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BOARD OF ADJUSTMENT - Minutes April 26, 1979 Page 3 #759. Motion by Voges, second by Purcell to hold in abeyance, for furthe study, until May public hearing. Motion carried. #760. Motion by Kruschke, second by Schwahn to grant a variance of 12 feet from the required setback from the center of Range Trail. FINDING OF FACT: 1. Terrain, existing buildings and farm lot lay-out prevent addition elsewhere. 2. State requirements for minimum window area and slope of land alongside of barn prevent building wider in lieu of towards the road. 3. State codes also require the larger milkhouse tank for which the addition is intended. CONCLUSION: a. Proven case of unnecessary hardship. b. Variance is not contrary to rights of others or to the public interest. c. Hardship is caused by the ordinance and is not self-imposed. Motion carried. #761. Motion by Voges second by Krushchke to deny. FINDING OF FACT: (1, 1. Existing lots #479 and #480 are being utilized for a non-conformin• duplex dwelling. 2. Proposed variances would allow 2 lots to bw used for 3 residences, in effect, an increase in density. 3. Town board supervisor stated that many area residents appeared at town meeting in opposition to said increased density, affect on property values, etc. CONCLUSION: a. Desire to place another residence on the property does not constitute a hardship. Lots are already utilized for a duplex. b. Increased density can be obtained by conditional use or re-zon'ng to multifamily. c. Adverse effect on property values must be considered. Motion carried. #762. Motion by Voges, second by Purcell to grant the special exception permit. FINDING OF FACT: 1. Dredging of ditch is necessary for crop land drainage and pro- tection of road bed. 2. Spoils will be placed in low are3in cattle pasture with little or no effect on siltation or erosion of creek. SPECIAL INSTRUCTIONS: 1. Spoils shall be distributed as per flood zone permit #FP-11.