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-4- <br /> <br />rental agreement which they must allow to run. He specifically indicated that <br />they were requesting a variance of the set back requirements to allow them <br />to place a large enough structure to accommodate their present needs. He advised <br />the Board that part of the present lease agreement required that the property <br />be returned to its original condition at the termination of the lease. Mr. Reem <br />advised that the modular unit would encroach on to Bolton Avenue by 113/4 inches. <br />He advised that the Town Board had already vacated that part of the street to <br />allow for this construction. He further advised that the existing building <br />encroaches 7'6" onto Bolton Avenue. Mr. Reem indicated that they will remain at <br />their present location for approximately 18 months until the new construction <br />can be completed. The present owner of the property was present at the meeting and <br />approved this requested variance. <br /> <br /> Steve Oschman then moved to consider the requirements of lC 36-7-4-918.5. <br />With regards to requirement one that the approval will not be injurious to the <br />public health, safety, morals and general welfare of the community, the Board <br />found that the proposed variance was consistent with the present use of the <br />property and no evidence was presented to declare the proposal injurious to the <br />welfare of the community. With regards to the second requirement that the use <br />and value of the area adjacent to the property included in the variance will not <br />be affected in a substantially adverse manner, the Board found that all buildings <br />on the west side of Bolton Avenue encroach on the property line so that the <br />requested variance was consistent with what was already present in the area. <br /> <br />With regards to the third requirement that the strict application of the terms of <br />the zoning ordinance will result in practical difficulties in the use of the <br />property, the Board found that the existing building has only a 29 foot set back <br />which again was consistent with the other property in the area and the Board further <br />found that the alternative is to not use the property at all. <br /> <br /> Don Barry moved to grant the variance of the set back requirements for the <br /> construction of temporary office space upon the condition that the structure be <br /> <br /> <br />