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i BOA ADJUSTMENT MINUTES 1/28/99 Page 3 2) . At the time existing buildings were built (pre-1973) sideyards in the commercial district were zero. 3) . Rearyards, when structures were built, were required to be 10 feet. 4) . Applicant has requested Board to grant sideyard variances to existing structures to precipitate certified survey approval. 5) . Applicant has withdrawn requested variance from number of parking stalls required. 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. APPEALS FROM PREVIOUS HEARINGS: #2981. Vacek - Albion - 9/24/98 P.H. Appearances: J. Roethe, K. Vacek and J. Gregorius KAY/LONG to find that the fireplace addition be considered an improvement to the residence and therefore its value is to be included when computing utilizing the 50% rule. Motion carried 5-0. KAY/ROSS to find that the bay window addition (to the garage side of residence) be considered an improvement to the residence and therefore its value is to be included when computing utilizing the 50% rule. Motion carried 5-0. ROSS/LONG to find that the garage addition, that was added in 1981, be considered an improvement to the residence and therefore its value is to be included when computing utilizing the 50% rule. Motion carried 5-0. ROSS/KLOPP to accept $18, 597 . 66 as the dollar amount figure to which is the amount of repair/addition/alteration anticipated by applicant to be completed and that number is less than the 50% maximum allowed by ordinance. motion carried - 4-1. (Bitzer, no) . KLOPP/ROSS to grant a variance of 1.5 feet form required right sideyard to permit bay window as constructed. Motion failed - 2-3. (Kay, Long and Bitzer - no) . Finding of Fact: 1) . Applicant proposes and has commenced modifications and additions to an existing residence within the flood-fringe area of Lake Koshkonong. 2) . Applicant has withdrawn, from the Boards consideration, setback variance for bay window and sideyard variance for chimney by opting to remove both fireplace and bay window. 3) . Porch addition will also be removed to comply with the 50% requirement and square footage maximum. Section 17 .53 (3) (b) and (c) Dane County Code of Ordinances.