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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. 21. #16-3885 HANS AND SHARON BERGH — 2800 SHADYWOOD ROAD — VARIANCES (continued) The 10 -foot side setback can be met. However, because of the 75 -foot setback requirement, there is not sufficient room on the side of the home to fully comply with the 15 -foot perimeter fill requirement of the floodplain regulations. The owners are rebuilding a nonconforming portion of the new home within the channel's 75 -foot setback, which is almost an in-kind replacement. No variance is required for that portion of the home. The applicants also propose to reconstruct the existing nonconforming detached garage in its current location. The existing detached garage is nonconforming with regard to setbacks as well as size. However, the new garage is proposed to be slightly smaller than the existing one. The increase in the side wall height constitutes an expansion of a nonconforming building and a variance is required. In addition, because the applicants are required to elevate the floor of the garage to meet the City's floodplain regulations and propose to raise the side wall height to accommodate a taller door for better access into the garage, setback variances are required. The peak height will be increased by 3.5 feet. The garage is located 43 feet from the ordinary high water level where a 75 -foot setback is required and 24 feet from the rear property line where a 30 -foot setback is required. Lot width and area variances are considered a formality but must be approved according to City Code 78-72. The Planning Commission has not reviewed this application. The owners are requesting that the City Council hold the public hearing for all of the variances due to timing issues. According to Code Section 78-192, the Council may waive reference of a variance application to the Planning Commission but a unanimous vote by the City Council is required. If the Council votes to waive the Planning Commission's review, Staff recommends the public hearing be open this evening to receive any public comments and then direct Staff as appropriate. Staff also recommends the public hearing be tabled so it can be continued to the January 9`s Council meeting to allow for additional public notice given the holidays. Planning Staff has provided an analysis of the practical difficulties. In Staff s opinion, the variances are supported by practical difficulties inherent to the property. Printup asked when this matter would come back to the City Council if the Planning Commission were to hear this application. Curtis indicated it would be February. Printup stated he is concerned about removing the review by the Planning Commission but that it does appear to be a fairly straight forward application. McMillan commented it is difficult this time of year since there is no December Planning Commission meeting. Page 27 of 33