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Motion by Chairperson Van Scoy, seconded by Board Member Dunaway, to close the public <br />hearing. <br />Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Dunaway, Cleveland, <br />Hunt, Levine and Rogers. Voting No: None. Absent: None. <br />The public hearing closed at 7:09 p.m. <br />Board Business <br />Chairperson Van Scoy called the Board of Adjustment meeting back to order at 7:09 p.m. <br />Board Member Cleveland questioned findings of fact #13 and if it needed to be stated that <br />similar variances have been approved and if that is suppose to be taken into consideration. She <br />states each case is looked at on an individual basis. She would like to see that moved to the staff <br />report. <br />Associate Planner Gladhill stated this is a boiler plate in the findings informing the Board that <br />similar cases have been approved before. <br />Board Member Levine asked if the other cases have been based on hardship of topography. <br />Associate Planner Gladhill stated there are a variety of conditions, it could be topography, <br />setbacks; most of the cases are riparian lots, where there is a large setback which might force an <br />accessory structure to be in the front yard. Certainly topography is an acceptable hardship in this <br />case, <br />Chairperson Van Scoy questioned if findings of fact #13 is a legal requirement. Associate <br />Planner Gladhill stated it is not. <br />Motion by Board Member Cleveland, seconded by Board Member Hunt, to adopt Resolution <br />#09 -08 -164 approving Findings of Fact #0849 favorable to the Applicant's request for a variance <br />to construct an accessory building nearer the front property line than the principal building, with <br />a 93 foot setback to the centerline of Nowthen Boulevard (CSAH 5), with sidewall heights to <br />match the existing structure, deleting Findings of Fact #13. <br />Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Cleveland, Hunt, <br />Dunaway, Levine and Rogers. Voting No: None. Absent: None. <br />Motion by Board Member Levine, seconded by Board Member Rogers, to adopt resolution #09- <br />08 -165 to approve the applicant's request for a variance based on the findings of fact and <br />declaring terms of the variance. <br />Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Levine, Rogers, <br />Cleveland, Dunaway, and Hunt. Voting No: None. Absent: None. <br />Board of Adjustment /August 6, 2009 <br />Page 3 of 4 <br />