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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 /> submitted,the proposed plan showed the A/C unit on the west side yard where it was noted as not <br /> permitted for being placed in a drainage and utility easement and within the side yard setback. The air- <br /> conditioning unit was relocated to the north side and is currently located within two feet of the property <br /> line and completely within the drainage and utility easement. <br /> Due to noise concerns,the City adopted an ordinance prohibiting air-conditioning units from being <br /> located within setbacks. <br /> Barnhart noted this property has an opportunity to move the A/C unit to the rear yard of the property to <br /> meet City Code. Granting this variance would serve as a convenience and the submitted request does not <br /> meet the standards for granting a variance. <br /> The options are for it to be located in the front or rear yard. The applicant has provided some information <br /> with some concern about having it in the back yard since that is where his children will play. <br /> In reviewing the standards, Staff recommends denial of the requested variance to allow the existing A/C <br /> unit to remain in the side yard since it appears to be more of a convenience for the applicant. If the <br /> Planning Commission recommends approval and the City Council approves the request, it will be <br /> contingent on an executed encroachment agreement and moving the A/C unit to the west side of the <br /> property. If it is necessary at some point to perform work within the side yard setback,the applicant will <br /> assume responsibility for the cost of the relocation. <br /> Thiesse asked whether four other properties within this development have had to physically relocate their <br /> air-conditioning units. <br /> Barnhart indicated four other properties within this development, in addition to this property, all had A/C <br /> units installed in nonconforming locations. The four other properties were able to move the A/C unit to <br /> meet City Code. <br /> Landgraver asked if those other homes were occupied. <br /> Barnhart stated to his knowledge one was occupied and the other ones were in various stages of <br /> completion. <br /> Thiesse stated in his view this situation is a little bit different since the houses are much closer together <br /> than in other developments. <br /> AJ Helgerson,Applicant, stated he is here asking for forgiveness versus permission. The air-conditioning <br /> units for some of the other houses have already been changed. <br /> Helgerson displayed a picture of the property when it was first staked taken on October 14,2017. The <br /> certificate of survey from David Weekly Homes is dated October 12,2017. By that date the building <br /> design had been denied by the City of Orono due to the air conditioner being located on the side of the <br /> house it was on,which was never told to them prior to purchase. The builder then moved the air- <br /> conditioner to the south side of the building. In talking with a couple of people in the neighborhood and <br /> the next-door neighbor to the south,they were told they had to move the air-conditioners. Helgerson <br /> indicated he asked the builder to explain to him what was going on and the builder's response was very <br /> vague but that they have to move some of the air-conditioners. <br /> Page 5 of 20 <br />