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x <br /> BOA MINUTES 6/22/95 <br /> s PAGE 5 <br /> ;` #2645. Appeal by Donald Squire, Jr. for a variance from required <br /> sideyar• as provided by Section 10. 05 (7) and 10. 16 (6a) to permit <br /> ingl- family residence as constructed at 2363 Squire Lane being <br /> Lo , Hanson's Hill - Section 16, Town of Pleasant Springs. <br /> IN FAVOR: D. Squire, C. Rowley OPPOSED: --- COMMUNICATION: - <br /> KLOPP/SAYLES to grant variance of 5.25 feet from required sideyard . <br /> to permit residence, as constructed, to be altered. <br /> Motion failed - 2-3 , (Quackenbush, Dreps and Gaskill, no) . <br /> FINDINGS OF FACT: <br /> 1) . Appeal is a re-application of previous denial (Appeal #2610 <br /> 3/23/95) to which Board has waived 1 year re-apply prohibition. <br /> f 2) . Applicant proposes to move sidewall of garage into complying <br /> location and roof overhang to remain. <br /> 3) . Contractor error resulted in side and rearyard encroachments. <br /> s Rezone has resolved rearyard violation. <br /> 4) . Conclusion as stated in minutes of 3/23/95 has remained <br /> 1 unchanged. <br /> CONCLUSIONS OF LAW: Unnecessary hardship not proven. <br /> i:`' 1) . Motion to approve has failed and thereby denial remains. <br /> t <br /> #2646. Appeal by Daniel Palmer for a variance from required <br /> t setback from normal high watermark as provided by Section 11. 03 (2) <br /> 1 <br />} _ ' to permit construction of new single family residence at 6922 <br /> Frenchtown Road in the NE 1/4 SE 1/4 - Section 22, Town of <br /> Montrose. <br /> IN FAVOR: D. Palmer, E. Roseberg, R. Hodel OPPOSED: - <br /> -- <br /> - COMMUNICATION: Town Board, Department of Natural Resources <br /> - GASKILL/DREPS to grant, with condition, Variance of 47 more or less <br /> feet from required setback to normal high watermark to permit <br /> construction of new single family residence as proposed. <br /> CONDITION: <br /> 1) . Residence shall be setback 63 . 5 feet from centerline of <br /> Frenchtown Road (and over original building location) and in <br /> precise configuration and dimension as plan submitted. (to include <br /> 10 ' x 18 ' deck also as per plan) . <br /> FINDINGS OF FACT: <br /> 1) . Property is severely limited in buildable area due to setback <br /> required from normal high watermark, setback from road, flood zone, <br /> trees and contour. <br /> 2) . Proposed new residence is over site of older residence not <br /> structurally sound enough for additions. <br /> 3) . The meandering course of the Sugar River has been altered by <br /> erosion. <br /> 4) . Expanding family necessitates additional space requirement. <br /> CONCLUSIONS OF LAW: <br /> 1) . Variance if not contrary to rights of others or to the public <br /> interest. <br /> r <br /> 2) . Variance preserves the zoning ordinance as much as possible <br />