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BOARD OF ADJUSTMENT MINUTES OF NOVEMBER 16, 1995 MEETING PRESENT: Gaskill, Klopp, Quackenbush, Dreps and Sayles . ALSO PRESENT: Reynolds . Meeting called to order at 6: 30 P.M. in Room 2-E City-County Building by Chair Quackenbush to hold Public Hearing as published by Class II Notice. MINUTES: Gaskill/Sayles to amend minutes of 10/26/95 Hearing, Finding of Fact to read: 1) . Applicant upgraded a pre-existing road through wetland, that existed 20± years as identified in aerial photos dating back to 1968 and 1976. Motion carried 4-0 . Dreps, abstain. Gaskill/Sayles to approve minutes of 10/17/95 and 10/26/95 as amended. Motion carried - 4-0 . Dreps, abstain. #2682 . Appeal by Keg Tap, Inc. for a variance from required setback from road as provided by Sections 10 . 17 (3) and 10 . 83 (1) to permit on-premise signage and additions to exist tavern at 6295 Portage Road in the NW 1/4 NE 1/4 - Section 3, Town of Burke. IN FAVOR: T. Reynolds OPPOSED: --- COMMUNICATION: --- Gaskill/Sayles to deny variance from required road setback to permit proposed canopy and entry ramp as constructs also to grant variance to allow wall signage, not to extend 18 inches from existing front building line. M,(*VI TAPtI Finding of fact: 1) . Existing structure is presently encroaching into town right-of-way. 2) . Canopy as proposed to extend an additional 3 . 5 feet, from front building line and provide cover for entryway. 3) . Canopy was to have displayed wall signage thusly additional variance required. 4) . Applicant had remodeled/upgraded interior of establishment and could have investigated possible entry relocation. CONCLUSION: (Signage) : 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant . 2) . Variance is not contrary to rights of others or to the public interest. (Canopy & Ramp) : 1) . Unnecessary hardship was not proven. Motion carried - 5-0 .