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BOA 02/21/02 PAGE 2 41.* IN FAVOR: R. Zirbel OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources Kay/Long to hold request in abeyance to allow for Corporation Counsel to respond to recent legislative changes to shoreland zoning. Motion carried 4-0. #3175. Appeal by Steven R. Barr for a variance from required setback from road as provided by Section 10.16(5) and (6) to permit proposed new residence and detached garage construction North of 611 Christianson Avenue being Lot#480 Clyde A. Gallagher Park Subdivision Section 5, Town of Blooming Grove. IN FAVOR: S Barr OPPOSED: COMMUNICATION: Town Board Ross /Kay to grant a requested Variance of 6.5 feet to minimum required setback to Commercial Avenue to permit new residential construction as proposed. Motion carried 4-0. Kay /Long to deny requested Variance from the 20 foot required setback to right-of- way to Commercial Avenue to permit residential garage with entrance facing road, as proposed. Motion carried—4-0. Finding of fact: (iv 1). Applicant proposes new construction(residence and detached garage) on vacant lot. 2). Lot is 40' x 135' and has limited buildable area due to corner lot. 3). For garages facing the street Section 10.16(5)2, Dane County Code of Ordinances requires a setback of 20 feet, 12 feet setback if doors face other than towards right-of- way. 4). Plan revision could reduce or perhaps remove need for Variances for both residence and garage. Conclusion: (Residence) 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. Conclusion:(Garage). 1). Unnecessary hardship not proven. Motion carried 4-0. #3176. Appeal by David Hague for a variance from required setback from road as provided by Section 10.17(4) to permit addition/alteration of existing porch at 827 Dane Street being Lot#29, Block#2, Oak Ridge Subdivision Section 35, Town of Madison. IN FAVOR: D. Hague OPPOSED: --- COMMUNICATION: --- Kay/Klopp to grant a Variance of 10.1 feet to minimum required setback to R. O. W. of Dane St. to allow porch as proposed.