adopted on October 7, 2015 (Ord. No. 948) and later amended on July 19, 2017 (Ord. No. 985). Both ordinances prohib- ited solar panels on the rooftop or exterior walls of residential accessory structures. Last September, a resident filed a building permit application with the City to install solar panels on their detached garage roof. The building permit application was returned to the property owner be- cause the City could not issue the building permit since the ordinance prohibits solar panels on accessory structures in residential districts. At the October 23, 2017, Planning Commission meeting, staff reported that during the 2015-2016 timeframe when the solar ordinance was being prepared, the Planning Commission had expressed concerns for potential adverse impacts to neighboring property values, glare issues to neighboring residents, inconsistent architectural characteristics within neighborhoods, and that minimum side Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems—Ordinance Amendments January 10, 2018 Page 2 of 6 and rear yard setbacks for accessory structures (typically six feet) are relatively too close to adjoin- ing properties. It was also noted that the maximum height for accessory structures is generally less than the maximum height for principal residential structures and may potentially create nuisance glare to taller neighboring residential structures, or the taller principal structure would potentially shadow a smaller accessory structure. Planning Commission members generally supported an amendment to allow solar panels with certain limitations on residential accessory structure roof- tops. Some Commission members expressed an interest in reviewing these types of solar applica- tions on a case-by-case basis and generally did not support solar panels on pergolas, play equipment, small utility sheds, or carports. At the November 22, 2017, Planning Commission meeting, there was a general consensus to in- crease the six square foot maximum area for the cumulative solar device area to something be- tween 12 square feet to 200 square feet. City staff believe the cumulative area should not be larger than 20 square. For this reason, the draft ordinance amendment was prepared as such. Please note that the current solar ordinance (City Code Title 11-4-10(C)) already includes a regulation that roof-mounted solar energy systems must be flush mounted on pitched roofs. For this reason, the proposed ordinance amendment does not change this regulation. Since the Commission directed city staff to increase the cumulative area for solar devices that do not require a building permit from six square feet to a larger number, it was questioned why the or- dinance would the prohibit those solar devices on arbors, benches, doghouses, play sets, garden decorations, pergolas, carports, firewood cribs, or similar accessory structures. For this reason, the solar ordinance text amendment proposed a 20 square foot cumulative solar panel area for uses that would not require a building permit. Examples of smaller solar collection devises not requiring a building permit are illustrated below. -- �-�,.-�,�. �. _ _ - _ � a _ � � _ __ � � � � �.__ � _� .� �. ��—��,-------- ° _ - ��,�� � -�k� - — -- - — �, - � .� �_ s � - - - �� y . � 3���.� �– t>�I � '� '� 'a ' '�-- .�— �� � •ivxHa�a� � � ' _`T•_ � ___ __ ' R � . '�"'1�►4':��i: � �= �` t — � `�a '� �`,+� ��'���� � �' '` � � � '., � �#��� � � ; � ",' `;��, '�.`�,s . �� _ �I � _ �? y �g5, �"� - � - �r�y+'��,�"s.�F-r �� ,:„i,*"4�' ^,� � • �.s � r � � — -`p � �d � `��'�'���y — z..i,"r�'� a.���t" ,.t... ,ia:.`�r"s'�'„'��� �� _ �: Examples of Small Solar Collection Devices in Residential Zoning Districts Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems—Ordinance Amendments January 10, 2018 Page 3 of 6 City Attorney Comments The City Attorney reviewed the proposed solar energy text amendment and found the proposed amendment reasonable if the City desires to allow solar collection systems on residential acces- sory structures and increasing the total cumulative area for a solar device from 6 to 16 square feet. The City Attorney assisted city staff in preparing the draft solar collection system ordinance amendment and has reviewed the draft ordinance amendment for completeness. Planning Commission The Planning Commission held a public hearing regarding the proposed solar energy system ordi- nance amendment based on suggestions by the Planning Commission at their October 23, November 27, and December 18, 2017 meetings. At the public hearing, Commission members discussed the proposed size limitation of solar collec- tor devices that would not require a building permit. Commission members considered the pros and cons of allowing certain smaller solar collection devices without requiring a building permit. Concerns were expressed for the potential of certain solar panels being too large in a residential neighborhoods and safety concerns for the amount of electricity that might be generated without some type of inspection by the City's Building Division or State Electrical Inspector. The Planning Commission recommended that the cumulative area for solar collection systems not requiring a building permit be a maximum of 16 square feet. Since the Planning Commission meeting, city staff has researched additional information regarding city versus state inspection requirements for small solar devices. Without question, solar devices not requiring any electrical wiring do not require any permit. Examples of these systems are shown below. _ � �.. � _ __ _ . '� �1✓��� i '�� ,�- I � ��. _ _ _ � � . � y �:��. p � � . � " R � _ �: _ .L � /. 