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BOA MINUTES 6/22/95 <br /> PAGE 7 <br /> provision authorizes the Zoning Administrator or Board of <br /> Adjustment to exempt appellants property from Ex. A-1 Zoning. <br /> 5) . The constitutionality or legality of Exclusive Agricultural <br /> Zoning is an issue for the courts and not properly before the Board <br /> of Adjustment. <br /> 6) . The appellant has alternative means of relief available, <br /> through the legislative system and/or through the Court System. <br /> Motion carried - 5-0. <br /> #2648. Appeal by SuperAmerica for a variance from required set <br /> back from road as provided by Section 10. 17 (1) to permit canopy <br /> over gas islands as constructed at 6340 CTH CV in the SW 1/4 SW 1/4 <br /> - Section 32, Town of Windsor. <br /> IN FAVOR: B. Kaupp, M. Chapman OPPOSED: --- COMMUNICATION: <br /> County Highway <br /> SAYLES/GASRILL to deny requested variance from required setback <br /> from STH 19 and CTH CV right-of-ways to permit canopy over gas <br /> island as constructed. <br /> FINDING OF FACT: <br /> 1) . Applicant had Variance (#2326) approved 11/19/92, to allow <br /> canopy over gas islands, which was never built. <br /> 2) . Canopy was constructed without zoning permit and further <br /> encroaches beyond previous Variance #2326 - 11/19/92) . <br /> 3) . Subject property has been restructured with new building and <br /> drive-thru including fast food restaurant. <br /> 4) . Property already has non-conforming signage in place. <br /> CONCLUSION: <br /> 1) . Unnecessary hardship was not proven. Motion carried - 5-0. <br /> APPEALS FROM PREVIOUS HEARINGS: <br /> #2626. Chandra - Westport - 5/25/95 P.H. <br /> NO APPEARANCES: <br /> GASRILL/KLOPP to hold in abeyance until July as requested by <br /> applicant, with no further postponements allowed. Motion carried <br /> 5-0. <br /> #2628. Riddle - Dunn - 5/25/95 P.H. <br /> IN FAVOR: J. Riddle <br /> GASRILL/SAYLES to grant Variance of 3 ' from required setback to <br /> Lakeside Street and 18 feet from required rearyard to permit <br /> residential garage addition to existing residence as amended. <br /> FINDING OF FACT: <br /> 1) . Applicant has amended request to allow a 27 ' x 26 ' garage <br /> addition. <br /> 2) . Applicant has corner lot and has limited buildable area. <br /> 3) . Applicant needs garage for vehicles and recreational <br /> equipment. <br />