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BOA 4/22/93 Minutes Page 7 3). Previous owner prior to selling to applicant constructed encroaching structures. 4). Applicant proposes 2 story addition which will meet required yards and setback from normal high watermark. 5). Numerous other nonconforming structures and variances in area. CONCLUSION: 1). 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 - 3-0. Lynch and Klopp, abstain. #2383. Appeal by Jack Bain, agent for James Zerwick for a variance from required sideyard as provided by Section 10.07(7) to permit deck/walkway addition to existing residence at 4862 Trantin Drive being Lot #25, Morris Park - Section 33, Town of Westport. IN FAVOR: J. Bain OPPOSED: --- COMMUNICATION: Town Board. Gaskill/Dreps to hold request in abeyance until May hearing upon request of applicant. Motion carried - 4-0. Klopp, abstain. #2364. Appeal by Robert Kuehling, of Zoning Administrator's interpretation of provisions of Dane County Zoning Ordinance 10.23 pertaining to completion, restoration or enlargement of existing nonconforming structures. IN FAVOR: R. Kuehling OPPOSED: R. Lehman APPEARANCE: Zoning Administrator William Fleck. Gaskill/Lynch appeal of Zoning Administrator's interpretation is sustained and the building permit for the Schubert's pump house/storage building issued ZP 1993 1031 is rescinded pursuant to Dane County Ordinance Section 10.23(4) . FINDING OF FACT: 1). Recent pump house/storage building improvements include toilet, sewer hook-up, telephone and electrical connections, deck, railing, and lakeside bay window, all of which are not necessary for and are inconsistent with the use of structure as a nonconforming pump house or storage building. 2). Total cost of all recent improvements is more than fifty percent of the sructure's 1970 assessed value when shoreline ordinance was adopted. 3). Appraisal by Schubert's appraiser, Sherman Geib, is inaccurate and incomplete and does not credibly support Schubert's allegation that the cost of all recent improvements is less than fifty percent of 1970 assessed value. CONCLUSION: Improvements to pump house/storage building expand its nonconforming use contrary to Dane County Zoning Ordinance Section 10.21(1)(b) and exceed fifty percent permitted costs as allowed in Dane County Zoning Ordinance Section 10.23(2). The issue of whether the structure is nonconforming, which is presumed at this time, is not herein decided as the evidence presented for that determination is inadequate for the Board to make a decision. Roll call vote: Lynch-aye, Dreps-aye, Gaskill-aye, Quackenbush-aye and Klopp, abstain. Motion carried - 4-0. Klopp, abstain. #2306. Schubert - Westport - 9/24/92. Gaskill/Lynch to hold request until May Public Hearing to allow submittal of landscape plan and justification for need. Motion carried - 4-0. Klopp, abstain.