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BOA 11/16/95 Minutes <br /> Page 3 <br /> Finding of fact: <br /> 1) . Applicant has brought in fill in an attempt to raise <br /> grade of lot for building purposes . <br /> 2) . Applicant has had previous permits to which conditions <br /> have yet to be complied with. <br /> 3) . Adjoining owner complained of fill depositing upon her <br /> land. <br /> 4) . Fill is proposed out of flood zone within 300 feet Of <br /> tributary to Maunesha River. <br /> #2685. Appeal by Dr . Robert and Phoebe Love for a variance <br /> from required setback from road and sideyard as provided by <br /> Sections 10 . 17 (4) and 10 . 07 (7) to permit proposed additions <br /> to existing residence at 3000 Shadyside Drive being Lot #5, <br /> Atkinson' s Addition to Crystal Springs Park, Section 30, <br /> Town of Pleasant Springs . <br /> IN FAVOR: R. Love OPPOSED: --- COMMUNICATION: --- <br /> * Applicant wishes withdrawal request of variance from left <br /> sideyard. <br /> Gaskill/Dreps to grant variance of 11 . 5 feet from required <br /> setback to right-of-way of Shadyside Drive also, to grant <br /> variance of 2 . 7 feet from required rightside sideyard to <br /> permit garage reconstruction utilizing existing footprint . <br /> Finding of fact: <br /> 1) . Deck can be constructed on leftside as to meet required <br /> sideyard. <br /> 2) . Road width has expanded since originally platted thusly <br /> requiring 30 feet setback to right-of-way versus the 20 feet <br /> setback required as originally platted. <br /> 3) . Existing structure sits askewed on lot and sideyard <br /> encroachment lessens as structure extends away from road. <br /> 4) . Garage rebuild is designed to accommodate modern <br /> vehicles and offer limited storage . <br /> CONCLUSION: <br /> 1) . Variance preserves the zoning ordinance as much as <br /> possible without injustice to applicant. <br /> 2) . Variance is not contrary to rights of others or to the <br /> public interest . <br /> Motion carried - 5-0 . <br />