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4 MINUTES OF THE DANE COUNTY BOARD OF ADJUSTMENT Meeting of September 21, 1973 Present: Erickson, Holte, Dahlk. Also: Fleck. . Meeting was called to order at 7:30 P.M. in Room 226 to conduct a public hearing as published in the notice. Motion was made by Dahlk to approve the minutes of August 17 and September 15, 1973, second by Holte, carried. The notice was read and the public hearing was opened. #236. Appeal by David R. Cheney for a Special Exception Permit to place fill on the flood plain in part of Lot 21 and on Outlot A, Waucheeta, Township of Dunn. IN FAVOR: Mr. J. :inaiko, owner of the property, proposed fill will permit constructive use of the property. Sewer and road have been extende. past the lots and assessments have been levied, further; the Town has the intention to assess these lots for lake frontage next year. The fill will be done properly and the proposal is not over and above what has always been intended by the plats. Questions, ERICKSON: When the sewer district was formed was there any question on these lots from the Town or DNR? MR. SINAIKO: None, nor was there any question when the road was put in. Question, DAHLK: Is the inlet shown on the map a back-up from the lake or a drainway from the lot area? MR. SINAIKO: It has to be back-up from the lake as the road effectively blocks drainage from the west, there is no culvert under the road. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: Not present. No communications were received. #237. Appeal by Terry Herron from denial of a permit to build a residence on a parcel of land in the SEl4 NW!--4- of Section 28, Township of Blue Mounds. Permit denied because setback from German Valley Creek is less than re- quired by the Dane County Zoning Ordinance. IN FAVOR: T. Herron: Building was begun unaware of the Shoreland Ordi- nance pertaining to the minimum distance from a navigable stream. Any other location would have the same problem because of the terrain and low- land. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: Not present. No communications received. #238. Appeal by Norman M. Peck for a Special Exception Permit for mineral extraction on a parcel of land located in the SE4 sa4 of Section 4, Town- ship of Medina. IN FAVOR: N. Peck, a map showing existing and final contours of the area was presented. All contours will be less than 3-1, there has been no problem of siltation or draining into the river. Mr. Peck made a request to include leveling of the lot of the adjacent residence in the permit. OTHERS IN FAVOR: None. OPPOSED: None. TOWN BOARD: Telephone call from L. Benesch, chairman, town has no objection. No other communications received. The hearing was closed. #236. Motion by Holte to grant according to Sec. 10:35 (c) (2); 10:32 (b) (2); 10:33 (a) (1); 10:33 (c) (2) (b); 10:33 (c) (3) (d). The fill will not adversely affect the capacity of the flood plain or restrict floodways. The fill will have a beneficial purpose and will not be greater than is necessary.