Laserfiche WebLink
MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,January 22,2019 <br /> 6:30 o'clock p.m. <br /> Helgerson indicated a temporary certificate of occupancy was issued from the City to David Weekly. The <br /> temporary certificate of occupancy stated all exterior improvements had to be completed, driveway <br /> completed as shown on the survey, final grade completed as shown on the survey, and erosion control <br /> needs to remain in place until the sod is down. Orono issued that certificate of occupancy to David <br /> Weekly 48 hours prior to when they closed on the property and there was no mention by the City of any <br /> air-conditioning unit or any variance being required. That was dated March 28 and the closing was to <br /> occur on March 30, which was Good Friday. Because there was an issue with the fireplace,the closing <br /> took place on April 2. <br /> In an email dated October 5 from Jason Thomas of David Weekly Homes it stated that the City of Orono <br /> is requiring a new certificate of temporary occupancy and that they have to get the air-conditioner worked <br /> out. Helgerson noted this is the first actual document he has in his possession that they are not supposed <br /> to be living in the house until the air-conditioner issue is worked out, six months after they purchased the <br /> property. <br /> Helgerson noted they did not place the air-conditioner there knowing that it was in violation and that it <br /> was six months after they moved in that they were told about the problem. Four other houses in the <br /> development had the air-conditioner on the side versus the back but only one was actually occupied at the <br /> time. One of them was the very first house in the development,which has a gigantic bump-out that they <br /> placed the air-conditioner behind. <br /> Helgerson indicated since they did not know about the problem initially,they did not have a choice not to <br /> purchase the property. The other people who purchased homes in the development had the choice to walk <br /> away or get it changed with the builder. <br /> Helgerson stated in his view there is a hardship. According to the legal definition of a hardship,there is a <br /> case to be made. In addition to there being a monetary hardship to relocate it, some local realtors have <br /> indicated that there is between a$17,000 to $40,000 decrease in value because of noise and safety. The <br /> neighbors prefer the air-conditioner where it sits currently, which is against the neighbor's garage. <br /> Helgerson indicated they have already made improvements to the house,such as a deck and concrete pad <br /> for a play area. The proposed location where David Weekly would like to move it is directly below a <br /> window where they are planning to build another builder. Helgerson stated in his view this is a very <br /> different situation from the other homes that had to relocate theirs. Helgerson stated relocating it to their <br /> back yard would impede their ability to use that area. <br /> Helgerson stated they were also supposed to have a berm for privacy and to block the noise from <br /> Highway 12 but that the builder decided not to do that. Helgerson stated there is lots of noise from the <br /> highway versus an air-conditioner. <br /> Chair John Thiesse opened the public hearing at 7:07 p.m. <br /> Jason Bergman, Goldenrod Way,noted they are proposing to move it over to his side and that he fully <br /> supports that along with everything else Mr. Helgerson said. There is noise from trains that pass by the <br /> front yard and noise from cars on the road. Bergman commented this is not a typical development and <br /> that the houses are extremely close together. The area where the air-conditioner is proposed to be <br /> relocated is very wide and someone could drive a jeep through there. Bergman indicated his wife also <br /> supports it. <br /> Page 6 of 20 <br />