4.: �w�. ��-:�' :.i�. �P � �_" • - � �'�''� y �..� � � � � a� �h r - � , ,.,,,. - , i �����' p �#s" ��� ���`"'�.. �s�^ � _� � _. ���1�! R� . . . Small Solar Accent Lighting Small solar systems powering accent lighting, phones, tablets, laptops, and recharging a power system (battery) generally will not require a building or electrical permit. These systems have a solar capacity of 7 to 150 watts (8 to 22 volts), generally convert solar power currents from DC to AC, and are not connected to Xcel's electric grid system or the electrical wiring within houses or accessory structures. A Watt (W) is the electrical unit of electric power. It measures the rate of consumed energy. A Volt (V) is the energy that is consumed when electric charge flows in the circuit and an Ampere (A or Amp) is the electrical unit of electrical current. It measures the amount of electrical charge that flows in an electrical circuit per one second. Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems—Ordinance Amendments January 10, 2018 Page 4 of 6 The components necessary to complete small solar systems include charge controller, batteries, solar panel, and cables. An example of these types of small solar systems is shown below. -_�� � .. - - ,..�� u �,�� ,i s .� �' � � . ; 6� � l�� g �� � � . �� � . _ ' � �`�3..� ! ��� � _���„�� �-� � �,R�', . .� .-. ,o. � � � � �� e � �_ I — il � F �:.,� a��, . _ . .�•,. _ _ Small Solar Power Systems with Battery Storage A 150W off-grid solar power system can help power a decent amount of electronics in a small cabin, motor home, or accessory structure. It depends on how many hours a person needs to run the electronics, storage capacity for the battery, and the quality of the major components. An example of this type of system is shown below. This 150W off-grid solar power system shows a "� solar panel that weighs approximately 26 pounds � �'` with a 60-inch length, 27-inch width and 2-inch depth • ' � � � for a total solar panel area of approximately 11.25 square feet. .� ��� _ � � �n� � w �k T�. � '� _ .. '-k . i` � 4 � �r� ��j����.� q " I k Va'��' �*� �G a+4�; � G �L 1' P��n�¢. "-� I '. 9T" .�. ._ .— _ . .. ` .�;, .� . ..�g �_.� ' : .a . . . � / i . '4 �. . - ' C � �a P '7 .� � -,�_��E` � �•'�+a:,�i aYye ���L11�`��� Lt ,�ir{� . ,'- - _ ''�'� �. . t."a "' r '� � � _ .� . - ... ., . _ � , _. �� � , . , '� _ � "���' e�,.'��� �`��`''� �..,:.. - ,`' �- �; :,�. � � .� •��;�T'F �s'.� . �,=' YT*'�µ.� �� '4�� .- � " -� ae�.y �e.��'�� J�• — f� y.. .�1� � � � ��`��� �.�— _ � e � - �• `� �'. �� 150W Off-grid Solar Power System Example Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems—Ordinance Amendments January 10, 2018 Page 5 of 6 A 450W off-grid solar power system is ideal for light power usage with the ability to run small 120-volt appliances, such as a microwave (for short periods of time), LED lighting systems, or a small refrigerator or water pump. An example of this type of solar power system as shown below has three solar panels, each weighing approximately 26 pounds with a 60-inch length, 27-inch width, and a two-inch depth for each solar panel. The cumulative solar panel area for this example is approximately 33.75 square feet. Some systems generating similar electrical power and storage capacities could have components that are smaller or larger, depending on their design, technology, and effieciencies. �. _ �. N �� _ �..�. �; r �� ���.� .5 F � . 4!� = - - � _ - : - � �_ _ n��7rn�mr�+r�w� r,�at�ru�uT� - . r �r,,,r ,r rr,xr-ri�i�+�n!�n��nn. �.•� �adr �ril'drw,rll�lfr!��'rr�i�llll�i Y ��L'.fl�l�i lp��Ai!IIliiUl ' �� ^y!� � : �' 3 �� . � � . -. _ l�1'J i.fF f !1�1�l� ��`�11'fHlrl� � q��d �.. i r ^•�.rs 4f11'ifl�' 9� � �)� s+}Iffiil��idl� . . ►P ll f{i1R ' f� "�'�N��U '4t���r T —� � � =r� d rr.��r�,�i �r�� ����� � �r' , ��IM, �� � .�,,'� --_ - .�w . �f,11�F�,��f�i; _ , ' . "� �,��y, ��'� - . �` �w" �_-"^� +•�:,, � On December 18, 2017, the Planning Commission, on a 6-to-2 vote, recommended to the City Council that the proposed solar energy ordinance be approved to allow solar energy systems on top of residential accessory structures in all zoning districts and increasing the cumulative solar panel area from 6 square feet to 16 square feet for systems not requiring a building permit. Building lnspections Chief Building Official Bob LaBrosse discussed this matter with the Minnesota Department of Labor and Industry's Electrical Inspector. It was determined that solar devices that are not connected to an electrical power grid system (e.g.; community solar garden or "sell-back" program) or requires any electrical wiring not attached to the electrical grid will be exempt from both building and electri- cal permits. A copy of Mr. LaBrosse's memorandum dated January 11, 2018 is attached. So/ar Collection Ordinances in Other Communities A summary of solar energy ordinance regulations for 13 other cities in the metropolitan area was provided to the Planning Commission. The comparison of certain ordinance regulations indicated that four of these communities did not specifically address solar devices on accessory structures nor did they reference specific limitations or restrictions (i.e. maximum height, size limitations, set- backs, etc.). In most cases, a building permit and compliance with state electrical code regulations are required. Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems—Ordinance Amendments January 10, 2018 Page 6 of 6 The other nine communities had varying regulations for solar panels on accessory structures. Most ordinances stipulated that the solar panel must be flush mounted to the roof and must not extend beyond the roof area. A couple ordinances required that the maximum coverage area on the roof is 80 to 85 percent. Only one community required a conditional use permit, only in the event that the solar panel would be more than three feet above the roof and visible from the street. A table sum- marizing basic ordinance regulations by these 13 communities is attached. Draft Ordinance Amendment An amendment to City Code Title 11-4-10, Solar Energy Systems, allowing solar collector sys- tems on accessory structures was prepared for your consideration. The proposed solar ordi- nance amendment is summarized below. The definitions for accessory structure and principal structure are not proposed to change. Both definitions currently read as follows: "Accessory structure is an uninhabited subordinate building or structure that is detached from the principal structure on a lot of record, the use of which is subordinate to the principal use on the property." "Principal structure is a structure which determines the predominant use of the lot on which it is located." Solar collection devices are allowed on accessory structures, but the accessory structure must have a minimum of 200 square feet of floor area and complies with all the accessory structure reg- ulations (i.e.; setbacks, height, and size) for the zoning district the property is located in. The roof-mounted solar panels must not extend beyond the exterior perimeter of the roof and not have a pitch steeper than the roof pitch for the accessory structure. Solar collection devices less than 16 square feet could be on arbors, benches, doghouses, play sets, garden decorations, pergolas, carports, firewood cribs, or similar accessory structures. If a 16 square foot solar device is not on these types of accessory structures, then they become free- standing. The current solar ordinance requires a minimum lot area of five acres in order to have a freestanding solar device. Recommendation A copy of the draft solar collection system ordinance amendment as recommended by the Plan- ning Commission is attached. The City Council is asked to consider the adoption of the solar en- ergy ordinance amendment allowing solar energy systems on top of residential accessory structures in all zoning districts and increasing the cumulative solar panel area from six square feet to 16 square feet without requiring a building permit. Cottage � Grove �here Pride and PrOSPerity Meet To: Honorable Mayor and City Council Charlene Stevens, City Administrator From: Bob LaBrosse, Building Official Date: January 11, 2018 Subject: Solar PV Systems — Permits Required The Planning Commission has been reviewing the solar ordinance and inquired as to the Minnesota State Building Code interpretation of requirements. Solar Photovoltaic (PV) installations must comply with the Minnesota State Building and Electrical Code. Building and electrical permits will be required for all solar PV installa- tions that are connected to the electrical grid. Small solar lighting, such as walkway ac- cent type lighting or systems that recharge battery devices that do not require electrical wiring and/or are not attached to the electrical grid, would be exempt from both building and electrical permits. Further research has determined that panels measuring a maximum of 20 square feet or less would not impose a significant weight, wind, or snow load to require review of the panel mounting system. The main determination if an electrical permit is required for any PV system is if the electrical wiring and/or connection is connected to the electrical grid. CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXX 1 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA z AMENDING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 4, SECTION 10, 3 SUB-SECTIONS (C)(3) and (D)(7), REGARDING ROOF-MOUNTED SOLAR COLLECTOR 4 SYSTEMS ON ACCESSORY STRUCTURES 5 6 � The City Council of the City of Cottage Grove, Washington County, Minnesota, does s hereby ordain as follows: 9 Zo SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, County of 11 Washington, State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section (C)(3) is hereby 1z amended as follows. The underlined text shows the proposed additions to the City Code and the 13 ��r����text shows the deleted wording: 14 15 SECTION 10 16 SOLAR ENERGY SYSTEMS 1� Zs 11-4-10: SOLAR ENERGY SYSTEMS: 19 zo C. General Standards z1 zz 3. Roof-mounted Solar Energy Systems: 23 z4 a. Roof mounting devices and roof mounted solar energy systems shall be flush mounted z5 on pitched roofs, parallel to the roofline. 