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- MOM) ()P AI0II;:11WHT Mlnniell , .` IIIIVP-Iii it I ',, 1,01A I',n,,lc' rl .1 , 1ai111I Ind id 1'oI IoIII'e iiII l,i be , III IdI eel , rill (11 III I.Idly r11111,11(111100I or the 'Aon i ncl ordinance w i I huul: [he I,eneI:i I of duo process. 3) . Itne „I' 1111, "IKl t a" Iii i bl i n,l :Ii,aee I r1 not re:tar. Ic:Led to nprt.mtnt ut:7a only. A roc room facility or other local business use would be permitted subject to off-,;I reel parking regulations. • 4) . Unnecessary hardship was not proven. Motion carried. 5-0. #1320. Schwahn/Harvey to grant a variance of 2.5 feet, more or less, from the required set from Commercial Avenue / Frontage Road. FINDING OF FACT: 1) . Lot is only 40 feet deep from Commercial Avenue required side yard, 2. 5 feet and 20 feet setback do not permit the garage without a variance. 2) . This entire area because of the 40 foot lots has many nonconforming buildings and several variances, similar to the one requested, have been granted. CONCLUSION: 1) . Proven case of unnecesary hardship. 2) . Variance is necessary to provide right enjoyed by others. 3) . Hardship is caused by the ordinance and is not self-imposed. Motion carried. 5-0. #1309. Durtschi - Berry: Request for reconsideration. Schwahn/Harvey to deny reconsideratin; information submitted did not dis- close new evidence or unnecessary hardship. Location of an accessory build- ing is possible without a variance; Motion carried. 5-0. r #1305. Miller/ Harvey grant a variance of 10 feet from the required setback from CTH TT which will allow location of the accessory building in alternate location as proposed by applicant. FINDING OF FACT: 1) . Highway right-of-way is exceptionally wide and there are no improvement. intended in the foreseeable future. 2) . Inspection disclosed that a accessory building could be located on the lot without a variance but would require removal of some trees. CONCLUSION: 1) . A degree of unnecessary hardship is caused by the unutilized right- of-way. 2) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 3) . Hardship is caused by the ordinance and is not self-imposed. Motion carried. 5-0. #1214. Town of Dunn - Special Exception Permit. Area residents have expressed concern about lack of action and reported surface water run-off and ponding problems. Krusiicllke/Schwahn request the Town of Dunn to submit their iroposed plan no later than January 24, 1985. Motion carried. 5-0. • I #1230. Stehr - Westport - request for extension. Submitted by Attorney Richard Lehmann. Schwahn/Harvey to grant extension contingent upon the following: 0"" 1) . Interim surface water run-off shall be diverted to the North side of the Stehr property with appropriate flow control measures to prevent ero- sion and siltation. •