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Exhibit B <br /> November 7,2016 <br /> RE: Request for Appeal of Administrative Decision <br /> 2750 Casco Point Road <br /> This request relates to an arbor/pergola structure that Jeff and Pia Schutt had installed on the edge of a <br /> patio on the north side of our newly built home. The City of Orono has not granted a certificate of <br /> occupancy for our home due to the decision of the staff to have this arbor structure fall under the fence <br /> standards in the code. The staff decision was explained as follows: <br /> "Based on our interpretation,the arbor/pergola doesn't meet the conditions in section (a)(1)which <br /> applies to features of a building extending no more than 2 feet into the setback. While the pergola isn't <br /> exactly a fence either,applying the fence standard makes the most sense because it is more similar to a <br /> fence than an accessory building, for example a shed.The setback requirement for an accessory <br /> structure is 10 feet from the property line; a fence can be on the property line but has a height limit(6 <br /> feet)." <br /> The structure we have along our patio is not meant to be a fence of any kind. It clearly does not serve <br /> the purpose that a fence does. It does not block any view nor does it keep anyone from coming or going <br /> in our yard. Our structure is meant for visual appeal only and enhances the side yard of our lot and our <br /> neighbor's both. <br /> It does not appear to us that the City of Orono Nonencroachment code addresses a structure of an <br /> ornamental nature like ours. While we are not experts on Orono City code by any means, not our <br /> builder,our landscaper or we as the homeowner were aware of any potential code violations for <br /> erecting an ornamental structure in the manner and location we did on top of the knee wall that was a <br /> part of the approved landscape plan. We also had no comments about it during any of the numerous <br /> inspections that took place until the final one. <br /> While the height of the current arbor is over 6 ft.,because the arbor is not a fence and does not act in <br /> any way like a fence,we ask that there be some leniency in the height requirement of-our structure <br /> as we don't appear to have exceeded the requirement materially. <br /> We have included pictures that show the arbor and how it enhances the landscape plan and the home. <br /> We request that the decision made to have this arbor removed or to lower the height to under 6 ft. be <br /> reversed. <br /> Thank you, <br /> Jeff and Pia Schutt <br />