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e e e building would receive better than an 85 percent savings for space heating purposes. That figure is based on the whole day and the entire heating season from September through March. Mr. Miller pointed out that once a standard is set, someone will exceed the standard by a small amount; he asked how specific the standard would be and whether there is leeway for the developer. Mr. Tumidaj said that for the purposes of the ordinance, chimneys, antennas, and other obstacles are not included in the solar setback. There is a height guarantee in the ordinance and the ordinance attempts to draw a balance between the rights of the buil- der and those of the owner of the existing building. In order to do this, a solar fence defines how much shade can be put on your neighbor1s lot or building. A building height of 24 feet is absolutely guaranteed--the equi- valent of a two-story house. Mr. Holmer asked if an owner could choose to build a house in the shade, and Mr. Tumidaj said that the ordinance makes no prohibitions in this regard. Once the solar fence is determined, Mr. Miller asked if that is an inviolate position--can a variance be allowed? Mr. Tumidaj reported that under unu- sual circumstances, a variance is possible. Mr. Miller suggested that the language of the ordinance should allow flexibility. Mr. Tumidaj said that the ordinance allows for consistent treatment of variances with a range of error allowed to within a foot. Mr. Hansen asked why December 21 was chosen as the standard date. Mr. Tumi- daj explained that the date was chosen as being the day when the least amount of sunlight (longest shadows) would be available in order to achieve a reasonable estimate of savings, which is figured over the entire space- heating period. Mr. Holmer asked if the solar access guarantee was a property right of the shaded property owner and whether the owner could sell the solar rights. Mr. Tumidaj said that the ordinance does not allow an owner to sell solar rights. Ms. Ehrman asked if this right could be sold if the neighbor agreed, and Mr. Tumidaj said no. Mr. Gleason added that the ordinance crea- ted a property right which does not exist at the present, and this right is not transferable. Mr. Tumidaj also added that under the present ordinance, citizens have no inherant right to solar access; the new ordinance would give the government permission to provide this protection for its citizens. Mr. Hansen asked, in this climate, how much heat can be generated in Decem- ber for heating a home. Mr. Tumidaj replied that the choice of December 21 is not the critical point, but that the answer to the question would be around ten percent. The date is simply a reasonable or logical standard by which to measure the rest of the year; other dates could be used which would lead to the same conclusions. Mr. Tumidaj went on to explain that north-south-oriented lots easily comply with the ordinance; other lots are not so conducive to the solar access standard. The ordinance takes this into consideration and provides a more lenient standard for certain types of lots. This leniency acknowledges that the desired solar access may not be possible in some situations. Exemptions MINUTES--City Council Work Session April 14, 1986 Page 2