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BOA MINUTES 5/27/99 PAGE2 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. #3025. Appeal by Christopher and Jeanette Weber for a variance from required setback from road for a structure as provided by Sections 10. 17 (5) and 10. 01 (73) to permit pool, deck and fencing as constructed at 2380 White Oak Trail being Lot #12, Blue Addition to Oregon Heights, Sections 18 and 19, Town of Dunn. IN FAVOR: C. , J. and A. Weber, C. Howarth OPPOSED: --- COMMUNICATION: Town Board, letters in support: Howarth, Palmer, Hackbart, Kesterson, Morian, Malkasian, Endsley, Kaegli, Peterson, Arling, Gooze, Blahnik, Chalmers SAYLES/LONG to deny requested variance from required setback to road to permit pool deck and fencing as constructed. Finding of Fact: 1) . Applicant' s constructed an above ground swim pool, deck and privacy fence in required setback and encroaching 2 . 9 feet into road right-of-way. 2) . Applicant failed to obtain required permits. 3) . Structure has potential to limit visibility of oncoming traffic. 4) . Applicant claims septic system, slope of lot and trees dictated site location. Conclusion: 1) . Unnecessary hardship was not proven. Motion-carried - 4-0. (Ross, abstain) #3026. (Withdrawn) . #3027. Appeal by David and Lois Blackbourn for a variance from required setback from road, sideyard, and setback from normal high watermark as provided by Sections 10. 17 (5) , 10. 123 (7) , 10.05 (7) , and 11 .03 (2) to permit alteration/additions to existing single family residence at 3435 Alsmo Lane in the NE 1/4 SE 1/4 Section 14, Town of Dunn. IN FAVOR: D & L Blackbourn OPPOSED: --- COMMUNICATION: Town Board. ROSS/LONG to hold request in abeyance until June Hearing to allow submittal of requested materials . Motion carried - 5-0.