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� <br /> � <br /> ��� � CITY OF ORONO <br /> O <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��, Gti� NO. O � � � <br /> �'kESH�¢� <br /> A RESOLUTION <br /> APPROVING VARIANCE FROM <br /> MUNICIPAL ZONING CODE <br /> SECTIONS 78-330, 78-1125, 7&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 pocument 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 #fie 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 /> 1 <br />