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BOA/MINUTES/10/28/93 <br /> 4110, Page 9 <br /> Motion failed 2-2 (Klopp and Lynch - No) <br /> Dreps/Lynch to hold request in abeyance until November hearing <br /> pending further information. <br /> Motion carried 4-0. <br /> #2458. Appeal by Edward Solner, agent for Chang Hsu for a <br /> variance from required setback from road as provided by <br /> Section 10. 17 (3) to permit addition to existing <br /> restaurant at 7573 CTH S (West Mineral Point Road) in the <br /> NE 1/4 NW 1/4 - Section 29, Town of Middleton. <br /> IN FAVOR: E. Solner OPPOSED: --- COMMUNICATION: Town Board, County <br /> Highway <br /> Klopp/Lynch to grant with condition variance of 24 . 4 feet from <br /> required setback to right-of-way of Neale Place to permit second <br /> story addition over existing structure. <br /> CONDITION: <br /> Approval is subject to receiving all other necessary governmental <br /> agency approvals. <br /> FINDING OF FACT: <br /> 1. Proposal is to construct 2nd story over existing footprint for <br /> this purpose of restaurant expansion. <br /> 2 . Variance #1334 granted (3/28/85) to allow second level <br /> addition to which this appeal is to construct atop. <br /> 3 . Request will neither encroach nearer to either right-of-way <br /> than already exists. <br /> 4 . County Highway setback is unaffected by this request. <br /> CONCLUSION: <br /> 1. Variance preserves the zoning ordinance as much as possible <br /> without injustice to applicant. <br /> 2 . Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried 4-0 . <br /> APPEALS FROM PREVIOUS HEARINGS (Continued) <br /> #2445 Neitzel - Dunn - 9/23/93 PH. <br /> Dreps/Klopp to deny requested variances from requirements of <br /> 10. 23 (2) and setback from NHWM to permit addition to existing <br /> residence. <br /> FINDING OF FACT: <br /> 1. Proposed addition expenses will exceed more than 50% of the <br /> assessed value of original residence in 1970. <br /> 2 . Dane County adopted a shoreland ordinance which limits <br /> building setbacks from NHWM in 1970. <br /> 3 . Close proximity to the NHWM deems structure to be "non- <br /> conforming" . <br /> 4 . Previous variance (#927 - 8/28/80) did not address the 50% <br /> requirement and substantial addition was added at that time. <br />