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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,January 22,2019 <br /> 6:30 o'clock p.m. <br /> Thiesse stated in his view there are extenuating circumstances and practical difficulties. In addition,the <br /> City allowed them to build so close to the property line,which did not allow the air-conditioner where it <br /> typically goes,which is on the side of the house, and that this was an unintended consequence of the <br /> smaller side yard setback. If it is relocated to the back, it would be impeding their use of the back yard <br /> and it would be under a window,which is not ideal. Thiesse stated in his view it is more of a builder <br /> education than anything else and also a safety issue. If there is an encroachment agreement,he would be <br /> in favor of the variance,but that he would like the City to have a discussion about the 5-foot side setback. <br /> Lemke moved,Thiesse seconded,to recommend approval of Application No.LA18-000091,AJ <br /> Helgerson,2870 Goldenrod Way,variance,subject to an encroachment agreement. <br /> Erickson asked what steps the City can take to not set a precedent and prevent it from happening again. <br /> Thiesse stated in his view they can't,but in his mind the air-conditioner is in the right spot and that the <br /> City currently does not allow it. <br /> Libby noted the variance carries forward along with the encroachment agreement and hopefully any <br /> future homeowner will know about it. <br /> VOTE: Ayes 4,Nays 1,Landgraver opposed. <br /> 4. LA18-000098 JEN AND TONY ISHAUG,4245 CHIPPEWA LANE,VARIANCES,7:21 <br /> P.M.—7:29 P.M. <br /> The applicant was not present. <br /> Barnhart stated the applicants are requesting a front yard setback variance for a detached garage. The <br /> new accessory building requirements allow a detached garage 1,000 square feet or smaller to be forward <br /> of the principal building, subject to conditions,which includes the requirement that the building should be <br /> consistent in material and color with the principal structure. The applicants have sized and designed the <br /> garage to fit these requirements. <br /> The new accessory building ordinance requires any accessory building forward of the principal building <br /> to meet the front yard setback. The applicants are requesting a variance to allow a 20-foot setback instead <br /> of the 100-foot required setback due to the topography of the property. The improvement will be <br /> consistent in character with the principal structure. This house is located at the end of a dead-end street so <br /> the impact to the neighborhood is relatively minimal. <br /> Staff has completed a preliminary review of the project for compatibility with the septic system and has <br /> determined that the project is not likely to impact the existing or future septic sites. The site plan for the <br /> building permit should call out the alternate septic site. <br /> Due to the unique topography and configuration of improvements on the property,the request for a front <br /> yard setback variance seems reasonable. There are no issues with the proposed grading. When the <br /> building permit is submitted,the associated site plan should depict the location of the erosion control <br /> measures and call out the top and bottom elevation of the proposed retaining wall. <br /> Staff recommends approval of the variance as proposed. <br /> Page 8 of 20 <br />