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MINUTES OF THE ORONO TRUTH -IN -TAXATION MEETING and the ORONO CITY COUNCIL MEETING Monday, December 12, 2016 6:30 o'clock p.m. 20. #16-3884 .TEFF AND PIA SCHUTT — 2750 CASCO POINT ROAD — APPEAL (continued) Levang stated Staff is not calling it a fence. Pia Schutt stated those are the restrictions that they are being told they need to comply with. Curtis stated technically it is an accessory structure that requires a 10 -foot setback. Because of its design and lineal nature, Staff looked at the fence standards since they allow something to be located closer to the property line, but the structure exceeds the height restriction. Jeff Schutt stated the question he would have is on the plan approval process. Schutt asked whether the fact that there was perhaps an error somehow made in the inspection or development of the plan comes into play at all. Mattick stated Staff does not have the authority to approve something that only the Council can approve even if an error was made. Mattick stated it may seem unfair, but they cannot rely on the fact that �i mistake was made. Jeff Schutt asked how much a variance would cost. Curtis stated the variance fee would be $700 and an after -the -fact variance fee would be double that. Curtis noted Staff does not have the authority to waive the fee but that the Council could waive the after - the -fact portion of the fee. Cornick noted that would not guarantee the variance would be approved. Pia Schutt asked if an amendment could be added to the code. Mattick stated they could petition the City Council to amend the code and ask that pergolas be added to the encroachment list. Mattick stated that also does not mean it would ultimately be approved. Mattick stated he does not like the exercise of calling the pergola a fence but that it was an attempt by Staff to find a code that would be applicable. Mattick noted they would need to show a practical difficulty in order to get a variance. Jeff Schutt asked whether the difficulty could be that they were not notified until the final inspection and that the structure already exists in that location and their plan was approved. Mattick stated he understands why that would seem like a practical difficulty but that Comick asked if the City is asking them to lower the height. Curtis stated that was one of the options suggested. Jeff Schutt stated aesthetically, with the neighbor's house being a lot higher than their house, it would result in the pergola losing the impact they were looking for. Page 25 of 33