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HOARD OV AO luS I'MENT - Mi.nuteN Aliquot 23, 1975) Page 3 1(:: #812. Motion by Krushchke second by Purcell to grant a variance of 7 feet from the required setback from C.T.H. "Y". FINDING OF FACT: 1. Several other residences, etc. in the area are as close or closer to the road. 2. The Board of Adjustment in .the recent past has granted similar variances in this area. CONCLUSION: Variance is required to permit a right that is enjoyed by others. Motion carried. #784. Motion by Voges, second by Purcell to deny: FINDING OF FACT: 1. Site plan submitted for zoning permit indicated that a 32 foot setback to front of deck would be provided. 2. Actual construction provided only a 27 foot setback to deck; residence location had been moved forward. 3. Slinde family owns all of the property on both sides of road dedi- cated on the Certified Survey. There is the possibility of road relocation by submission of an amended survey. CONCLUSION: (11, a. Hardship was self-imposed. b. Other recourse than variance is available. c. Unnecessary hardship not proven. Motion carried. #755. Motion by Voges second by Purcell to grant revision of the condi- tions on Special Exception Permit #755 Lot #197, East Hill Addition to Belmar, to permit utilization of existing plat development berm. Condi- tions of permit revised as follows: 1. Soil erosion controls shall be designed to prevent siltation and erosion on adjoining properties and Dunn's Marsh or substantial detri- ment to the marsh by reason of impairment of fish or aquatic life. 2. Plans shall be prepared by and construction of soil erosion con- trols supervised by, a registered professional engineer. 3. Seeding, if utilized, shall be with rye grass plus other permanent grasses. 4. Soil erosion controls and buildings shall be implemented and con- structed as per four separate phases: PHASE # 1. a. Site preparation for building #1 which includes utilization of the existing plat development berm. b. Construction of a berm on the West property line which will connect to the existing berm and be designed to engineer specifications to create a siltation pond at the S.W. corner of the lot with stand-pipe overflow provision that will adequat-ly handle siltation, erosion, etc. Berm to be constructed from material excavated from building #1 site.