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BOA MINUTES 11/16/00 <br /> PAGE 2 <br /> (10, <br /> 1). Applicant proposes to construct 2 dulexes on lots in newly created plat within 200 <br /> feet of I 90-94. <br /> 2). Applicant is also plat owner and was aware of Noise Control Overlay District in <br /> platting process. <br /> 3). Appears to be options available to locate outside of district or smaller sized buildings. <br /> 4). Noise Control Overlay District created 6/17/97. <br /> Conclusion: <br /> 1). Unnecessary hardship was not proven. Motion carried 5-0. <br /> APPEALS FROM PREVIOUS HEARINGS: <br /> #3109. Appeal by James and Jackie Hanson for a variance from required setback from <br /> road as provided by Section 10.17(3)to permit detached residential garage as constructed <br /> at 2900 Aaker Road in the SW 1/4 SW 1/4 Section 8, Town of Dunkirk. <br /> IN FAVOR: J& J Hansen <br /> (Board member Long recuses himself) <br /> SAYLES/ROSS to waive requirement of having Town Building Inspector appear before <br /> Board of Adjustment. Motion carried - 4-0. <br /> KLOPP/ to grant variance (failed for lack of a second). <br /> ROSS/SAYLES to deny requested variance from required setback from road to permit <br /> garage as located. Motion carried- 3-1, (Klopp, no). <br /> Finding of fact: <br /> 1). Applicants constructed an accessory building prior to obtaining a County Zoning <br /> Permit. <br /> 2). Applicants were issued a Town of Dunkirk Building Permit and relied on location <br /> requirements given to them by building inspector. <br /> 3). Minimum required setback is 30 feet from right-of-way, while building constructed <br /> 17.2 feet from right-of-way. <br /> 4). Property is a corner lot and encroachment is to Quinn Lane which serves 4 additional <br /> residences. <br /> Conclusion: <br /> 1). Unnecessary hardship was not proven. <br /> SAYLES/LONG to adjourn. Motion carried - 5-0. <br /> Meeting adjourned at 8:08 P.M. <br /> Steven H. Reynolds, <br /> Recording secretary <br />