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BOA MINUTES 8/26/99 PAGE 2 411, Motion carried - 3-2. (Ross and Kay - no) . #3041. Appeal by James V. Bushert for a variance from required setback from road as provided by Section 10. 17 (2) to permit storage building construction at 5241 County Highway P in the NE 1/4 Section 25, Town of Berry. IN FAVOR: J. Bushert OPPOSED: --- COMMUNICATION: Town Board, County Highway. SAYLES/ROSS to deny requested variance from setback to County Highway P to permit construction of storage building as proposed. Finding of Fact: 1) . Applicant has a 2 acre parcel, with residence constructed in 1994. 2) . County Highway P has expanded right-of-way, at this location, of 115+ feet. 3) . To avoid excavating hillside applicant proposes structure on stilts coming off "field road". 4) . Shed is intended to house building materials and equipment utilized by remodeling contractor. 5) . Property levels off South of the residence and appears shed could be constructed in complying location. 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 - 4-1. (Klopp - no) . #3042 . Appeal by John and Holly Von Allmen for a variance from required setback from road and sideyard as provided by Sections 10. 17 (4) and 10. 16 (5) to permit garage and mudroom addition to existing residence at 2808 Berkan Street being Lot #4, Block #1 Assessor' s Plat #1 of Dunn Section 8, Town of Dunn. IN FAVOR: J & H Von Allman OPPOSED: --- COMMUNICATION: Town Board SAYLES/KLOPP to grant Variance of 2 feet to required left sideyard to permit residence addition which will continue existing building line for 6. 4 feet. Motion carried - 5-0. ROSS/SAYLES to deny requested setback variance to Berkan Street to allow garage addition as proposed. Motion carried - 5-0. Finding of Fact: 1) . Applicant proposes mudroom addition, under existing roof, which was site of former porch, and garage addition to existing residence. 2) . Existing structure sits askew on lot and mudroom addition will be under existing roof. 3) . Applicant' s lot is 50 feet wide and 176 feet deep with frontage on 2 roads. 4) . Applicant is entitled to locate either attached or detached garage on opposite side of residence without necessity of variance. 5) . Property is in an area that historically has been granted variances to sideyard and not to road setback: Conclusion: