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BOA 10/27/94 Minutes Page 4 CONCLUSION: 1) . Variance is not contrary to rights of others or to the public interest. 2) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 4-0. #2574. Appeal by Scott Hangartner and Marianne Welsh for a variance from required setback from road as provided by Section 10. 17 (5) to permit residential garage construction and also for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling/grading, etc. within 300 feet of Lake Waubesa at 4238 Morris Park Road being Lot #2 , Morris Park - Section 8, Town of Dunn. IN FAVOR: S. Hangartner, M. Welsh OPPOSED: --- COMMUNICATION: Town Board DREPS/RLOPP to grant with condition variance of 15 feet from required setback from right-of-way of Morris Park Raod to permit construction of residential detached garage, also to hold request for Special Exception Permit until November Hearing pending further submittals. CONDITION: 1) . Setback variance granted contigent upon Special Exception �r Permit being obtained at November 17 , 1994 Public Hearing. FINDING OF FACT: 1) . Setback variance request is comparable to numerous others granted in the area. 2) . Lot drops away from road toward the lake rather sharply further limiting buildable area. 3) . Proposed structure is to replace and expand garage in need of repair. 4) . Fill and grade necessary for retaining structure and fill to bring garage floor to grade of Morris Park Road. CONCLUSION: 1) . Variance is not contrary to rights of others or to the public interest. 2) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 4-0. #2575. Appeal by Gray-Bahl Carstar Collision for a variance from required rearyard/sideyard as provided by Section 10. 14 (6) and (7) to permit addition to commercial building at 3321 Commercial Avenue being Lots 52, and 53 , Block #15, E. L. Gallagher's 2nd Addition - Section 5, Town of Blooming Grove. IN FAVOR: D. Gray OPPOSED: --- COMMUNICATION: --- DREPS\GASKILL to grant a variance of 6 feet from required sideyard/rearyard to allow replacement of existing building and additional storage building as located erected.