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B.O.A./Minutes/8/25/88 <br /> Page 7 <br /> CONCLUSION: <br /> 1) . Unnecessary hardship was not proven. <br /> Carried - 4-0. <br /> #1753. Jones/Quackenbush to grant with condition variance of 10.5 more or <br /> less feet from required rearyard also, to grant variance of 127 square feet <br /> more or less feet from maximum allowable lot coverage to permit addition to <br /> existing residence. <br /> CONDITION: <br /> 1) . Addition shall not extend nearer to left sideyard than existing residence. <br /> FINDING OF FACT: <br /> 1). Lot is extremely small, being 40 feet wide and 90 feet long. <br /> 2). Property is in an area of other non-conforming residences. <br /> CONCLUSION: <br /> 1). Variance preserves the zoning ordinance as much as possible without <br /> injustice to applicant. <br /> 2). Variance is not contrary to rights of others or to the public interest. <br /> Carried - 4-0. <br /> #1754. Harvey/Quackenbush to hold in abeyance until September 22nd hearing to <br /> allow applicant to meet with Plan Commission and Town Board to resolve <br /> objections. <br /> Carried - 4-0. <br /> #1755. Quackenbush/Harvy to grant variance of 0.5 more or less feet from <br /> required left sideyard to permit residence as constructed. <br /> FINDING OF FACT: <br /> 1). Originally foundation was "red-tagged" for sideyard, builder relocated <br /> stakes and building completed. Mortgage survey disclosed violation. <br /> 2). Applicant purchased property without knowing sideyard violation existed. <br /> 3). Adjoining lot has setback variance. <br /> 4). Adjoining owner is unwilling to sell lands to remove violation. <br /> CONCLUSION: <br /> 1). Variance preserves the zoning ordinance as much as possible without <br /> injustice to applicant. <br /> Carried - 4-0. <br /> #1756. Quackenbush/Harvey to grant variance of 4.25 more or less feet from <br /> required setback from Oak Hill Road to permit second story addition to <br /> residence. <br /> FINDING OF FACT: <br /> 1) . Proposed addition will not extend nearer to road than existing residence. <br /> 2). Addition will be over existing lower level - no further encroachment. <br /> 3). No objection from township. <br /> CONCLUSION: <br /> 1) . Variance preserves the zoning ordinance as much as possible without <br /> injustice to applicant. <br /> 2). Variance is not contrary to rights of others or to the public interest. <br /> Carried - 4-0. <br /> #1757. Quackenbush/Jones to split vote on variance and special exception. <br /> Carried - 4-0. <br />