The Duluth City Council convened to hear an appeal from property owner Katherine Mueller regarding a denied variance for a side yard setback, which would allow for the construction of a detached garage equipped with a solar array. The planning commission had previously rejected the request, citing that the property did not meet the necessary criteria for a variance as outlined in the Duluth Unified Development Code.
During the hearing, Mueller argued that the variance was essential for ensuring adequate sunlight exposure for the solar array, which would provide electricity to both the garage and her home. She emphasized that the strict application of the zoning requirements would result in practical difficulties, as the positioning of the garage in compliance with the setbacks would lead to shading from her existing house.
The planning commission's decision was based on several factors, including the assertion that the property’s circumstances were not unique and that other properties in the vicinity faced similar topographical challenges. City staff representative Ryan Pervin noted that the potential loss of solar energy was minimal, estimating a negligible annual impact of approximately $23 based on current energy rates.
Council members engaged in a robust discussion, questioning the practical implications of granting the variance and whether alternative solutions for solar installation existed without the need for a variance. Mueller maintained that her request was reasonable and aligned with state policies promoting renewable energy, arguing that the denial of the variance would hinder her ability to utilize solar energy effectively.
The council is expected to deliberate further and make a decision during their regular meeting later in the evening, where they will consider the evidence presented and the legal standards required for granting the variance. The outcome could set a precedent for future variance requests in the city, particularly those related to renewable energy installations.