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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Tuesday, January 22, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 4 of 4 <br /> <br />Helgerson noted it could be relocated to the other side, which is a lot wider, and then it will be off the <br />ground in that location. <br /> <br />Landgraver stated he tends not to approve after-the-fact variances but that the argument has been rather <br />compelling. The builder was relatively new to the area and overlooked the notation on the plan. <br />Landgraver stated he is kind of against approving the variance but that there are extenuating <br />circumstances, and if the City Council approves it, there should be an encroachment agreement. <br /> <br />Thiesse stated in his view there are extenuating circumstances and practical difficulties. In addition, the <br />City allowed them to build so close to the property line, which did not allow the air-conditioner where it <br />typically goes, which is on the side of the house, and that this was an unintended consequence of the <br />smaller side yard setback. If it is relocated to the back, it would be impeding their use of the back yard <br />and it would be under a window, which is not ideal. Thiesse stated in his view it is more of a builder <br />education than anything else and also a safety issue. If there is an encroachment agreement, he would be <br />in favor of the variance, but that he would like the City to have a discussion about the 5-foot side setback. <br /> <br />Lemke moved, Thiesse seconded, to recommend approval of Application No. LA18-000091, AJ <br />Helgerson, 2870 Goldenrod Way, variance, subject to an encroachment agreement. <br /> <br />Erickson asked what steps the City can take to not set a precedent and prevent it from happening again. <br /> <br />Thiesse stated in his view they can’t, but in his mind the air-conditioner is in the right spot and that the <br />City currently does not allow it. <br /> <br />Libby noted the variance carries forward along with the encroachment agreement and hopefully any <br />future homeowner will know about it. <br /> <br />VOTE: Ayes 4, Nays 1, Landgraver opposed. <br />