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Dane County Board of Adjustment - 2 - April 19, 1974 #275. Appeal by John P. Stassi for a variance from the setback re- quirements from a Class C Highway as provided by Section 10.17 (3) (b) of the Dane County Zoning Ordinance. Variance necessary in order to build an addition to a garage located on the W 22' of Lot 4 and the E 22' of Lot 5, Vea Park, Township of Pleasant Springs. IN FAVOR: J. Stassi, road pavement is actually 36' from front of garage. Have checked with town and there is no intention of moving road any closer to garage. Question, Dahlk: Can you prove a hardship which prevents you from building onto the front of the garage? Stassi: No I cannot, only reason is to preserve the size of the yard. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: Letter from H. W. Arneson, clerk, stating town board is not in favor of granting the variance. #276. Appeal by Melvin Cohen from the interpretation of the Assistant Zoning Administrator pertaining to Section 10.26 (3) (a) 1; 10.01 (20) of the Dane County Zoning Ordinance. IN FAVOR: Howard Goldberg, attorney for Mr. Cohen; Mr. Cohen's business is produce selling and delivering; there is no garage building and there is confusion in the ordinance. A truck terminal, City of Madison definition, is a building or area where freight is stored for routing. Mr. Cohen has an agricultural use, no garage and no terminal. Question: Erickson; Define agricultural use. Goldberg: Produce is agricultural. Erickson: Is this grown on the property. Goldberg: No. Dahlk: Town Board is concerned over road and the weight of the trucks. Goldberg: This would be another matter to which Mr. Cohen would have to comply. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: 0. Rhiner, supervisor, town is concerned over weight of trucks on road; have had complaints of ruck noise at night and early morning. Are not in favor of trucks being stored on this property. Mr. Enger presented a "brief" on the interpretation of the ordinance. #277. Appeal by Ralph Schneider for a variance from rear yard requirement as provided by Section 10.12 (7) (a) of the Dane County Zoning Ordinance. Variance necessary to build a garage on a parcel of land in the SW1 WI of Section 16, Township of Dunkirk. IN FAVOR: R. Schneider, location was chosen because of shrubs, etc. to the front and sugar maples to the rear. Lot is shallow in depth. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: Letter stating no objection. #269. Held over from public hearing of March 15, 1974. Mrs. K. E. Huddleson presented new plans. Plan A was recommended by the Town Board. The public hearing was closed. #269. Motion by Dahlk, second by Holte to approve Plan A and necessary variances. Carried. FINDING OF FACT: 1. Preserves the zoning ordinance without modification as far as possible without injustice to the individual. 2. Must be proved necessary in order to secure for the applicant the rights that are enjoyed by other property owners in the area. 3. Variance is not contrary to public interest or rights of others. #270. Motion by Dah10, second by Holte, to deny as appellant did not appear. Carried. #271. Motion by Dahlk, second by Holte, to hold in abeyance for further study and to allow time for the appellant to file a brief. Carried.