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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 />_____________________________________________________________________________________ <br /> <br />Page 4 of 11 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />Crosby asked how many more lots still need to be developed. <br /> <br />Barnhart indicated at least two-thirds of the lots have been developed. <br /> <br />Rief stated to his understanding the City has issued 19 building permits. <br /> <br />Crosby stated the builder should be put on notice. <br /> <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 /> <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 /> <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.