02-11-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 22, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 4 3. LA18-000091 AJ HELGERSON, 2870 GOLDENROD WAY, VARIANCE, 6:50 P.M. – 7:20 P.M. AJ Helgerson, Applicant, was present. Barnhart stated the applicant recently purchased the home and is requesting a variance to allow an air conditioning unit within five feet of a property line and within the drainage and utility easement, which is not permitted by City Code. This is a new home, constructed in 2018. When the home survey was first submitted, the proposed plan showed the A/C unit on the west side yard where it was noted as not permitted for being placed in a drainage and utility easement and within the side yard setback. The air- conditioning unit was relocated to the north side and is currently located within two feet of the property line and completely within the drainage and utility easement. Due to noise concerns, the City adopted an ordinance prohibiting air-conditioning units from being located within setbacks. Barnhart noted this property has an opportunity to move the A/C unit to the rear yard of the property to meet City Code. Granting this variance would serve as a convenience and the submitted request does not meet the standards for granting a variance. The options are for it to be located in the front or rear yard. The applicant has provided some information with some concern about having it in the back yard since that is where his children will play. In reviewing the standards, Staff recommends denial of the requested variance to allow the existing A/C unit to remain in the side yard since it appears to be more of a convenience for the applicant. If the Planning Commission recommends approval and the City Council approves the request, it will be contingent on an executed encroachment agreement and moving the A/C unit to the west side of the property. If it is necessary at some point to perform work within the side yard setback, the applicant will assume responsibility for the cost of the relocation. Thiesse asked whether four other properties within this development have had to physically relocate their air-conditioning units. Barnhart indicated four other properties within this development, in addition to this property, all had A/C units installed in nonconforming locations. The four other properties were able to move the A/C unit to meet City Code. Landgraver asked if those other homes were occupied. Barnhart stated to his knowledge one was occupied and the other ones were in various stages of completion. Thiesse stated in his view this situation is a little bit different since the houses are much closer together than in other developments. AJ Helgerson, Applicant, stated he is here asking for forgiveness versus permission. The air-conditioning units for some of the other houses have already been changed.