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BOARD OF ADJUSTMENT - Minutes November 18, 1982 Page 5 c) . Engineering, public health and safety are factors subject to building code and must be satisfied irregardless of the decision on this appeal. d) . Bowman Farms, Inc. , thru its agent Duane Bowman, Jr. , was aware of the 10 foot side yard requirement in the A-B (Agri-Bus.) District when application for the re-zone of the property was submitted. There was no guarantee that a variance could or would be granted. ,f e) . Variances are not decided by who, or, how many object or approve, but, must be determined on the basis of unnecessary hardship. f) . Desired displays, etc. could be incorporated into a re-designed building without losing the historic significance of the property. g) . Unnecessary hardship was not proven. Motion carried. #1092. Bakke, Madision - request by Town of Madison to re-consider. The Board took no action. The Board discussed renewable energy resource variances; motion by Harvey, second by Purcell to suggest to the state legislators that the following amendments be added to ss 60.031 (8) (b) - (Chapter 354 Laws of 1981) (A) . Serves to protect an existing renewable energy system located on a neighboring property. RE: Attorney John Peacock suggested that a provision such as this be included in local zoning ordinances. I suggest that, as long as the legislature has decided to specify rules for not granting a variance, this statement or condition be included in the statutes so there will be no question of compliance with or contradiction to the statutes by a local ordinance. (B) . Serves to protect the open space intent, road setback, area coverage or height restrictions of a local ordinance. RE: The statute should provide some latitude for consideration of perti- nent restrictions of local ordinances. These restrictions are also in the public inerest and if ignored could lead to a defeat of the open-space intent of an ordinance and permit encroachments into areas of potential road improvements. Motion,carried. Motion by Harvey, second by Purcell to adjourn. Motion carried. Meeting was adjourned at 9:20 p.m. Phyllis Schwahn, Secretary Minutes filed with Dane County Clerk's Office on is