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BOA 6/25/98 PAGE 3 flar 3).Stairs to second floor would be in current first floor corner jog. 4).Residence has two closets and no basement for storage. 5).Neighbor's garage 4' -5'from applicants west lot line. 6).Town of Albion approval was based on neighbors consent for variance. 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. #2948. Appeal by Crown Point Resort,Inc. for a variance from required sideyard and setback from normal high watermark as provided by Sections 11.03(2)and 10.10(6)to permit new residence construction at 2030 Barber Drive being Lot 6,Richards-Standish Replat of Crown Point, Section 26,Town of Dunn. IN FAVOR:F.Rybeck. OPPOSED:— COMMUNICATION: TOWN BOARD Ross/Bitzer to grant,with condition,variance of 6 feet from the minimum required right sideyard to permit old cottage removal and new cottage construction.Motion carried 5-0. Condition: 1).Deed restriction to be recorded to combine lots 6&7 for zoning purposes. BitzerIKlopp to deny variance of 28.6 feet from the required setback to the ordinary high-water mark of Lake Kegonsa. Motion carried 5-0. Finding of fact: tor 1).Exusting cottage,600 square feet;would be removed and expanded. 2).Proposed addition,but not proposed deck,is greater than 75'from the ordinary high-water mark. 3).Applicant owns lots 6&7. 4).Lots 6&7 were part of original resort and were rezoned to RE-1 in 1955. 5).Certified Survey Map to combine lots 6&7 would require variances for lot width and lot area; 6).Deed restriction could combine lots 6&7 for zoning purposes. 7).Lot area available to west of existing cottage for new cottage and addition. 7).A Conditional Use Permit is required in the RE-1 Recreational District for the rental of residential buildings to someone other than an employee or caretaker on the premises. 8).Sanitary sewer line at unknown location to the west of the proposed addition. 9).An average reduced setback to ordinary high-water mark is not available. Conclusion: Sideyard: 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 and Setback to ordinary high-water mark: 3).Unnecessary hardship not proven. #2949. Appeal by John Povalish for a Special Exception Permit as provided by Section 11.05(3) to permit filling,grading,etc.,within 300 feet of Fish Lake at 7860 Fish Lake Road being Lot#5, Gaukel's Fish Lake Subdivision, Section 3,Town of Roxbury as submitted. IN FAVOR: J. Povalish tor OPPOSED:— COMMUNICATION: TOWN BOARD