26 z� b. Roof-mounted solar energy systems mounted on a flat roof of a building located in a zs nonresidential district may be mounted at an angle to the roof to improve their efficiency; z9 however, the highest point of a solar collector shall not be more than five feet (5') from 3o the surface of the roof, measured in a straight line above the roof upon which the solar 31 collector is mounted. 32 33 c. Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of 34 the building on which the system is mounted or built. 35 36 d. Exterior piping for solar hot water systems is prohibited to extend beyond the perimeter 3� of the building. 38 39 e. Roof-mounted solar energy systems shall comply with the maximum height 4o requirements for the zoning district in which they are located. 41 4Z f. 17nnf_mni�r���l�r or� �i c�ic�ol'1'1 j �ro r�rnhihi�oiJ nr� �n�snr�i c�ri�n�-oc ir� rcvvrTrrv-arrc rcr��rr�cGTT cca�ac vr��crac Ti��rrT 43 r,�;��t+a��e^�^�t�+c�s�. Roof-mounted solar enerpv svstems are permitted on 44 certain accessorv structures in residential zoninp districts, subiect to the followinp 45 performance standards: 46 4� (1) The accessorv structure must have a minimum of 200 sauare feet of floor area 4s and must complv with all accessorv structure repulations for the zoninp district the 49 propertv is located in. City of Cottage Grove, Minnesota Ordinance No. XXX Page 2 of 2 50 51 (2) The roof-mounted solar enerpv svstem must not extend bevond the exterior 5z perimeter of the roof and must not have a pitch steeper than the roof pitch on 53 which the collector is mounted on. 54 55 SECTION 2. AMENDMENT. The Code of the City of Cottage Grove, County of 56 Washington, State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section ( D)(7) is hereby 5� amended as follows. The underlined text shows the proposed additions to the City Code and the 5s ��r����text shows the deleted wording: 59 6o SECTION 10 61 SOLAR ENERGY SYSTEMS 62 63 11-4-10: SOLAR ENERGY SYSTEMS: 64 65 D. Additional Requirements 66 6� 7. Special Exceptions: Solar collectors and solar energy systems with a cumulative area of� 6s {�} 16 square feet or less are permitted in all zoning districts and do not require a building 69 permit. Examples of these systems include outdoor accent lighting systems, power supply for �o traffic control systems, powering a water pump for water gardens, telecommunication systems, �1 backup power systems during power outages, and similar solar energy systems. �z �3 SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section �4 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the �5 entire ordinance is available without cost at the office of the City Clerk, the following summary is �6 approved by the City Council and shall be published in lieu of publishing the entire ordinance: �� �s Ordinance XXX allows solar energy systems on top of residential accessory structures �9 in all zoning districts and increases the cumulative solar panel area from six square feet so to 16 square feet without requiring a building permit. s1 sz SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and s3 after its passage and publication according to law. 84 s5 Passed this 7th day of February, 2018. 86 87 88 s9 Myron Bailey, Mayor 90 Attest: 91 92 93 94 Joe Fischbach, City Clerk 95 96 Published in the South Washington County Bulletin on [Date]. EXCERPT FROM UNAPPROVED MINUTES OF THE DECEMBER 18, 2017, PLANNING COMMISSION MEETING 6.2 Solar Ordinance Amendment — Case TA2017-038 The City of Cottage Grove has applied for a text amendment to City Code Title 11-4-10, Solar Energy Systems, to allow solar panels on residential accessory structures. McCool summarized the staff report and recommended approval. Fox asked what the minimum square footage of an accessory structure that requires a building permit. McCool responded 200 square feet. Brittain opened the public hearing. No one spoke. Brittain c/osed the public hearing. Fox asked if building permits are required for carports with posts and a tarp that are over 200 square feet. McCool responded that the City does not allow those types of structures because they are temporary. Mills made a motion to approve the zoning text amendment to allow solar panels on residential accessory structures as presented. Raymer seconded. The Planning Commission held a lengthy discussion regarding the allowable size for solar collection systems. The proposed ordinance would allow up to 20 square feet, which was part of the motion for approval. The discussions included concerns about safety due to wattage and amps of these devices, why 20 square feet was