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BOARD OF ADJUSTMENT October 28, 1982 Page 3 460 3) . The building is not intended at this time for storage of items to be utilized in the construction of a residence. 4) . No use of the property has been established. 5) . Said "problem" is common to all vacant lots in a residential district. 6) . Granting of a variance would set a precedent which could be utilized by others. CONCLUSION: 1) . Unnecessary hardship was not proven. 2) . Proper procedure for remedy of "common condition". is amendment of Zoning Ordinance rather than a variance. Motion carried. #1107. Motion by Schwahn, second by Purcell to grant a variance of 24 feet, more or less, from required setback from Mid-town Road with the condition that the pertinent portion of the addition shall be removed at the owners expense if future road improvement requires additional right-of-way. FINDING OF FACT: 1) . Additional 27 feet of right-of-way, 60 feet to center of road, was re- quired in city approval of certified survey for the property. Other properties in the area have the regular 33 feet to center of road. 2) . Garage location to West of residence prohibited by septic area; location to North prohibited by lot line. CONCLUSION: (111, 1) . Proven case of unnecessary hardship. 2) . Variance is necessary to provide right enjoyed by others. 3) . Hardship is caused by the ordinance and is not self-imposed. Motion carried. #1108. Motion by Kruschke, second by Schwahn to grant a variance of 4.5 feet, more or less, from the required setback from S.T.H. 78 with the pertinent portion of the addition being removed at the owners expense if future road imrpovement requires additional right-of-way. FINDING OF FACT: 1) . Location of residence is such that the addition cannot he constructed without a variance; there will still be 62, plus, feet to highway. 2) . Other residences in the area are much closer to the road. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is not contrary to rights of others or to the public in- terest. Motion carried. #1109. Motion by Harvey, second by Schwahn to grant a variance of 12 feet from required left side yard/road right-of-way. FINDING OF FACT: 1) . Roadway along left property line is unimproved and is actually a deep, sloping drainage swale. Intent is to request vacating of the road but procedure will take time to implement. 2) . Addition will be utilized for a jucuzzi for hydrotherapy of Mrs. Duesler's rheumatoid arthritis. Mrs. Duesler, otherwise, cannot take the winter weather.