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BOARD OF ADJUSTMENT - Minutes <br /> March 27, 1980 <br /> Page 3 <br /> 3. Denial of side yard variance requires only 1 foot less in width, <br /> from 22 feet to 21 feet, and will still provide a reasonably sized <br /> room. <br /> CONCLUSION: <br /> Setback from water: a) . Proven case of unnecessary hardship. <br /> b) . Variance is not contrary to rights of others or to the <br /> public interest. <br /> Side yard: Unnecessary hardship was not proven. <br /> Motion carried. <br /> #873. Motion by Voges, second by Purcell to deny. <br /> FINDING OF FACT: <br /> 1. There is adequate area on the lot to locate an accessory building <br /> without a variance. <br /> 2. Pre-existanceof a concrete slab does not provide a right to build <br /> on it. <br /> CONCLUSION: <br /> Unnecessary hardship was not proven. <br /> Motion carried. <br /> #874. Motion by Kruschke, second by Voges to grant a variance of 12 <br /> feet from required rear yard. <br /> FINDING OF FACT: <br /> CF, 1.. Residence is located very tightly on lot, rear yard, front setback <br /> and septic area prevented location to provide room for a deck. <br /> 2. Residence is of conventional size, not overly large. <br /> 3. Many other residences in the area have decks. <br /> CONCLUSION: <br /> a) . Proven case of unnecessary hardship. <br /> b) . Variance is necessary to provide right enjoyed by others. <br /> c) . Variance is not contrary to rights of others or to the <br /> public interest. <br /> Motion carried. <br /> #875. Motion by Voges, second by Schwahn to hold in abeyance until April <br /> meeting to permit field inspection by Board. Motion carried. <br /> #876. Motion by Schwahn, second by Purcell to hold in abeyance; issuance <br /> of permit shall be subject to: <br /> 1. Immediate clean-up of all refuse which has been indiscriminately <br /> dumped on the property. <br /> 2. Submittal of a plan, no later than June 18, 1980, which shows or <br /> indicates proposed action to correct the following: <br /> a. Removal of items and fill material encroaching on park pro- <br /> perty and beyond truck stop property line. <br /> b. Stabilization of fill bank to prevent siltation and erosion. <br /> c. Prevention of dumping by truckers or provision of a contain=d <br /> dumping area which can be regularly emptied and maintained. <br /> d. If paving of surface is intended, control of surface run- <br /> 411."' off; water, fuel and oil, is necessary, and a minimum 10 <br /> foot wide grassed or decorative crushed rock buffer strip, <br /> between pavement and property line, shall be provided. <br /> Motion carried. <br />