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BOARD OF ADJUSTMENT - Minutes <br /> October 23, 1980 <br /> Page 3 <br /> A <br /> (le Motion carried. <br /> #941. Motion by Kruschke, second by Purcell to grant a variance of 15 <br /> feet from the required setback from normal high waterline. <br /> FINDING OF FACT: <br /> 1. Other residences in the area are as close or closer than the pro- <br /> posed addition. <br /> 2. No objections to the proposed addition were presented. <br /> CONCLUSION: <br /> a. Variance is necessary to provide right enjoyed by others. <br /> b. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #942. Motion by Purcell, second by Voges to grant a variance of 4.08 <br /> inches from required setback from U.S.H. 14. <br /> FINDING OF FACT: <br /> 1. City of Middleton area on North side of U.S.H. 14 requires only a <br /> 30 foot setback from the right-of-way. <br /> 2. Additional right-of-way has already been provided in the area of <br /> the property in question. ie: 63 feet East of property the <br /> right-of-way is 66' in width; the right-of-way in front of the Ken <br /> Mack property is 82.5 ' wide with the additional being taken on his <br /> side of the centerline; ie: 49.5 ' from centerline to right-of-way <br /> line. <br /> (11, 3. Requiring maximum setback on only one side of a highway provides <br /> unequal or arbitrary enforcement. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance is necessary to provide right enjoyed by others. <br /> Motion carried. <br /> #943. Motion by Kruschke, second by Schwahn to grant a variance of <br /> 9 1/4 inches, more or less, from required left side yard. <br /> FINDING OF FACT: <br /> 1. Other buildings in the area are as close or closer to side lot <br /> lines. <br /> 2. Neighbor has no objection. <br /> CONCLUSION: <br /> a. Variance is necessary to provide right enjoyed by others. <br /> b. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #944. Motion by Voges, second by Purcell to grant variance from provi- <br /> sion of ordinance prohibiting construction of an accessory building on <br /> a parcel without a primary building. <br /> FINDING OF FACT: <br /> 1. Construction of a garage on the primary building parcel would re- <br /> quire an extensive amount of fill and retaining walls. <br /> 411.1\ CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br />