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BOARD OF ADJUSTMENT October 28, 1982 Page 4 (4) 3) . Addition cannot be located on either side of the residence without a variance or to the front or rear because of topography. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is not contrary to rights of others or to the public in- terest. Motion carried. #1110. Motion by Schwahn, second by Kruschke to deny. FINDING OF FACT: 1) . Setback violations occurred under Paul's Power Center ownership. Construction was by American Structures. Variances were previously denied on basis of "self imposed hardship". 2) . The bank waived survey requirements for the construction and accepted a contract with Paul's Power Center which specified the construction would be located in compliance with zoning requirements. 3) . Setback encroachment problem was inherited by Randall Bank due to bank- ruptcy and foreclosure action. 4) . U.S.H. 18-151 right-of-way is exceptionally wide but it maintains this width for a considerable distance in this area causing a similar or common condition for all properties fronting on it. 5) . Purported hardships; inherited problem, considerable expense to correct, timely resolution, etc. , are problems personal to Randall Bank and not the property in question. CONCLUSION: 1) . Inheritance of a violation of the ordinance does not relieve the responsiblity for compliance. 2) . Contracts between individuals or reliance upon others do not relieve the responsibility for compliance. Randall Bank made the decision to take the risk involved by relying on Paul's Power Center to comply with locational requirements. 3) . Proper remedy for a common condition, such as an exceptionally wide right-of-way with additional and perhaps unnecessary setback require- ment, is an amendment to the ordinance rather than a variance. 4) . Personal inconvenience is not a basis for unnecessary hardship. It is not the uniqueness of the plight of the applicant, but the unique- ness of the land which causes the hardship. 5) . Unnecessary hardship was not proven. Motion carried. #1065. Bates-Westport: Request by Attorney Joel B. Winnig for permission to re-apply for a variance within on year of denial of said variance. Motion by Schwahn, second by Harvey to deny request; four members of the Board of Adjustment inspected the property on May 25, 1982 and are familiar with the property, ie, : in-field appearances, topography, etc. , . The pro- posed photos or appearance that the residence is not as close to the road as it actually is, does not constitute new evidence. Motion carried. $11.1m5 Motion by Harvey, second by Purcell to adjourn. Motions Meeting was adjourned at 9:40 p.m. Phyllis Schwahn, NOV 2 1982 Secretary Minutes filed with Dane County Clerk's Office on