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BOA 11/19/92 Minutes Page 2 CONCLUSION: 1). The project as planned, with specified conditions; will not result in substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 3-0. #2311. Klopping - Medina - 10/22/92 P.H. IN FAVOR: D. Klopping, R. Sutkay OPPOSED: --- COMMUNICATION: Town Board. Gaskill/Dreps, deny. FINDING OF FACT: 1). ZP 92 1827 issued for new residence with site plan showing 30 feet setback from property line. 2). Floor plan was changed and residence location shifted to accommodate slope of lot. 3). Lot slopes greatly away from road and fill was brought in to maximize buildable area. 4). There is a slight curvature of property line towards residence. 5). Encroachment is a triangular piece not extending width of garage - appears setting structure slightly askew would have prevented encroachment. CONCLUSION: 1). Unnecessary hardship was not proven. Motion carried - 3-0. #2319. Gluth - Dunn - 10/22/92 P.H. IN FAVOR: E & J Gluth, aTiace OPPOSED: --- COMMUNICATION: Town Board Gaskill/Lynch to hold request not beyond February Hearing to allow appliant to provide additional information. Motion carried - 3-0. #2323. Appeal by James E. Wallace for a variance from required maximum height of accessory buildings as provided by Section 10.05(3)(b) to permit construction of residential garage at 76 USH 14 in the N 1/2 SE 1/4 - Section 32, Town of Rutland. IN FAVOR: J. Wallace, N. Freedman OPPOSED: --- COMMUNICATION: ---. Dreps/Gaskill to deny requested Variance from maximum average height of accessory building as proposed. FINDING OF FACT: 1). Applicant has property zonedR-1 which has a 12 foot maximum average height limit. 2). Applicant requests Variance of 3.13 feet to allow loft/storage space above and 2-car garage below. 3). An additional structure or larger single garage could accommodate needed storage. 4). Applicant has constructed 22' x 26' lower level under permit. CONCLUSION: 1). Unnecessary hardship was not proven. Motion carried - 3-0. #2324. Appeal by Ted A. Williams for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa at 3417 Stoney Crest Road in the W 1/2 SW 1/4 - Section 13, Town of Dunn. tow IN FAVOR: T & J Williams OPPOSED: --- COMMUNICATION: R & R Sherman, P & N Nesson Gaskill/Lynch to hold request in abeyance not beyond January Hearing to allow applicant to provide required engineering detail. Motion carried - 3-0.