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BOA 02/21/02 <br /> PAGE 1 <br /> BOARD OF ADJUSTMENT MINUTES <br /> February 21, 2002 <br /> PRESENT: Long, Klopp, Kay and Ross <br /> ALSO: Reynolds <br /> Meeting called to order at 6:30 P.M. in Room 2-F City-County Building by Chair Ross to <br /> hold Public Hearing as published by Class II Notice. <br /> MINUTES: Klopp /Long to amend minutes of January 24 2002, appeal#3168, to <br /> correct spelling of Kay. Motion carried. 4-0. <br /> Klopp/Long to approve minutes of January 17, and January 24, 2002, as amended, <br /> Motion carried. 4-0 <br /> FEBRUARY PUBLIC HEARING ITEMS: <br /> #3172. Appeal by Michael and Sandra Hinchley for a variance from required setback <br /> from road as provided by Section 10.17(1)to permit addition to residence as constructed <br /> at 1484 State Highway 73 being Lot#1, CSM#3471 in the SE 1/4 NW 1/4 and SW 1/4 <br /> NE 1/4 Section 3, Town of Albion. <br /> Ly. IN FAVOR: M & S Hinchley OPPOSED: COMMUNICATION: <br /> Town Board <br /> Kay/Ross to grant, with condition, a variance of 16 feet to centerline of State Highway <br /> 73 to permit gazebo and porch addition to existing residence as constructed. <br /> Condition: The structure shall be removed at owners expense if future road improvement <br /> requires additional right-of-way. <br /> Finding of fact: <br /> 1). Applicant, has constructed said additions without necessary zoning permit. <br /> 2). Existing original residence encroaches 6.5 feet into required setback. <br /> 3). The residence built in 1861 predates, State Highway 73. <br /> 4). Additions used as gazebo and covered porch <br /> 5). Building location limited by driveway, tree, well, barn and highway setback. <br /> 6). Residence included ledger board and remnants of previous porch in same location. <br /> Conclusion: <br /> 1). Variance preserves the Zoning Ordinance as much as possible without injustice to <br /> applicant. <br /> 2). Variance is not contrary to rights of others or to the public interest. <br /> Motion carried 3-1 (Kay—No). <br /> #3174. Appeal by Reinheart and Mary Zirbel for a variance from required setback from <br /> normal high watermark line as provided by Section 11.03(2)to permit existing deck at <br /> (lire 1922 Barber Drive being Lot#17, Rock Elm Park—Section 26, Town of Dunn. <br />