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 3 of 4 Chair John Thiesse opened the public hearing at 7:07 p.m. Jason Bergman, Goldenrod Way, noted they are proposing to move it over to his side and that he fully supports that along with everything else Mr. Helgerson said. There is noise from trains that pass by the front yard and noise from cars on the road. Bergman commented this is not a typical development and that the houses are extremely close together. The area where the air-conditioner is proposed to be relocated is very wide and someone could drive a jeep through there. Bergman indicated his wife also supports it. Jeremy Phillips, 2860 Goldenrod Way, stated he would agree with everything his other two neighbors said and that they did pay a significant premium to be on that side of the road with the idea that they would be next to the swamp. Helgerson stated if the Planning Commission looks at what happened, the need for a variance was a shock to them. Helgerson noted he is on the fire department and that he realizes they need to get equipment in and out of there and have access to the area. When the final grade was being done, large bulldozers went through that area so it is more than wide enough for an air-conditioner. Helgerson stated if he could ask for an encroachment agreement, he would prefer to go that route. Chair John Thiesse closed the public hearing at 7:12 p.m. Erickson stated after reading the staff report, he had developed a high level of comfort in denying the variance, primarily because of the other four homes that had moved theirs already. Erickson stated he understands this one does involve an unusual set of circumstances which led to this situation, but uniqueness as it relates to a practical difficulty relates directly to the property, such as the shape or topography of the property. Erickson commented he has sympathy for Mr. Helgerson over the way that this developed, but when he looks at just the property, it is hard to see how it is different from the other properties in the neighborhood. Erickson indicated he is inclined to follow Staff’s recommendation. Lemke stated he understands Staff’s recommendation, but given the situation and the neighbors’ comments, in his view it is the best location for it. Lemke stated this might be an okay solution and that he is leaning more towards approving the variance. Libby stated without playing the blaming game, it appears there was not a lot of transparency in this situation. Libby noted air-conditioners built nowadays are high efficiency and quieter and that he is sensitive to children playing. Libby stated as far as some of the compunctions here about the electrical hazards and children playing, that can be alleviated with the unit being located above the ground, but when you start talking about the issues with the planned improvements, that could be a practical difficulty if the air-conditioning unit is actually moved. Libby asked if the builder is willing to actually relocate the air-conditioner at no cost to the homeowner. Helgerson indicated they are going to move it to whatever location the City decides. As to the point of it being off the ground and elevated, it is currently elevated, and if it is relocated to that one corner, it cannot be elevated since it will be under a window. Libby stated due to the circumstances, moving the air-conditioning unit would be preferable, but if there is no place to relocate it, that is another situation.