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BOA MINUTES 8/27/98 Page 1 BOARD OF ADJUSTMENT MINUTES AUGUST 27, 1998 PRESENT: Klopp, Kay, Ross, Long and Bitzer ALSO: Reynolds Meeting called to order at 6: 30 P.M. by Chair Kay in Room 2-F City-County Building to hold Public Hearing as published by Class II Notice. MINUTES: KLOPP/LONG to approve minutes of July 16, 1998 and July 23, 1998 as submitted. Motion carried - 4-0. AUGUST PUBLIC HEARING ITEMS: #2968. Appeal by Calvin & Carla Vant Hoff for a variance from required setback from normal high watermark as provided by Section 11.03 (2) to permit deck addition to residence as constructed at 2402 County Highway AB being Lot #5, Block 2, Orvold' s Park, Section 14, Town of Dunn. IN FAVOR: C & C Vant Hoff OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources, Letter of Support: Lusk, Houser, Taylor, Darling KLOPP/BITZER to grant variance to allow deck as constructed. Motion failed 1-4 (Klopp - aye) ROSS/LONG to deny requested variance. Motion carried 4-1 (Klopp - no) FINDING OF FACT: 1) . Applicants' purchased the property in 1996 with the encroaching deck constructed by prior owner. 2) . Required zoning permit for deck was not obtained. 3) . Encroachment is 0. 95 feet at one end of deck and tapers to no encroachment at the other end. 4) . Adjoining property had been granted a variance (#1184- 9/22/83) to allow deck construction. 5) . ZP 1992 1571 added a porch and foyer to 1st floor and a 2nd storm to existing residence area of deck location was indicated on said permit to be a slab "on grade". CONCLUSION: 1) . Unnecessary hardship was not proven. #2969. Appeal by Richard & Joanne Nicolay for a variance from minimum setback from road as provided by Section 10.17 (5) to permit proposed garage reconstruction, and also for a Special Exception Permit as provided by Section 11.05 (3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa at 2980 Shadyside Drive being part of Lot #20 Kegonsa Park and adjacent lands in the N 1/2 SE 1/4 Section 30, Town of Pleasant Springs. IN FAVOR: D. McKickan, M. Belken, R & J Nicolay OPPOSED: --- 1 COMMUNICATION: Town Board.