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(4) MINUTES OF THE DANE COUNTY BOARD OF ADJUSTMENT MEETING OF OCTOBER 18, 1971 a. The building is structurally sound. b. The Town of "Westport has a building code and the building can be made-to conform to that code. c. The home was constructed prior to the effective date of the Dane County Zoning Ordinance and does not conform to the Ordinance in respect to one side yard. d. There are other homes in the subdivision that do not conform to all of the requirements of the Ordinance, but because they have been adequately maintained, are not in need of restoration. e. To deny a permit to restore and repair this home, would deprive the appellants of the same rights that other owners of non-con- forming homes in the area enjoy. Notion carried. #315. Motion by Dahlk, second by Voges to grant variances of 91 from rear yard; 8' from side yard; and 21' from road setback as per finding of fact FINDING OF FACT: 1. Existing house is non-conforming, but addition will not encroach any farther into setback or rear yard. 2. Owner has 311 access easement on side of property addition will facer providing in affect, a side yard. 3. Slope of property to rear would require large amount of fill for a garage. CONCLUSION: a. The variance preserves the Dane County Zoning Ordinance without modification as far as possible without injustice to the individ- ual. b. Proven case of unnecessary hardship. co Variance is not contrary to public interest or rights of others. Motion carried. #316. Motion by Dahlk, second by Voges to grant variance of 161 from set- back requirement as per finding of fact: FINDING OF FACT: 10 Inspection by Board verified that foundation and walls were salvageabl: . 2. No additions will be made to building. 3. Building is setback as far or farther than buildings on adjacent properties. CONCLUSION: a. The variance preserves the zoning ordinance without modification as far as possible without injustice to the individual. b. The variance requested is necessary in order to secure for the applicant a right or rights that are enjoyed by other property owners in the same area or district. c. . The granting of the variance would not be contrary to the public interest or damaging to the rights of other persons, or to the property values in the neighborhood. da Restoration or repairs must be completed within one year. Motion carried. '317. Motion by Voges, second by Dahlk to grant variance of 301 from rear 4 - d requirement as per finding of fact: I ENDING OF FACT: 1. Testimony at hearing about access was verified by Boards inspection of iroperty. CONCLUSION- a. Proven case of unnecessary hardship. •