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BOARD OF ADJUSTMENT - Minutes April 26, 1979 Page 4 4(4; 2. Spoils shall be seeded with fast growing grasses. Motion carried. #763. Motion by Schwahn, second by Purcell to grant the Special Exceptio Permit as proposed. 1 FINDING OF FACT: 1. Raised railroad bed located between project and creek effectively prevents siltation or erosion problems. SPECIAL INSTRUCTION: As proposed. Motion carried. #764. Motion by Krushchke, second by Schwahn to grant a variance of 3 feet, more or less, from the required setback from Willow Street and a variance of 2.8 feet, more or less, from the required distance from the rear (South) lot line. FINDING OF FACT: 1. The Paynes bought the house from a developer and were not re- sponsible for location of the house on the lot. 2. Sale of house by the Paynes is held up because of disclosure of the setback and rear yard violations. CONCLUSION: a. Proven case of unnecessary hardship. CI; Motion carried. #765. Motion by Voges, second by Purcell to hold in abeyance until May public hearing. Motion carried. #766. Motion by Schwahn, second by Kruschke to deny. FINDING OF FACT: 1. Although the variance would permit less fill in a flood zone area it would also lesson the flood protection to the building which is a primary purpose of the ordinance. 2. Less flood protection may be acceptable to present owner but it could also have an adverse effect upon a future owner, insurance claims, etc. and resulting costs to the public. 3. There is no topographic hardship and engineering of the slope will accomodate airplanes; basically, the only evident hardship is financial and this the Board may not consider. CONCLUSION: a. Unnecessary hardship not proven. Motion carried. #507. Motion by Voges, second by Purcell to deny. The Board now has not jurisdiction in this matter because of the new flood zone ordinance effective on September 26, 1978. Motion carried. C7` The meeting was adjourned. Phyllis Schwahn, Secretary