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BOARD OF ADJUSTMENT - Minutes April 15, 1977 Pg. 3 #561. Motion by Voges second by Dahlk to grant a 5 foot variance from required right side yard with the condition that the deck be neither enclosed or roofed and as per on finding of fact 1. Deck will provide outside entrance for main floor. level. 2. Outside edge of deck will be in-line with outside wall of resi- dence and only 1 foot closer to the lot line. 3. The 10 foot required side yard would permit only a 3 foot deck which could not be utilized for the purpose intended. 4. No objection from neighbor if deck were not enclosed or roofed. CONCLUSION: A. Proven case of unnecessary hardship. B. Variance preserves the zoning ordinance as much as possible without injustice to applicant. C. Variance is not contrary to rights of others or to the public interest. Motion carried. #562. Motion by Dahlk second Voges to grant a Special Exception Permit as proposed with special instructions as follows: 1. Banks shall be seeded to prevent erosion. 2. Excavated spoil shall he worked into surrounding field area. 3. Excavation at farm field entrance on N. Jargo Road shall be filled or completed on or before April 25, 1977. Motion carried. #563. Motion by Voges second by Dahlk to grant a 41 foot variance from required setback from normal high water line and to amend petition to include and grant a 3 foot variance from required right side yard, as per finding of fact. 1. Proposed construction will utilize a portion of existing re- . taining wall and will encroach no farther into required side yard. 2. Structure will help to stabilize bank and prevent future ero- sion or collapse of bank . 3. No objection from neighbor. CONCLUSION: A. Variance preserves the zoning ordinance as much as possible without injustice to applicant. 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. #564. Motion by Dahlk second by Voges to grant a variance from required setback from the right-of-way of Deerpath Road as per finding of fact. 1. Required 30 foot setback, septic location, marshy unbuildable area and saving of several valuable trees; create a hardship and make it impossible to comply with ordinance requirements. 2. Construction of a single family residence is a permitted use of the property in question; construction of such residence 10 foot closer to the right-of-way of the road will in no way affect the property or esthetic values of the area. • •