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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 18, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 6 of 46 <br /> <br />Erickson said when the subdivision was originally approved, there were a large number of landowners <br />nearby concerned about the loss of open space due to the transition from a golf course to a residential <br />area. The conservation district areas grew out of a rather large public sentiment at that time. <br /> <br />Libby asked whether the setback and the Conservation Easement are easily accessible publicly; is this <br />public information that developers and private homeowners would be able to have access to and have <br />knowledge of. <br /> <br />Curtis said they are recorded against each property in the development and the developer has reassured <br />Staff they are educating property purchasers at the time of closing or prior to. The sites are supposed to <br />have the signage. The developer's responsibility is to put Conservation Easement signage on the edge of <br />the Easement where it crosses the property line so the property owner is aware of its location. <br /> <br />Mr. Chris Evenson and Ms. Amy Evenson, 780 Lakeview Parkway, stated they built their dream home <br />and moved in June 23, 2017. When they moved in, they had the fenced-in backyard and 13 months later <br />they basically lost everything in a fire. They decided to rebuild on the same spot, roughly the same house <br />with a few modifications, the same fenced-in backyard and landscaping. It took 13 months to rebuild the <br />house, and after they got settled is when they learned about the Conservation Easement. The previous as- <br />built survey did not specify where the Conservation Easement was, and they don't have any of the <br />documents from when they moved in due to the fire. When the second builder, Norton, turned in the site <br />survey, it did not show conservation, and that is when it was requested to show the Conservation <br />Easement. <br /> <br />Ms. Evenson explained the difference between a pergola and arbor. The pergola is a little arbor that <br />frames the little gardens which attract wildlife, butterflies, and birds. Mr. Evenson said they would not be <br />in front of the Commission if they did not have the fire. In the grand scheme of things, it is 4 1/2 feet <br />over. The north side of their property is filled with wildflowers. Ms. Evenson noted they put the fence <br />exactly where it was prior to the fire. They were surprised that they were being asked to take it out, <br />rebuild it again, for 4 1/2 feet, when they have a ton of open space in their backyard. They respect the idea <br />of conservation, prairie restoration, and nature. <br /> <br />Mr. Evenson said it's a little different because of a buffer. The first landscaper, who did the original <br />house, put the fence in and did not note it on the original survey. They were the ones that got their erosion <br />control money back. They were not aware of how that happened, but somebody must have come out and <br />signed off on it. They realized they were over the line on this house. <br /> <br />Ressler said it is difficult for the Commission to determine where the fence was previously placed. When <br />someone hires a contractor to put up fences, it's their responsibility to know where they're putting them. <br />He suggested asking the contractor why they encroached upon a setback if they had access to the survey. <br />