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BOA MINUTES 8/22/96 Page 8 FINDING OF FACT: 1) . Property is in an area of numerous non-conforming structures with numerous variances granted. 2) . Lots as originally platted did enjoy a 20 foot minimum setback, however road re-location changed classification to a 30 foot requirement. 3) . A consideration of variance is an attempt by applicant to setback from normal high watermark as much as possible. CONCLUSION: 1) . Variance is not contrary to provide right enjoyed by others . 2) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 4-0 . #2745 . Jahns - Dunn - 6/27/96 P.H. SAYLES/GASKILL to deny requested variance due to applicant' s failure to appear at any of the 3 scheduled hearings . Motion carried - 4-0 . #2669. Mantel - Burke - 9/28/95 P.H. GASKILL/KLOPP to hold rquest in abeyance until September Hearing, this will be final abeyance and all previously stated conditions be fully complied with. Motion carried - 4-0 . #2056. Jostad - Westport - 10/25/90 P.H. IN FAVOR: C. Jostad OPPOSED: --- COMMUNICATION: --- GASKILL/KLOPP to grant, with condition, variance of 45± feet from required setback from normal high watermark and variance of 1 foot from required left sideyard to permit above ground swim pool as located. CONDITION: That if major repair is needed or replacement is necessary variance is void and complying location required. FINDING OF FACT: 1) . Pool as situated, replaced and downsized previous pool, which existed without benefit of any permits . 2) . Previous pool existed for 15± years . 3) . Pool sits stop as bank 30+ feet above water level of Six Mile Creek. 4) . Original appeal held pending possible Ordinance Amendment, for swim pool location which never materialized. L