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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 37 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Curtis stated she is not sure whether the patio was included in the initial plan, but because Staff was not sure what was included, it is now shown in detail on the plans and on the survey. Curtis noted it is shown on the left side or lake side of the property. Cornick noted it is alleged that the fireplace in question was constructed without city knowledge or approval. Cornick asked if the fireplace is illegal. Curtis indicated it was constructed without proper city permits and the property owner was notified at that time that it was illegal. The City did not pursue removal of it at that time. McMillan asked if the neighbor’s patio has a railing. Curtis stated it has a small wall around it that appears to be approximately 36 inches high. McMillan asked if that would be considered structure. Curtis stated technically they could meet the railing provision at the 36 inches. McMillan asked if the City does not allow patios higher than that within the average lakeshore setback. Curtis stated if it is elevated above grade 42 inches or greater, it would not be allowed without a variance. Curtis displayed photographs of the patio and the fireplace. Levang asked if the neighbor’s letter dated October 8 is different than what was presented at the Planning Commission. Curtis indicated it is. Curtis stated the neighbor is not here tonight but her attorney is present and perhaps could clarify it. McMillan asked if there is a second story about the four-season porch. Curtis stated it has a roof above it but to her knowledge it does not have any living space above it. Gustafson stated nothing has changed in their design other than making the house smaller. Levang stated the question is whether there is a practical difficulty for the four-season porch. Sven Gustafson, Stonewood, LLC, stated he would like to explain how they arrived at the design of the house. Gustafson stated as you approach the property, you come around Casco Circle, which drove the decision to put the garage on the left side of the home. In doing that, that resulted in turning the garage doors 90 degrees to the road. The home to the left has three garage doors that face the street. If they went with a similar design, there would be six garage doors in a row.