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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 21, 2016 <br />6:30 o’clock p.m. <br />7. #16-3884 JEFF AND PIA SCHUTT, 2750 CASCO POINT ROAD, APPEAL, 7:35 P.M. – <br />8:07 P.M. <br />Michael Schutt, son of Jeff and Pia Schutt, was present. <br />Curtis stated the applicants have constructed a narrow pergola or arbor over an 11-foot long retaining <br />wall. The retaining wall is located less than two feet from the side lot line and is detached from the home <br />adjacent to a patio. <br />Because pergolas are not specifically outlined in the Code, Staff reviewed the pergola against the <br />accessory structure and non-encroachment standards. Accessory structures less than 750 square feet are <br />addressed in the non-encroachment provisions and are permitted no less than five feet from a rear lot line <br />and ten feet from a side lot line. <br />In an effort to find an appropriate regulation, Staff alternatively looked at the fencing regulations as the <br />pergola is lineal similar to a fence. In the encroachment section regarding fencing, the pergola in the <br />current location would need to be reduced to no greater than six feet in height to meet the fence <br />maximum. In order to close out their permit and receive a certificate of occupancy for the new home on <br />the property, the pergola issue must be satisfactorily resolved. <br />The applicants have opted to appeal the decision of Staff on this matter. The appeal process provides an <br />opportunity for an applicant to present facts and prove that the City official erred in applying the <br />Code. The applicants contend that Section A1 under the non-encroachment section is applicable. Staff <br />would note that that section relates to building elements which are attached to the building and are <br />permitted to encroach up to two feet into a required side yard setback, still requiring on this property that <br />the structure needs to be at least eight feet from the lot line. The pergola is approximately two feet from <br />the property line. <br />The Planning Commission should review the application and make a decision regarding the appeal. <br />Thiesse asked if there is any City ordinance that would construe that the structure is in the right spot. <br />Council Exhibit D