11 ATTACHMENT 04 - Laserfiche WebLink

Mr. Walterson would be protected from the installation of future trees or shrubs on the adjacent properties if they were to cast a shadow greater than 10 percent of the collector absorption area at any one time between the hours of 10:00 a.m. and 2:00 p.m., local standard time. Staff notes that any violation of the Solar Shade Control Act would be a civil (private) matter between property owners and the City would not be responsible for enforcing. Although there are no State laws applicable to the proposed structures' affects on Mr. Walterson's PV panels, staff requested the applicant provide a shadow study which would show the shading of the proposed homes located immediately west of Mr. Walterson's PV panels. The applicant's architect had provided a shadow study for the City Council hearing (please see Exhibit G, Attachment 2) showing the shading from the proposed front yard trees and from the proposed homes. The applicant's shadow study indicates the shading at 2:00 p.m. on the day of the year when the sun reaches its lowest level, December 215t, thereby casting the longest shadows. Staff notes that 2:00 p.m. was selected for the applicant's shadow study because it is the latest time considered for impacts by the State Solar Shade Control Act. The applicant's shadow study shows there would be no shading impacts from the proposed front yard trees. The study shows there would be some, but minimal, shading impacts from the proposed buildings (staff notes that the shading on the neighbor's roof is shown as the hatched area and that the western PV panel array does not extend to the edges of the root). At the Council meeting, Mr. Walterson voiced concerns regarding shading impacts and indicated to the Council that he was going to have an independent shadow study done. Councilmember Sullivan requested a copy of the neighbor's shadow study. The neighbor's shadow study has been attached to this report (Exhibit E). The neighbor's shadow study appears consistent with the applicant's shadow study for 2:00 pm on December 215t except that the applicant's shadow study did not include the shadows cast by the chimneys of the proposed homes. The neighbor's shadow study also shows the shadows cast at 4:00 pm on December 21st and includes a separate sheet showing the shadows at 2:00 pm and 4:00 pm on March 21St and September 21St. In response to the Council's comments, the applicant created several conceptual site plan revisions before selecting his preferred site plan. Prior to proceeding further with plan revisions, the applicant requested a Planning Commission work session to obtain the Commission's feedback on the revised site plan as well as any other items it would like addressed. The work session will also provide the public with an opportunity to comment on the revised site plan and development of the site. After the work session, the applicant would determine the plan revisions to make and return to the Planning Commission with the revised plans for its review and recommendation. The revised plans and the Commission's recommendation would then be brought back to the City Council for review and final determination. PUD-82 Work Session Page - 4 - February 9, 2011