02-11-2019 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Dayton encouraged Orono to participate in Phase 2 and that they welcome the opportunity to discuss this further. Walsh suggested next time they put it on the City Council's regular agenda,which would give them more time to present and allow the City Council to ask questions and provide input. PLANNING DEPARTMENT REPORT 10. LA18-000091 AJ HELGERSON,2870 GOLDENROD WAY,VARIANCE AJ Helgerson,Applicant,was not present. Seals noted the applicant is likely at the Fire Department's mandatory training session being held this evening. Barnhart stated the applicant is requesting a variance to allow an air-conditioning unit in the side yard setback. The applicant recently purchased the home from the builder. The permit for the home was issued in October 2017. During review of the permit,the builder provided a survey showing the location of the A/C unit. Staff redlined the location, including a note that the A/C unit cannot be located in the easement. Mr.Helgerson,as the owner of the property, has an air-conditioning unit located within five feet of the house but also within the drainage and utility easement. As a result,he has requested a variance for his air-conditioning unit. Approval of a variance would allow the unit to remain in its location. The Planning Commission reviewed this at their January meeting. Neighbors on either side spoke in favor of the variance. The Planning Commission recommended approval of the variance subject to the property owner providing an encroachment agreement. The applicant has signed and submitted that encroachment agreement. Staff is looking for direction on whether to draft a resolution for approval or denial. The challenge Staff sees with this request is that it does not meet the standards for a variance. There is some history involved with this development since this is the fifth home that has had to relocate their air-conditioning unit. Additional historical information was provided to the City Council this afternoon. The four other air- conditioners were relocated. Originally the air-conditioning unit was located on the west side of the building. Walsh noted the west side of the lot has a 10-foot setback. Barnhart stated the unit is also within a drainage and utility easement. On the west side there is an underground sewer pipe also in that area,which means there is a higher likelihood there will need to be some maintenance at some point. The homes in this development are built setback to setback,meaning it meets the setbacks on either side. Crosby asked if there is any place they can put it so it would comply. Barnhart indicated it could be located in either the front or back yazd. Page 3 of 11