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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. 016-3884 JEFF AND PIA SCHUTT — 2750 CASCO POINT ROAD — APPEAL (continued) Printup commented he would be tempted to go with an encroachment agreement. Mattick stated an encroachment agreement is for something that would encroach into the City's right-of- way. Barnhart stated to his understanding the City Attorney was talking about modifying the section of the code from a building element. Barnhart stated perhaps some language could be added or reviewed to address this situation, which might be a little cleaner than the variance process. Levang commented that would take a considerable amount of time since it would need to be researched, go before the Planning Commission, etc. Levang stated in her view there is not a practical difficulty for a variance and that one option would be to lower the height of the structure to meet the fence requirement and the second option would be to petition the City to amend the Code to allow for this type of accessory structure by the property line. Levang asked whether the best option would be to table the matter. Barnhart stated Staff would prefer the Council act on the appeal tonight. Pia Schutt stated they were under the understanding that they had the opportunity to appeal and the Council had the opportunity to review the facts and possibly approve it. Levang stated she was thinking about tabling it so they could decide which option they might want to pursue but that she is being told that a decision by the Council should be made tonight. Walsh commented people should not get too confident that the Council will change the code simply because it is asked. Jeff Schutt stated that is understood. Printup moved, Cornick seconded, to deny the appeal by Jeff and Pia Schutt, 2750 Casco Point Road. VOTE: Ayes 5, Nays 0. (Recess taken from 8:58 p.m. to 9:06 p.m.) 21. #16-3885 HANS AND SHARON BERGH — 2800 SHADYWOOD ROAD — VARIANCES Curtis stated the owners are planning to redevelop the property. A number of variances are required in order to rebuild the home and detached garage. The new home and garage will be constructed to conform to the City's floodplain regulations, which require the lowest floor of the structure to be no lower than the regulatory flood protection elevation of 932.5 feet. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home and garage to meet the low floor requirements of the City's floodplain regulations. Page 26 of 33