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I BOARD OF ADJUSTMENT - MINUTES - PAGE 3 *" ■ provided by Section 10.12 (7) (a) of the Dane County Ordinance. Variance CY is necessary to permit construction of a residence on Lot #7, Oak Springs, Section 19, Town of Windsor. IN FAVOR: Mr. Briggs - OPPOSED: None - TOWN BOARD: Chairman Erickso , in favor. • #509. Appeal by Geraldine A. Fredricksen and Gene Henning for special exception permit to construct a pond within 300 feet of the Maunesha River in part of the SE 1/4 SW 1/4 of Section 4, Town of Medina. Permit required by Section 10.33 (a) (a) and 10.33 (c) (3) of the Dane County Ordinance. IN FAVOR: Gene Henning; Mark Frederickson - OPPOSED: None TOWN BOARD: Not present - DNR: No communication. #510. Appeal by Rosario Busalacchi for a variance from parking space requirment as provided by Section 10.18 (4) (e) Dane County Zoning Ordinance. Variance is necessary to permit construction of an office/ apartment building in part of the NE 1/4 SW 1/4 Section 35, Town of Madison at 2845 Perry Street. IN FAVOR: R. Busalacchi; Joseph Cerniglia - OPPOSED: None - TOWN BOARD: Letter - no objection. The public hearing was closed. #496. Motion by Voges, second by Dahlk to •deny appeal as per finding of fact: 1. deck was not included on plans submitted for issuance of permit. 2. there would have been room for deck if house had not been located the minimum distance from the rear lot line. CONCLUSION: A. No hardship proven. Motion carried. #497. Motion by Dahlk second by Voges to grant variance of 5 1/2 feet from required setback from R.O.W. of Norland Road as per finding of fact: 1. Existing residence is located, just at, the required setback of 30 feet from R.O.W. 2. Norland Road has an exceptionally wide R.O.W. , 100 feet + , at this point. 3. Entrance is of minimal size and is requested to prevent element • from entering. 4. Entrance will be at least 75 feet from c/1 of road. C'ON('L17S1ON: A. Extra wide R.O.W. provides unnecessary hardship. B. Variance preserves the zoning ordinance as much as possible without injustice to applicant. C. Variance is necessary to provide right enjoyed by others. .w, D. Variance is not contrary to rights of others or to the public interest.