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. . • - <br /> February 20: 1'31 <br /> Page 3 <br /> Moti on by Voges, second by Schwalm to grant a var i ance of 1e; <br /> inches from required right side yard. <br /> FINDING OF FACT: <br /> 1. Problem was caused by the pool installer who was under contraet to <br /> provide all required permits, inspections, etc. , but fai led in <br /> several areas. Owner has assume-,d that pool complied with zoning pro- <br /> visions. <br /> 2. Encroachment is minimal; approximately 10 inches at closest point and <br /> 4" at farthest point. The pool is in ground and does not project <br /> above grade. <br /> 3. Locational compliance would require complete re-build of the pool <br /> and seems unduly severe in light of the circumstances. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance preserves the Zoning Ordinance as much as possible withr <br /> out injustice to applicant. <br /> c. Variance is not contrary to rights of others or to the putiie <br /> interest. <br /> Motion carried. <br /> #966. Motion by Kruschke, second by Schwahn to grant the Special Excel-- <br /> tion Permit with the following conditions: <br /> 1. Filling & final grade of the lot shall he coordinated with adja- <br /> cent lots and Town Board to alleviate possible drainage or l :�nding <br /> (tio <br /> problems. <br /> 2. A revised topographical. site plan shall be submitted to the 'oning <br /> Department before work commences. <br /> 3. N lied area shall be scalded or seeded with fast growing grasses <br /> and mulched to prevent siltation or erosion. <br /> FINDING OF FACT: <br /> 1 . (History) The area, formerly outlot #A of the Plat of Nauche' ta, <br /> was fil led prior to 1'369 but the area was left very rough without <br /> a finish grade. Mr. Jerome Sinaiko obtained a Special Exception <br /> Permit 4236, September I '73 to filI and level the property correctly <br /> for residential use . Once again , the work was not fully completed. <br /> Recently, Special Exception Permits, #0 2 and »953, were issued <br /> for the adjacent Lots 2 & 1, North of this property, to a1lo:; <br /> final contours and grades for construction of residences. <br /> 2. rho original fi 1 ling of the property occurred before the sho-e land <br /> ordinance was effective. Subseelnent filing/grading has been pri - <br /> marl ly, to finish off what had been started. <br /> 3. Conditions; of the permit will an:;ure that the provi::ions; of t9 • <br /> c,rd in.urr•,' are prot ecl ed. <br /> erN('l,li:;l(iN: <br /> 1 . 'file Arne legit as planned, with i -et i i, ,l e•onii l gn•:; wi 11 to •t r ••- <br /> sult insnbstant ial detriment to navigable waters by erotiierl , <br /> sedimentation, imi•airm,nt of fish or agnatic lit,• , or sat.' and <br /> healthful e•ondi-tions. <br /> Motion carried . <br /> C <br />