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Board of Appeals Rita Shaffer TR. V-94-39 2. <br /> The Board of Appeals made the following findings: <br /> 1 . the location of the existing house on the lot <br /> creates a hardship since it was built within the <br /> cluster zoning permit of zero lot line zoning <br /> 2 . the proposed location is the only place on the lot <br /> Y where the addition could be constructed <br /> 3 . the proposed location would encroach 12 . 3 ' on one <br /> side-yard setback and 14 ' on the other . <br /> The Board determined that, owing to the unique shape <br /> and topography of the lot, a literal enforcement of the <br /> side line setback requirements of the by-law would involve <br /> substantial hardship to the petitioner and that the side <br /> line setback may be maintained at 3 . 7 ' on one side and 1 ' <br /> on the deck without substantially derogating from the <br /> intent of the by-law and without substantial detriment to <br /> the public good. The Board found that these circumstances <br /> related to the land and structure in question but did not <br /> affect generally the zoning district in which the land is <br /> located. <br /> Upon motion duly made and seconded the Board of <br /> Appeals voted unanimously on May 25 , 1994 to grant the <br /> Variance with the condition that the owners eliminate the <br /> encoachment on the adjoining lot . <br /> The Variance is referenced by plans of Levy, Eldredge <br /> and Wagner Associates dated May 9, 1994 .Cape & Islands <br /> Engineering dated February 25, 1994 . <br /> M <br />