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BOA/Minutes/4/28/94 (11, Page 7 #2507 . Appeal by George and Norma Maddrell for a variance from required setback from normal high watermark as provided by Section 11. 03 (2) to permit residence as constructed, and also for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading, etc. , within 300 feet of Fish Lake at 7896 Fish Lake Road being Lots 15 and 16, Gaukel ' s Fish Lake Subdivision - Section 3 , Town of Roxbury. IN FAVOR: G & N Maddrell, C. Bongard - OPPOSED: --- COMMUNICATION: Environmental Health GASKILL/KLOPP to hold request, not beyond June Hearing, pending submittal of requested items and be included on site visit. Motion carried - 3-0. PETITIONS FROM PREVIOUS HEARINGS: #2478 . Vermont Lutheran Church - Vermont. January 27 , 1994 Public Hearing. IN FAVOR: D. Schultz, K. Schefer OPPOSED: --- COMMUNICATION: KLOPP/GASKILL to grant, with conditions, variance of 17 feet from required setback to right-of-way line of Vermont Church Road to permit enclosed entry addition to existing church. CONDITIONS: 1) . A addition shall be removed at the owner ' s expense if future road improvement requires additional right-of-way. 2) . That highway relocation documentation be duely recorded. 3) . That applicant ' s receive all other necessary governmental agency approvals. FINDING OF FACTS: 1) . Variance will allow addition within required setback and 46 feet from centerline. 2) . Town will be vacating and relocating right-of-way to move away from structure. 3) . Federal law requires church to accommodate handicapped individuals and project includes accessible entryway. 4) . Structure is located on a twisting sloped township road, however not heavily traveled. 5) . Existing structure 100 ± years old. CONCLUSION: 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2) . Variance is not contrary to rights of others or to the public interest. Motion carried - 3-0 . L