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BOA MINUTES 4/26/01 PAGE 2 far #3126. Appeal by David Walker for a variance from required sideyard as provided by Sections 10.07(7) and 10.16(6)to permit residential garage construction at 1401 Range Trail being N 1/2 Lots 1 and 2,Block#5, Plat of Paoli, Section 3, Town of Montrose. IN FAVOR: D. Walker OPPOSED: --- COMMUNICATION: Town Board, J. Solberg Klopp/ Kay to grant variance of 5 feet from required sideyard to permit residence garage as proposed. Finding of fact: 1). Applicant has lot 66' x 132' and being a corner lot has to maintain setback from 2 roads. 2). New mound septic system takes up most of available rearyard. 3). With 10 foot separation with residence garage could legally sit 4 feet from side lot line. 4). Applicant need garage for vehicles and yard maintenance equipment. 5). Applicant will also be required to obtain a variance from the State Plumbing code for distance of building to the toe of a mound. 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. 3 - 1. (long—no) #3127. Appeal by Douglas & Linda Nelson for a variance from required setback from road as provided by Section 10.17(3)to permit addition/alteration of existing residence at 9549 Lee Valley road in the NE 1/4 SE 1/4 Section 25, Town of Perry. IN FAVOR: J. Ekstrom OPPOSED: --- COMMUNICATION: Town Board Klopp/Ross to grant variance of 7.6 feet from required setback to right-of-way of Lee Valley Road to permit structural alteration of existing residence as proposed. Finding of fact: 1). Original portion of residence built in the 1890's with additions in the 1920's and 1970's . 2). Proposed addition will duplicate existing building dimensions of 12 x 12 feet. 3). Existing encroaching area is in need of rebuild due to failing roof and crumbling foundation. 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. 3-0. (Kay-absent)