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BOA MINUTES 12/19/91 Page 3 try #2211. Appeal by Robert & Janet Klosterman for a variance from required setback from normal high watermark as provided by Section 11.03(2) to permit residential garage as constructed at 4281 Daentl Road in the SW 1/4 SE 1/4 - Section 5, Town of Burke. IN FAVOR: R & J Klosterman OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources. Quackenbush/Clark-Gaskill to grant, with condition, variance of 22 more or less from required setback to normal high watermark to allow accessory building as constructed. CONDITION: 1). That 8 foot lean-to addition, added without benefit of variance or permit be removed. FINDING OF FACT: 1). Structure built by previous property owner, permit issued September 1975. 2). Applicant requests variance to satisfy lending institution. 3). Additional 8 foot lean-to added by previous owner without benefit of permits. 4). Structure may have been in complying location when constructed however normal high watermark may have changed over past 15+ years. CONCLUSION: 1). Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 5-0. #2212. Appeal by David & Kimery Morrissey for a variance from required sideyard as provided by Section 10.05(7) to permit residence as constructed at 2446 Erickson Street being Lot 12, Bell View Plat - Section 13, Town of Pleasant Springs. IN FAVOR: E. Morrissey OPPOSED: --- Communication: ---. Edgar/Quackenbush to hold in abeyance, not to exceed February Hearing, to allow applicant time to investigate possibility of land acquisition to fulfill sideyard requirement. Motion carried - 4-0. Rendall, absent). #2214. Appeal by Richard Kessenich and Linda Poulsen for a variance from required setback from normal high watermark as provided by Section 11.03(2) to permit single family residence as constructed at 5311 Lighthouse Bay Drive being Lot 39 - Brickson Park - Section 27, Town of Westport. IN FAVOR: D. Kessenich, L. Poulsen OPPOSED: --- COMMUNICATION: Town Board. Quackenbush/Clark-Gaskill to grant variance of 51 more or less feet from required setback to normal high watermark to permit residence as constructed. FINDING OF FACT: 1). Residence is as constructed under zoning permit issued in error. 2). Survey submitted for permit application does not indicate normal high watermark other than main channel. 3). Property is in an area of previous filling, and while is above normal high watermark, adjoins unfilled lands. 4). Property is in an area of previous permits to fill and similar variances granted. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. 2). Variance is necessary to provide right enjoyed by others. Motion carried - 5-0.