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BOARD OF ADJUSTMENT - Minutes <br /> August 28,1980 <br /> Page 7 <br /> C #922. Motion by Schwahn, second by Kruschke to deny. <br /> FINDING OF FACT: <br /> 1. Scale was constructed without prior verification of location. <br /> by Zoning Department. <br /> 2. Other locations are available on the truck-stop property which <br /> would be compatible with scale operation, traffic flow, etc. <br /> 3. Scale house meachnism could also be installed inside the existing <br /> truck-stop building. <br /> CONCLUSION: <br /> a. Unnecessary hardship was not proven. <br /> Motion carried. <br /> 1 #923. Motion by Voges, second by Purcell to grant a variance of 11 feet <br /> r <br /> from the required setback from C.T.H. "K". <br /> FINDING OF FACT: <br /> 1. Proposed location of bins is necessary to utilize existing grain <br /> conveyor system. <br /> v 2. C.T.H. "K" has a 45' right-of-way from centerline at this location <br /> and County Highway Department has no objection to variance. <br /> 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 /> #924. Motion by Kruschke, second by Schwahn to hold decision in abeyance <br /> to allow time for finalization of plans. <br /> Motion carried. <br /> #925. Motion by Purcell, second by voges to grant a variance of 1 1/2 <br /> feet from maximum permitted height. <br /> FINDING OF FACT: <br /> 1. This 58 acre parcel was zoned residential as per town planning <br /> in 1950 and is utilized by only one residence and farm crops. <br /> A maximum height restriction, in this instance, does not protect <br /> open space or other concerns of the ordinance. <br /> 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 /> c. Hardship is caused by the ordinance and is not self-imposed <br /> Motion carried. <br /> #926. Motion by Voges, second by Purcell to hold in abeyance to provide <br /> time for assistance from Corporation Counsel; a special meeting may be <br /> held if necessary, date to be set at the discretion of the chairman. <br /> Motion carried. <br /> #927. Motion by Schwahn, second by Purcell to grant a variance of 55 <br /> 4 feet from required setback from normal high waterline. <br /> FINDING OF FACT: <br /> 1. Existing residence is non-conforming as to setback from water. <br /> 1 <br />