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BOA MINUTES 6/27/02 PAGE 2 Kay/Klopp to grant variances to allow existing commercial buildings to remain after lot separation on the condition that applicant obtain access and parking easements for each of the lots. Motion Failed: 2—3. (Sayles, Kay, Ross— No). Sayles/Long grant a variance of 0.1 feet from required sideyard to permit existing building on proposed Lot 3, also to grant a variance of 0.3 feet from required rearyard to permit building as exists on proposed Lot#2 to allow lot division by Certified Survey Map. Finding of fact: 1). Applicant proposes to divide 2 existing platted lots into 3 lots by CSM. 2). Lots 3 and 4 McKenzie Commercial Plat have 3 buildings located on them and proposal is a CSM lot for each building. 3). Building on proposed Lot 3 was constructed in 1975 and building on proposed Lot 2 was constructed in 1985,both in violation of required yards. 4). Variances required for Certified Survey approval. Conclusion: 1). Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2). Proven case of unnecessary hardship. Motion carried: 5 —0. #3190. Appeal by Kim & Jon Van Brocklin for a variance from required sideyard and setback from road as provided by Sections 10.07(7) and 10.17(3)to permit new residence construction at 2096 Barber Drive being Lot#2, CSM#4908— Section 26, Town of Dunn, Also to appeal the interpretation of the Zoning Administrator regarding Sections 10.07(7) & 10.16(5), DCCO. IN FAVOR: M. Sewell, J &K Van Brocklin OPPOSED: --- COMMUNICATION: Town Board Kay / Sayles to grant variance of 5 feet from required right sideyard also to grant a variance of 10 feet from required setback from right-of-way of Barber Drive to permit residence as proposed on amended plan submitted at hearing. Finding of fact: 1). Applicant proposed to demolish existing residence on existing lot and replace with a residence from another lot. 2). Applicant's lot was reconfigured from 2 halves of pre-existing nonconforming platted lots by CSM in 1985 (CSM#4908). 3). Adjoining lots, still in originally platted subdivision and similarly sized have, by ordinance (10.16(5)), the same setback and sideyard as requested by applicant. 4). Zoning Administrator has interpreted reduced yard requirements are afforded to lots which pre-date ordinance and this lot was created by CSM after ordinance adoption. 5). Existing well and required setback from Lake Kegonsa limit buildable area.