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BOA MINUTES 9/20/01 PAGE 4 Cr APPEALS FROM PREVIOUS HEARINGS: #3143. Bruce Co. -Montrose- 7/26/01 Appearance: J. Whitish NOTE: Board member Sayles rescues himself. KAY/ROSS to grant,with condition, a variance of 5 feet from required setback to centerline of State Highway 69 to permit majority of existing residence to remain as constructed. Condition: 1). The structures shall be removed at the owner's expense if future road improvement requires additional right-of-way. Finding of fact: 1). Applicant had constructed a new residence in 1993 (ZP 1993-1437)too close to the centerline of State Highway 69. 2). Several additions and detached garage were added utilizing erroneous site plan fir provided with 1993 permit. 3). Excluding the deck,the greatest encroachment(the North corner of residence) is 95 feet to centerline. 4). A portion of the deck will have to be removed to comply with the setback as varied. 5). Structures are located above the grade of the highway and unlikely to have a negative impact on motoring public. 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. #3146. Bergeon-Dunn- 8/23/01 P.H. Appearance: C. Bergeon W. Lynn ROSS/ICLOPP to move for reconsideration. Motion carried 3-2 (Kay and Long - no.) KAY/LONG to deny requested variance from required left sideyard and maximum lot coverage to permit deck construction as proposed. Finding of fact: 1). Applicant recomputed lot area and reduced requested variance from 303 square feet to 145 square feet for lot coverage. 2). References were made to previous variances granted to this property- however, construction never took place.