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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 /> Lemke moved,Leskinen seconded,to recommend Application No. 16-3882,Jon Ressler,3683 North <br /> Shore Drive, granting of a lake setback variance. VOTE: Ayes 6,Nays 0. <br /> 7. #16-3884 JEFF AND PIA SCHUTT,2750 CACO 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 Code. <br /> The applicants contend that Section Al under the non-encroachment section is applicable. Staff would <br /> note that that section relates to building elements which are attached to the building and are permitted to <br /> encroach up to two feet into a required side yard setback, still requiring on this property that the structure <br /> needs to be at least eight feet from the lot line. The pergola is approximately two feet from the property <br /> 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 /> Curtis indicated Staff was not able to find any. <br /> Landgraver asked if a landscape plan was submitted. <br /> Curtis stated this is new construction and there was a landscape plan submitted. Curtis noted there was a <br /> French drain shown on the landscape plan in the approximate location of the pergola. The builder assured <br /> Staff that the French drain is there but that is one of the features Staff has requested be shown on the <br /> revised as-built survey. <br /> Landgraver noted the Planning Commission did review a landscape plan and to his recollection the <br /> pergola was not included. <br /> Page 12 of 26 <br />