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BOA 6/24/93 Minutes Page 4 3). Property is in an area of numerous nonconforming structures with numerous variances granted. CONCLUSION: I ). 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 - 5-0. #2398. Appeal by Herman Wipperfurth for a variance from required setback from normal high watermark and required sideyard as provided by Section 11 .03(2) and 10.07(7) to permit additions to existing residence at 5354 Blue Bill Park Drive being Lot #15, Blue Bill Park - Section 22, Town of Westport. IN FAVOR: D. Matthews, H. Wipperfurth OPPOSED: --- COMMUNICATION: Department of Natural Resources, Town Board. Dreps/Lynch to deny lower level deck/observation platform which extends to normal high watermark also; to grant variance of 37.5 feet from normal high watermark and variance of 3 feet from required left sideyard to permit deck, extending from residence, and stairs as exists. Motion carried - 5-0. Dreps/Lynch to grant variance of 19.5 feet from required setback to normal high watermark to permit 20' x 24 ' residential addition to existing residence. Motion carried - 5-0. FINDING OF FACT: 1 ). Both existing decks were constructed without necessary variances and permits. 2 ). Upper level deck was erected in place of deteriorated porch which was removed. 3). Proposed addition will be utilized as bedroom and bath. 4) . Proposed addition is situated between sewer and wellhead. 5). Sideyard encroachment is a continuation of existing building line. CONCLUSION: a). Upper deck and stairs. Also, proposed 20 x 24 addition: T. Variance is necessary to provide right enjoyed by others. 2. Variance is not contrary to rights of others or the public interest. b). Lower deck/observation platform. T. Unnecessary hardship was not proven. #2399. Appeal by David Gottschalk, agent for Brian Pieper and Marjorie Brancel for a Special Exception Permit as provided by Section 11 .05(3) to permit filling, grading, etc. , within 300 feet of tributary to Maunesha River in the NE 1/4 NE 1/4 - Section 23, Town of Medina. IN FAVOR: D & B Gottschalk OPPOSED: --- COMMUNICATION: Neighbor - R. Jacobson Lynch/Gaskill to hold request in abeyance until July Hearing to allow for additional input (from Ag-Extension, D.N.R. , County Engineer etc.) also, to view on next site visit. Motion carried - 5-0.