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16-3885 <br />Council Exhibit A <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A RESOLUTION <br />APPROVING VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-330, 78-1125, 78-1279, 78-1434, 78-1680 <br />FILE NO. 16-3885 <br />WHEREAS, Hans Bergh and Sharon Bergh, a married couple (hereinafter the <br />"Applicants"), are the owners of the property located at 2800 Shadywood Road and legally <br />described as: <br />Tract C, Registered Land Survey No. 1196. Together with a non-exclusive easement for driveway <br />purposes as shown in Deed Document No. 998572 and an easement for driveway purposes as <br />created by Deed Document No. 1000236, as amended by Document No. 1441410 (as determined <br />by Court Order Document No. 1461153); (hereinafter the "Property"); <br />WHEREAS, on November 17, 2016, the Applicants have made application to the <br />City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow <br />redevelopment of the Property which has a lot area of 36,785 square feet where 43,560 square <br />feet is required; a lot width of 127' measured from the channel to the side lot line where 140' in <br />width is required; and a rear setback of 24 feet for the new detached garage where a 30 foot <br />setback is required; and <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1125 to allow fill material to extend less <br />than 15 feet from the house elevated above the floodplain on fill; and <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1279 and 78-1680 to allow the detached <br />garage to be constructed 40 feet from the OHWL where a 75 foot setback is required; and <br />WHEREAS, the Applicants have also made application to the City of Orono for <br />variances to Orono Municipal Zoning Code Section 78-1434 to permit the reconstruction of an <br />existing nonconforming building with an upward expansion to increase the total peak height 3.5 <br />feet; and <br />WHEREAS, on December 12, 2106 pursuant to City Code Section 78-912, the <br />City Council voted 5 to 0 in favor of waiving the Planning Commission's review of the application; <br />and <br />