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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,February 11,2019 <br /> 7:00 o'clock p.m. <br /> Walsh noted the four other air-conditioners were relocated prior to purchase but this applicant was not <br /> told about the situation prior to moving into the resident. Even though a professional builder was <br /> involved in this development,the situation has occurred five times. To help avoid this problem in the <br /> future,Walsh recommended the location of all items be documented on the survey prior to obtaining a <br /> building permit. The City is now put into the position of trying to rectify it. <br /> Walsh stated he did hear from the neighbors and they all get along,but down the road,if a future neighbor <br /> does not get along or they decide to erect a fence at some point along the property line,it will be two feet <br /> from the condenser unit. Walsh stated he does not believe there is a good alternative but that he does not <br /> want to throw Orono citizens under the bus. <br /> Walsh stated in looking at the situation,they should consider what is the lesser of two evils. They can <br /> either keep it where it is or put it on the other side where there is ten feet and fewer encroachment <br /> opportunities. <br /> Barnhart stated while relocating it to the south or west side of the house is an option,there is a greater <br /> likelihood the City will need to use that bigger area to access the rear area,and that his preference would <br /> be to leave it where it is. <br /> Walsh stated once he found out how the whole situation happened,he became more inclined to believe it <br /> has created a practical difficulty. <br /> Walsh recommended Staff pay more attention to this builder in the future. The builder originally wanted <br /> 5-foot setback on all sides,but the City Council increased it to ten feet on one side. Walsh stated the last <br /> thing the City wants to see is developers taking advantage of that and try to slip something through,which <br /> can create something less livable than what was originally envisioned. Unfortunately it puts more onus <br /> on the City to make sure everything is compliant. <br /> Crosby asked how many more lots still need to be developed. <br /> Barnhart indicated at least two-thirds of the lots have been developed. <br /> Rief stated to his understanding the City has issued 19 building permits. <br /> Crosby stated the builder should be put on notice. <br /> Johnson stated the builder got the model right with the air-conditioner being located at the back of the <br /> house,but these are also walkout lots. The neighbor next to this house has their air-conditioner unit on <br /> that side as well. Johnson stated he is a little conflicted on this application because if he was the buyer <br /> and he did nothing wrong,he would be in a tough spot,which is not fair,but at the same time the property <br /> owner is taking advantage of the entire lot and gets a bigger house. Johnson stated he hates to stick a <br /> resident with a problem like this, so he tends to agree with Mayor Walsh. <br /> Walsh stated perhaps the City should require the builders to submit a corrected plan if something is <br /> redlined prior to a building permit being issued. <br /> Johnson stated it is reasonable to hold the developer to a higher standard,but it should not have to go <br /> back on the property owner. Somehow this family was not told about it prior to moving in. <br /> Page 4 of 11 <br />