proposed, what direction was provided by the City's Building Division on permitting and recommended sizes, the aesthetics of solar panels, and where they would be allowed on properties. Mills stated that 20 square feet was recommended by staff and she does not want to amend her motion. There was further discussion about the maximum size allowed and the difference between a hobby experience and using solar panels as an accessory power source. Brittain asked Mills if she had any interest in revising her motion or does she want to keep it at 20 square feet. Mills stated that she feels strongly that residents should be able to use this alternative source if they feel it is necessary. She stated that she is keeping her motion as is. After further discussion, Mills amended her motion to 16 square feet if the rest of the Commis- sion is more comfortable with that size limitation. Brittain stated that Mills is revising her motion to reduce the square footage from 20 to 16 square feet. He asked Raymer, who seconded the motion, if she agrees with that modification. Raymer stated yes. Motion passed on a 6-to-2 vote (Fox, Frazier). EXCERPT FROM UNAPPROVED MINUTES OF THE NOVEMBER 27, 2017, PLANNING COMMISSION MEETING 7.1 Solar Ordinance Amendment — Solar on Residential Accessory Structures McCool summarized the staff inemorandum and proposed draft ordinance and asked for di- rection from the Planning Commission as to whether or not to pursue a zoning text amendment to allow solar panels to be installed on residential accessory structures, and if so, what perfor- mance standards would be required. Discussion included if small solar panel kits would be allowed; if the size of those allowable panels could be increased to 20 or 30 square feet from the maximum six square foot size currently allowed; if any negative impacts, such as glare, were found in other communities; allowing carports at multi-unit residential properties to have solar panels; allowing pergolas by pools to have solar panels; requiring solar panels on accessory structures to be flush mounted; having language that solar panels are not allowed on open air structures; not having a defini- tion of an accessory structure if it is over 200 square feet; and whether variances could be granted if a proposal does not meet the performance standards. Kristen Sachwitz, All Energy Solar, 1642 Carroll Avenue, St. Paul, commented that this ordi- nance only addresses residential and not commercial and industrial parcels. She stated that her company has installed solar panels on pergolas, especially on larger lots, and they usually build the pergolas. The 200 square foot minimum triggers a building permit so that has to go through the code compliance review, so increasing the minimum size eliminates a lot of pre- existing accessory structures. Further discussion included allowing them on residential accessory structures of a certain size, whether or not to keep the language that prohibits solar panels on particular types of accessory structures, requiring the panels to be flush mounted, and what size hobby kits should be. Levitt asked that the Commission let staff know what they have consensus on in regards to changes to the proposed ordinance amendment. Brittain stated that there are two concepts — one is supporting the ordinance as written with tweaks to increase the hobby size language, and the second would be to eliminate or modify the paragraph that limits or further defines what accessory structures are excluded. He stated that the common theme is to require the panels to be flush mounted and to increase the size of hobby solar panels allowed. Brittain asked for a vote on who is in favor of supporting the ordinance amendment as pro- posed with the addition of increasing the hobby size and requiring panels to be flush mounted. The vote was 6 to 3 in favor. Brittain asked for a vote on excluding the third paragraph but supporting the hobby size in- crease and requiring panels to be flush mounted on the roof. The vote was 3 to 6. EXCERPT FROM APPROVED MINUTES OF THE OCTOBER 23, 2017, PLANNING COMMISSION MEETING 7.1 Proposed zoning ordinance amendment to allow solar panels on residential acces- sory structures. McCool summarized the staff inemorandum and asked for direction from the Planning Com- mission as to whether or not to pursue a zoning text amendment to allow solar panels to be installed on residential accessory structures. Commissioners had questions about the definition, types, size, and height of accessory struc- tures; if existing solar panels have been installed on attached garages; why would solar panels be installed on an accessory structure versus a taller principal structure; the history of the ordinance; and concerns about glare. Lauri Mueller, 8731 Grenadier Avenue South, stated that she would like to install solar panels on her property and signed a contract in April. The reason she wants to put the panels on her garage is because that is the area that receives the most sunlight. She displayed photos show- ing that there are mature trees in her front and rear yards that block the sun from her