Board of Appeals grants variance for large ground-mounted solar array at 603 Washington Ave

The La Plata Board of Appeals voted June 24 to grant variance VAR-0002-2025, allowing a 2,059-square-foot ground-mounted solar array to remain in the front yard of 603 Washington Ave.

The board reached the decision after staff and the applicant’s solar contractor testified that the homeowner had limited feasible locations for the array because tall trees off the property would cast shadowing on any rear-yard placement. Director Dooley told the board staff’s review and the applicant’s contractor concluded “the only viable location for the array is the north yard.”

Board members weighed statutory variance factors from the town zoning code and several practical considerations: the house is set far back on a corner lot, trees that affect shading are not on the owner’s parcel, and the building permit for the array had been issued and finalized before a neighbor complaint prompted review. The board’s discussion noted the town’s permitting error, the financial cost of removing or relocating the system, and uncertainty about whether the town could legally rescind a finalized permit.

Applicant Henry Mitchell, sworn in at the hearing, said he believed the permitting problems resulted from a town error and that moving the system would impose an extreme financial burden. “I was emailed the paperwork and told sign this and we'll take care of it,” Mitchell said, describing how he relied on the contractor and permitting process. He told the board that removal would be costly and disruptive to his household.

Ryan Mucha, project manager for Solar Energy World LLC, described the contractor’s site work and permitting timeline and urged the board to consider the economic impact of forcing the array’s removal. Mucha said the contractor’s analysis found no practical alternative location on the parcel and that, while mistakes can occur in construction and permitting, the company was prepared to help find a workable solution.

A neighbor, identified in the record as Miss Enos, testified in favor of granting the variance, saying the array is largely screened by trees, is not an obvious safety hazard and delivers power to the local grid. “They’re not beautiful, but the town made the mistake. Why would you put the burden of your mistake back on the citizen?” she told the board.

Board members and staff also focused on statutory definitions. The hearing record cites sections of the La Plata zoning code, including the accessory-structure definition and the variance standards (town code sections cited in the staff packet). Members debated whether a ground-mounted solar array should be treated as an accessory structure or as a utility-related installation needing a special exception; several members recommended that the town council clarify the code to avoid similar disputes.

After deliberation the board moved to adopt the draft resolution with the on-record changes discussed at the meeting and to grant the variance. The resolution was approved by the eligible voting members, and the board directed staff to prepare the final written order for the record.

The Board of Appeals’ vote resolves the long-running dispute for the homeowner but leaves open a municipal policy question: board members urged the town council to update the zoning code to more precisely address ground-mounted solar and other utility installations on residential lots. The board also noted it would work with staff to finalize the resolution language and send recommended clarifications to the council.

The hearing adjourned at 7:37 p.m.