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Board of Adjustment - Minutes <br /> September 27, 1979 <br /> Page 6 <br /> #822. Motion by Voges, second by Purcell to grant a variance of 38 1/2 <br /> feet from required setback from center of S.T.H. 69. <br /> FINDING OF FACT: <br /> 1. Existing building is non-conforming as to setback. Variance <br /> would be required for any addition to the residence. <br /> 2. Addition is well behind the front of the residence. <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 /> #823. Motion by Schwahn, second by Krushcke to grant a variance from re- <br /> quired setback from C.T.H. "M" and a 3 foot variance from required rear <br /> yard. <br /> FINDING OF FACT: <br /> 1. Existing residence is non-conforming as to setback and variance <br /> would be required for any addition. <br /> 2. Shallow depth of lot causes hardship; 42 foot right-of-way set- <br /> back with 50 foot required rear yard provides only a 7 foot <br /> strip, across the lot, in which a residence could be located in <br /> compliance with provisions of the ordinance. <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 /> c. Hardship is caused by the ordinance and is not self-imposed. <br /> Motion carried. <br /> #824. Motion by Purcell, second by Schwahn to grant a variance of 8 <br /> feet from the required setback from normal high waterline. <br /> FINDING OF FACT: <br /> 1. Addition will be approximately 2 feet farther back from waterline <br /> than the existing residence to the West. <br /> 2. Other residences in this area are as close, or closer to the <br /> waterline. <br /> 3. Enforcement on one individual will not safeguard the shoreland <br /> setback. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance is necessary to provide right enjoyed by others. <br /> c. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #825. Motion by Kruschke, second by Schwahn to hold in abeyance, as per <br /> Town Board request, until next scheduled public hearing. Motion carried. <br /> #826. Motion by Voges, second by Purcell to grant a variance of 1,000 <br /> square feet from required lot area for each apartment and a variance <br /> of 70 spaces from total required parking, subject to review by the <br /> Board of Adjustment at intervals of 6 months and 1 year after the pro- <br /> ject has commenced operation. The purpose of said review shall be to <br /> determine if the project can comfortably operate within the reduced area <br /> and parking. If it is determined that lot area or parking is over- <br />