house. She cut down a tree by her driveway to allow for better sun exposure to her garage. The garage is large enough to provide 112 percent of her energy usage in solar panels. She showed a mock-up of the proposed solar panels on her garage noting that they would be black in color. She hopes Cottage Grove would encourage the use of solar power and not put up roadblocks for those interested. She asked why those with newer houses could install solar panels on attached garages and those in older houses cannot put them on detached garages. She would understand not allowing solar on sheds but garages are typically solid structures. Lutchen asked if the panels would sit flat against the shingles of the roof and there is not going to be any lifts. Kristen Sachwitz, All Energy Solar, 1642 Carroll Avenue, St. Paul, responded that in this instance the panels would be flush mounted, which means they run parallel to the roof surface and would be no more than six inches from the roof surface. Frazier asked how many cities All Energy Solar works in. Sachwitz stated that they work in four states and most of their business is done in Minnesota. This is the only jurisdiction that she has worked in that does not allow solar on accessory structures. She understands some of the concerns that justify implementing that condition in the solar ordinance but thinks some are unfounded, especially regarding glare and structural issues. Most solar panels are installed by professional installers that go through the building permit process. They have done pergo- las but most of them are built in accordance to building code requirements, structural loads, and wind loads. Raymer asked if accessory structure but if it was allowed on an accessory structures could have solar panels on them, would a variance be required because it would be facing the street. McCool answered no; if the ordinance allowed for solar on accessory structures, we would have issued the permit. Brittain asked if the ordinance remained unchanged, would that be something that a variance could be granted for. McCool responded they would have the option of applying for a variance Excerpt from Approved Planning Commission Minutes Solar on Residential Accessory Structures October 23, 2017 Page 2 of 2 or requesting a zoning text amendment. He noted that in the foreseeable future if several people ask for a variance to allow solar on accessory structures, it would probably be better to just change the ordinance. Brittain expressed concern about allowing solar panels on all structures until there is more data. If at some point there are a lot of variance requests, he would be supportive potentially of an ordinance amendment. There was discussion about whether a conditional use permit process could be utilized for solar installations in residential areas or if the variance process is better. The Commission also believes Mueller's property could be a candidate for a variance. There was concern about discriminating against older properties that have detached garages, and about how to define an accessory structure, and being the only city not allowing panels on accessory structures. It was suggested that instead of redefining what an accessory structure, to have setback, build- ing code conformance, and other requirements. McCool provided the timeline on the solar energy system ordinance, which was first adopted in 2014 and amended in 2017. Questions about what the panels look like and if there are panels that look like shingles that would blend into the roof better. Sachwitz explained about the different types of solar panels available, noting that there are technical spec sheets for the different types that address the materials and anti-reflective coatings. Burbank explained that he did the initial review of the building permit application and found that it did not meet the current ordinance. Staff had several discussions on finding a solution for the homeowner and one of things talked about is that because this is a prohibited use, a variance can't be granted. The City can grant variances for setbacks and dimensions for per- mitted uses, but can't grant a variance for something that is not permitted, which is why we are having a discussion on an ordinance amendment. It would either be to keep it as prohibited or find a way to modify the ordinance to allow for it, such as it can only be on an accessory structure of a minimum size or to have minimum setbacks or other requirements. Brittain asked if he misunderstood about granting a variance. McCool stated that the City Attorney would need to offer an opinion. The Commission asked for the City Attorney's opinion on whether or not variances can be granted and for information on what other cities allow for solar energy systems in residential areas. They also requested that if variances cannot be granted, to provide draft language on how the ordinance could be amended to allow solar on residential accessory structures. Some suggestions for language included allowing it on the detached garage if there is no attached garage or basing it on a minimum square footage basis.