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BOA MINUTES 11/21/02 PAGE 4 IN FAVOR: C &M Swanson OPPOSED: --- COMMUNICATION: Department of Natural Resources, Town Board SAYLES/ROSS to approve Variance of 9.3 ± feet from required setback to right-of-way of Skyline Drive to permit second story addition over existing garage. Motion carried 5-0. KAY/SAYLES to deny requested Variance to required average setback to normal high watermark to permit an enclosed porch as proposed. Motion carried 5-0. Finding of fact: 1). Applicant proposes to put second story atop existing garage. Existing garage by previous Variance#2224 (2/28/92). 2). Original deck in complying location at time of construction, wave action has eroded the shoreline to render deck nonconforming. 3). Subject lot, in Kegonsa Grove, 1st Addition Platted in 1947 requires a 30 foot minimum required setback to right-of-way. 4). Residence has 2,000 square feet of living space and addition will add 450 square feet of bedroom and bath. 5). Adjoining lots have rip-rapped or poured retaining walls to recover eroded shore altering average setback to normal high watermark. tior Conclusion: Setback to Right-of-way: 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. Setback to Normal High Watermark: 1). Unnecessary hardship was not proven. #3216. Appeal by Jarrett Faltz for variances from required sideyard, setback from road and maximum percentage of restoration of non-conforming structure as provided by Sections 10.06(7), 10.17(1) and 10.23 to permit addition/alteration of existing residence at 1104 State Highway 78 in the NW 1/4 NW 1/4 Section 17, Town of Perry. IN FAVOR: W. Faltz OPPOSED: COMMUNICATION: Town Board KLOPP/SAYLES to grant variances from setback to centerline State Highway 78, left sideyard and maximum allowable dollar improvement to a nonconforming structure as proposed. Finding of fact: 1). Applicant has residence constructed in 1902, in the unincorporated Plat of Daleyville.