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BOARD OF ADJUSTMENT - Minutes <br /> P.H. May 24, 1979 <br /> Page 7 <br /> 41, 2. Denial of variance would not prevent nor deny existing use of <br /> property. <br /> 3. Variance would set a precedent by allowing a convenience hardship <br /> encroachment into shoreline setback which in turn could be the <br /> basis of further encroachment by others. <br /> CONCLUSION: <br /> a. Unnecessary hardship not proven. <br /> b. Variance would be based on convenience. <br /> c. Variance would be contrary to public interest. <br /> Motion carried. <br /> #778. Motion by Voges second by Purcell to hold in abeyance until the <br /> next regular scheduled public hearing. <br /> Motion carried. <br /> #779. Motion by Schwahn, second by Kruschke, to deny. <br /> FINDING OF FACT: <br /> 1. Variance is needed only for the deck portion of residence and <br /> could be designed so as to comply with shoreland setback. <br /> CONCLUSION: <br /> a. Unnecessary hardship not proven. Motion carried. <br /> #780. Motion by Voges, second by Purcell, to grant a variance of 8 <br /> feet from required shoreland setback. <br /> FINDING OF FACT: <br /> 1. Addition is necessary to enlarge summer cottage into a permanent <br /> retirement residence. <br /> 2. Addition will be farther back from the lake than the residence on <br /> the adjacent property and will not be basis for farther encroach- <br /> ment by others. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance preserves the zoning ordinance as much as possible <br /> without injustice to applicant. <br /> c. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #781. Motion by Voges second by Schwahn to grant request to withdraw. <br /> Motion carried. <br /> #759. Don Simon, Inc. - interpretation of ordinance held in abeyance; <br /> Zoning Administrator L. J. Enger stated that, after further study, he <br /> agrees with the appellant, the Zoning Ordinance is vague and ambiguous. <br /> Motion by Voges second by Schwahn, contention by appellant is upheld; <br /> motion carried. <br />