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Board of Appeals Middleton and Dorinda O'Malley Keyes 2 . <br /> The Board of Appeals made the following findings : <br /> 1 . the site is a 18 , 280 square foot triangular <br /> shaped lot in an R-3 zoning district bordering on <br /> Little River . <br /> 2 . the proposed location is the only place on the lot <br /> where the garage could be constructed and conform <br /> to Board of Health and Conservation Commission <br /> requirements . <br /> 3 . the proposed location would encroach 6 1/2 ' on the <br /> side setback and conform to front and rear <br /> setbacks . <br /> 4 . there are circumstances relating to the shape and <br /> topography of the lot which affect the land in <br /> question but not the zoning district in which it <br /> is located. <br /> 5 . due to the unusual shape of the lot and the <br /> existence of the flood plain zones and the <br /> location of the septic system a literal <br /> enforcement of the provisions of the zoning by-law <br /> would involved substantial hardship. <br /> The Board found that a 3 1/2 ' side setback may be <br /> allowed without substantially derogating from the intent of <br /> the by-law and without substantial detriment to the public <br /> good. <br /> Upon motion duly made and seconded the Board of <br /> Appeals voted unanimously on December 14 , 1994 to grant the <br /> Variance allowing for a 3 1/2 ' side setback . The Variance <br /> is conditioned that the proposed building be used only as a <br /> garage and that the second story of the structure cannot be <br /> used for living space . The Variance is referenced by plans <br /> of Cape & Islands Engineering dated October 25, 1994 . <br /> R <br /> l <br />