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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 /> Jeremy Phillips, 2860 Goldenrod Way, stated he would agree with everything his other two neighbors <br /> said and that they did pay a significant premium to be on that side of the road with the idea that they <br /> would be next to the swamp. <br /> Helgerson stated if the Planning Commission looks at what happened,the need for a variance was a shock <br /> to them. Helgerson noted he is on the fire department and that he realizes they need to get equipment in <br /> and out of there and have access to the area. When the final grade was being done, large bulldozers went <br /> through that area so it is more than wide enough for an air-conditioner. Helgerson stated if he could ask <br /> for an encroachment agreement,he would prefer to go that route. <br /> Chair John Thiesse closed the public hearing at 7:12 p.m. <br /> Erickson stated after reading the staff report,he had developed a high level of comfort in denying the <br /> variance, primarily because of the other four homes that had moved theirs already. Erickson stated he <br /> understands this one does involve an unusual set of circumstances which led to this situation,but <br /> uniqueness as it relates to a practical difficulty relates directly to the property, such as the shape or <br /> topography of the property. Erickson commented he has sympathy for Mr. Helgerson over the way that <br /> this developed,but when he looks at just the property, it is hard to see how it is different from the other <br /> properties in the neighborhood. Erickson indicated he is inclined to follow Staff's recommendation. <br /> Lemke stated he understands Staffs recommendation,but given the situation and the neighbors' <br /> comments, in his view it is the best location for it. Lemke stated this might be an okay solution and that <br /> he is leaning more towards approving the variance. <br /> Libby stated without playing the blaming game, it appears there was not a lot of transparency in this <br /> situation. Libby noted air-conditioners built nowadays are high efficiency and quieter and that he is <br /> sensitive to children playing. Libby stated as far as some of the compunctions here about the electrical <br /> hazards and children playing,that can be alleviated with the unit being located above the ground, but <br /> when you start talking about the issues with the planned improvements,that could be a practical difficulty <br /> if the air-conditioning unit is actually moved. <br /> Libby asked if the builder is willing to actually relocate the air-conditioner at no cost to the homeowner. <br /> Helgerson indicated they are going to move it to whatever location the City decides. As to the point of it <br /> being off the ground and elevated, it is currently elevated, and if it is relocated to that one corner, it <br /> cannot be elevated since it will be under a window. <br /> Libby stated due to the circumstances, moving the air-conditioning unit would be preferable,but if there <br /> is no place to relocate it,that is another situation. <br /> Helgerson noted it could be relocated to the other side,which is a lot wider, and then it will be off the <br /> ground in that location. <br /> Landgraver stated he tends not to approve after-the-fact variances but that the argument has been rather <br /> compelling. The builder was relatively new to the area and overlooked the notation on the plan. <br /> Landgraver stated he is kind of against approving the variance but that there are extenuating <br /> circumstances, and if the City Council approves it,there should be an encroachment agreement. <br /> Page 7 of 20 <br />