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BOA 9/26/91 MINUTES Page 8 Quackenbush/Rendall to grant variance of 10.5 more or less feet from average setback to normal high watermark to permit 4' x 20' deck addition to lakeside of existing residence. Motion carried - 5-0. FINDING OF FACT: 1). Applicant has reduced excavated area by 8 feet or roughly 1/3 of original request. 2). Deck replaces original deck removed during construction. 3). Adjoining residence, also has lower level walk-out. 4). Deck will extend into setback by 4 feet and run from 2 feet westside_ of patio door, Easterly not to exceed 8 feet beyond sidewall of residence. 5). Deck is needed to exit patio door 8 feet above grade. CONCLUSION: Special Exception: 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. Variance: a. Variance is not contrary to rights of others or to the public interest. b. Variance preserves the zoning ordinance as much as possible without injustice to applicant. #2162. Hartwig - Dunn - 8/22/91. 1 Quackenbush/Rendall to grant variance to permit deck to cover existing foundation. Motion failed - 0-4. (Rendall - abstain). Clark-Gaskill/Harvey to hold until October Hearing to allow applicant to incorporate setback from road/sideyard variance for consideration. Motion carried - 5-0. #2166. Kuhl - Medina - 8/22/91. Rendall/Quackenbush to grant variance of 28 feet from required setback to centerline of Towerline Road to permit reconstruction of storm damage garage. FINDING OF FACT: 1). Original garage was destroyed by storm damage. 2). Applicant wishes 45 x 24 garage to be built. 3). Town in favor of location 35 feet from centerline. 4). Septic and existing farm buildings limit buildable area. CONCLUSION: 1). Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 5-0. #2151. Jaworski - Pleasant Springs - 7/25/91 Edgar/Clark-Gaskill to deny requested variance from setback to normal high watermark and sideyard to permit storage building to be located within normal high watermark setback and too near property line. FINDING OF FACT: 1). Building located within required zoning permit. 2). Ordinance specifies only boathouses area structures to be located within setback from normal high watermark.