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 2 of 4 Helgerson displayed a picture of the property when it was first staked taken on October 14, 2017. The certificate of survey from David Weekly Homes is dated October 12, 2017. By that date the building design had been denied by the City of Orono due to the air conditioner being located on the side of the house it was on, which was never told to them prior to purchase. The builder then moved the air- conditioner to the south side of the building. In talking with a couple of people in the neighborhood and the next-door neighbor to the south, they were told they had to move the air-conditioners. Helgerson indicated he asked the builder to explain to him what was going on and the builder’s response was very vague but that they have to move some of the air-conditioners. Helgerson indicated a temporary certificate of occupancy was issued from the City to David Weekly. The temporary certificate of occupancy stated all exterior improvements had to be completed, driveway completed as shown on the survey, final grade completed as shown on the survey, and erosion control needs to remain in place until the sod is down. Orono issued that certificate of occupancy to David Weekly 48 hours prior to when they closed on the property and there was no mention by the City of any air-conditioning unit or any variance being required. That was dated March 28 and the closing was to occur on March 30, which was Good Friday. Because there was an issue with the fireplace, the closing took place on April 2. In an email dated October 5 from Jason Thomas of David Weekly Homes it stated that the City of Orono is requiring a new certificate of temporary occupancy and that they have to get the air-conditioner worked out. Helgerson noted this is the first actual document he has in his possession that they are not supposed to be living in the house until the air-conditioner issue is worked out, six months after they purchased the property. Helgerson noted they did not place the air-conditioner there knowing that it was in violation and that it was six months after they moved in that they were told about the problem. Four other houses in the development had the air-conditioner on the side versus the back but only one was actually occupied at the time. One of them was the very first house in the development, which has a gigantic bump-out that they placed the air-conditioner behind. Helgerson indicated since they did not know about the problem initially, they did not have a choice not to purchase the property. The other people who purchased homes in the development had the choice to walk away or get it changed with the builder. Helgerson stated in his view there is a hardship. According to the legal definition of a hardship, there is a case to be made. In addition to there being a monetary hardship to relocate it, some local realtors have indicated that there is between a $17,000 to $40,000 decrease in value because of noise and safety. The neighbors prefer the air-conditioner where it sits currently, which is against the neighbor’s garage. Helgerson indicated they have already made improvements to the house, such as a deck and concrete pad for a play area. The proposed location where David Weekly would like to move it is directly below a window where they are planning to build another builder. Helgerson stated in his view this is a very different situation from the other homes that had to relocate theirs. Helgerson stated relocating it to their back yard would impede their ability to use that area. Helgerson stated they were also supposed to have a berm for privacy and to block the noise from Highway 12 but that the builder decided not to do that. Helgerson stated there is lots of noise from the highway versus an air-conditioner.