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BOARDD Ol'' A1)Th ;'t'MI?N'E - Minutes Juno 23, .I983 Page 3 #1154. Motion by Harvey, second by Kruschke to grant a variance of 0.3 foot from required setback from Rosenberry Road. FINDING OF FACT: 1) . Mr. Montague is second owner of building and was not responsible for construction. 2) . Setback violation was not disclosed by zoning inspector at time of construction. 3) . Building was constructed in 1971 and setback encroachment was not evident until recent survey was made. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is not contrary to rights of others or to public interes•. 3) . Variance preserves the zoning ordinance as much as possible with- out injustice to applicant. Motion carried. 1155. Motion by Schwahn, second by Kruschke to grant a variance of 12.5 feet, more or less, from required setback from Furey Avenue. FINDING OF' FACT: 1) . Complying location for garage would require substantial excavation o" the lot, and loss of two good trees. 2) . Similar variances have been granted to others in the area primarily (my because of the narrow width of the lots. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is necessary to provide right enjoyed by others. 3) . Variance is not contrary to rights of others or to the public interest. Motion carried. #1156. Motion by Harvey, second by Kruschke to hold in abeyance until July meeting; location of waterline behind garage has to be determined. Motion carried. #1157. Motion by Kruschke, second by Schwahn to grant a variance of 12.1 feet, more or less, from the required setback from Fourth Street. FINDING OF FACT: 1) . Existing residence is 80 years old constructed prior to ordinance. 2) . Additionwill not cause further encroachment. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is not contrary to rights of others or to the public interest. Motion carried. #1158. Motion by Schwahn, second by Harvey to grant a variance of 9 feet 410;) from required setback from normal high waterline. FINDING OF FACT: 1) . Water and ice action is eroding shoreline; several feet have been lost since 1979. 2) . Residence existed prior to shoreland ordinance.