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BOA MINUTES 8/23/01 PAGE 1 BOARD OF ADJUSTMENT MINUTES AUGUST 23,2001 PRESENT: Sayles, Long, Ross, Klopp and Kay ALSO: Reynolds Meeting called to order at 6:30 P.M. by Chair Ross in Room 2-F City-County Building to hold Public Hearing as published by Class II Notice. MINUTES: ROSS/KAY to amend minutes ofG'26/01, Appeal#3142 to read; motion carried 4-0 (Ross, abstain) also, to amend: Finding of fact #3134 to read: (1) In any case where the holder of a conditional use permit issued under this ordinance has not instituted the use or begun construction within one year of the date of approval, the permit, without further action by the Committee, shall be null and void. Motion carried 5-0 ROSS/KAY to approve the minutes as amended. Motion carried 5-0. AUGUST PUBLIC HEARING: #3146. Appeal by Stephen Bergeon for a variance from required sideyard and maximum lot coverage as provided by Section 10.16(5), 10.05(5) and 11.03(1)to permit deck at 3434 Mallard Avenue in the NE 1/4 SE 1/4 Section 26, Town of Dunn. IN FAVOR: S & C Bergeon OPPOSED: ---- COMMUNICATION: Town Board KAY/SAYLES to deny requested variance from maximum allowable lot coverage, to permit deck addition as proposed. Motion carried—4 - 1. (Klopp-no). KAY/LONG to deny requested variance from required left sideyard to permit deck addition as proposed. Motion carried 5 —0. Finding of fact: 1). Previous owner had obtained a variance from required sideyard (Variance #2021 - 8/23/90) conditioned upon no deck and meeting lot area requirement. 2). Property is a legal non-conforming lot(1/2 of an original platted 66 foot lot). 3). Adjoining lot (3432 Mallard Avenue) given variances of 10 feet from required stack to right-of-way. Also, variance of 303.6 square feet from maximum lot coverage to allow attached residential garage. 4). Property lot dimensions are 33 foot wide by 134± foot deep and the property is served by public sewer. 5). At grade slab or deck would not need variance.