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BOA 1/24/02 MINUTES PAGE 4 2). Variance needed to accommodate relocating A-B boundary to make the egg breaing/sorting building conforming. 3). An agricultural use building does not require a sideyard separation, however, the egg sorting/breaking facility exceeds the definition of agricultural use thusly requiring A-B, Agri-Business Zoning and therefore a 10 foot minimum sideyard. 4). Property and buildings abut the Jefferson County line prohibiting a rezone across county line. Conclusion: 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. Motion carried 5-0. #3171. Appeal by Frances Babiarz for variances from required sideyard, minimum required elevation of lowest floor,minimum fill elevation beyond limits of structure, and modification of non-conforming structure exceeding 50% of equalized assessed value (all in floodplain) as provided by Sections 10.07(7), 17.39(1) and 17.51(2) to permit addition/alteration to residence as constructed at 350 Lake Shore Drive being Lot#8 and North 1/2 Lot#7, Block#1, Edgerton Beach Section 25, Town of Albion. IN FAVOR: F. Babiarz OPPOSED: --- COMMUNICATIONS: Town Board C. SAYLES/ROSS to hold request in abeyance, not beyond March Hearing, to allow applicant to provide additional cost figures and allow staff to confer with Corporation Counsel on the Boards authority to waiver 17.39(1). Motion carried—5-0. SAYLES/KAY to direct Chair Ross to send a letter to the Town of Albion expressing the Board's concerns regarding the actions and comments of their building inspector. Motion carried—5-0. #3173. Appeal by Steven& Denise Sime for a variance from required setback from road as provided by Section 10.17(3)to permit accessory building as proposed at 1383 Starr School Road in the E 1/2 SE 1/4 Section 2, Town of Rutland. IN FAVOR: S &D. Sime, D. Beske, D. Heiliger OPPOSED: -- COMMUNICATIONS: Town Board, Wisconsin Historical Society KAY/LONG to grant variance of 7.6 feet from required setback to centerline of Starr School Road to permit garage atop existing slab. Finding of fact: 1). Applicant was issued a Zoning Permit (ZP 2001-927) for a garage to be located 30 from right-of-way of Starr School Road. 2). Starr School Road is a substandard width road at 49.5 feet vs. conforming width of 66 feet. 3). Prohibiting location in conformity with required 63 feet centerline setback is: large tree and shrubbery, location of L.P. tank and large amount of fill needed to raise grade of slope.