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MINUTES - Board of Adjustment <br /> December 20, 1979 <br /> Page 10 <br /> Section 10.16 (1) (a) - provides that any use not listed as a per- <br /> mitted use in a district is prohibited in that district and except <br /> as otherwise expressly provided, any use listed as a permitted use <br /> in any district shall be construed as a prohibited use in any <br /> other district. A prison or correctional institution is specifically <br /> permitted by Section 10.12 (2) (o) A-1 Agriculture District, but is <br /> not specifically included in Section 10.12 (4) (b) - A-1 Agriculture <br /> (Exclusive) District. <br /> The Board has therefore determined that a prison or correctional <br /> institution may not be included in the permitted conditional uses <br /> as provided by Section 10.12 (4) (b) - A-1 Agriculture (Exclusive) <br /> District. <br /> If the consensus of general opinion is that such a use should be <br /> included as a permitted conditional use in the A-1 Agricultural <br /> (Exclusive) District, the Zoning Ordinance should be amended to <br /> specifically provide for it. <br /> Motion to find in favor of the appeal carried unanimously. <br /> #836. Letter request by David K. Sauer for reconsideration of his <br /> variance appeal based on evidence not presented at the public hearing <br /> on October 25, 197cs, <br /> Motion by Schwahn, second by Purcell to rescind the Board action of <br /> October 25, 1979 and that appeal #836, variance of 12 feet from re- <br /> quired rear lot line, be granted. <br /> FINDING OF FACT- <br /> 1. Basic requirements for permit and location of deck did not change. <br /> A deck has always been considered as a part of the residence and <br /> subject to ordinance provisions. <br /> 2. Deck is necessary to accomodate a microcephalic child who cannot <br /> otherwise have access to the outdoors. <br /> CONCLUSION: <br /> a) . Proven case of unnecessary hardship. <br /> b) . Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> Motion by Schwahn, second by Voges to adjourn. Motion carried. <br /> Meeting was adjourned at 12:15 p.m. <br /> Phyllis Schwahn, <br /> Secretary <br /> - 10 - <br />