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BOA 6/25/98 PAGE 6 Condition: 1).A proposed 14'x 12'kitchen addition to existing single family residence will be constructed within a 10 feet separation area of the new detached garage. Finding of fact: 1).Applicant proposes to remove existing detached residential garage and replace it with 2 1/2 stall, 2 story garage. 2).Garage foundation cracked and unsafe. 3).Applicant wishes to preserve large silver maple tree which limits alternative locations for a new garage and proposed sidewalk. 4).Applicant wants to retain the rear porch addition to existing garage. 5).Applicant needs two story garage for storage because residence has no basement. 6).Proposed kitchen addition to residence will be located less than 10 feet from garage. 7).Proposed garage does not encroach further into right sideyard. Conclusion: Right-of-way setback: 1).Unnecessary hardship not proven. Allowed square footage of accessory building 1).Unnecessary hardship not proven. Allowed height of accessory building 1).Unnecessary hardship not proven. 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. #2953. Appeal by Larry&Karen Burcalow for a variance from required maximum height of boathouse above normal highwater mark as provided by Sections 10.05(3)and 11.03(3)to permit boathouse as constructed at 4701 County Highway M being Lot#4,Assessor's Plat of Fox Bluff, Section 5, So.Town of Westport. IN FAVOR:L.Burcalow,P.Kuehn. OPPOSED:— COMMUNICATION: TOWN BOARD,N.Enge. RossBitzer to grant variance of 9.41 feet from required height of boathouse to permit boathouse as constructed. Finding of fact: 1).Variance appeal#804 granted a variance of 1 foot 9 inches from required rear yard for a balcony deck on boathouse on 7/26/79. 2).Zoning permit#28712 issued 11/17/77 for 22'x 24'boathouse does not address height. 3).Notarized letter by N.Enge,Town of Westport building inspector,states the boathouse has existed for 22 years. 4).Owner has made structural and maintenance repairs to improve safety and integrity of the boathouse. 5).Repairs totaled less than 50%of present value. 6).Stop work order was issued 9/16/97. 7).Shoreland Ordinance adopted in 1978. 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.