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AN MINUTES OF THE BOARD OF ADJUSTIENT MEETING OF JUNE 16, 1972 Page 2 with this type of pond and dam and did the engineering himself, the main point is that Mr. Merick is willing to comply - granted that work was done before a permit was obtained. Mr. Merick saw to it that all work was well done. Our hope is to show that there are no harmful effects, an identical petition has been filed with the Dane County Farm Drainage Board. Question Erickson; what is the topography of area? Zutter all work can be related t. U.S. G. S. maps, bed of creek has been charted, normal earthern spillway i- at the west end of dam, proposed water level will not affect other propert- owners. Elevation of spillway is 8)40' , elevation of stream at SW property line is 836,5' , recommended water level of pond is 838' . Question Erickson why is not Mr. Merrick here? Atty Harms business elsewhere, could not be available. Question Erickson; was Mr. Nerick aware that this was a project requiring a permit? Atty. Harms Mr. Merick disagreed with my personal findings at A.C.S. D. N. R. etc. Mr. Merick's last remark was that if the Board of Adjustment was not satisfied he is willing to pull up stakes and • move elsewhere. OTHERS IN FAVOR: none OPPOSED: L. Goth, Marshall, pleading ignorance of the law is no excuse, if he has done this work in other areas he should be aware that per,,Litswere required. There could be a problem of silt buildup at the dam. H. Langdahl Marshall, Mr. Skaar has informed us that Mr. Merick was told by the Drainage Board that the pond would not be allowed but he went ahead any way. Norbert Poltratz Marshall, sucess of drainage is no better than the outlet, with a 4' outlet controlled by a gate at the bottom end of a drainage district there could be a problem, water level could be raised or lowered at Mr. Merick's discretion. • TOWN BOARD Leo Benesch telephoned Mr. Erickson stating the Town Board was unanimously opposed to granting the permit. Dane County Drainage Board, Gene Skaar, Chairman telephoned Mr. Erickson stating the Drainage Board was unanimously opposed to the granting of the permit. '#177. A. Vlasak appeal from denial of a permit to build an addition to a commercial building located on a parcel of alnd in the SE1 SE4 OF Section 26, Township of Dunn. Permit denied because side yard (setback from water) is less than required by the Dane County Zoning Ordinance. Setback from Highway 51 is also less than required . IN FAVOR: A. Vlasak. we had a complaint from the Health Dept. as to water leaking into the basement - addition is a retaining wall with roof structu: to enclose it, this will prevent rain and snow from causing water problem at the entrance to the basement. OTHERS IN FAVOR: none TOWN BOARD: not present. . #178. Appeal by Casper Kvamme from denial of a permit to build an addition to a barn on a parcel of land located in the Sw1- SA of Section 23, Townshi . of Primrose. Permit denied because setback from town road is less than required by the Dane County Zoning Ordinance. IN FAVOR: C. Kvamme , existing barn has been in existance almost one hundred years and is presently non-conforming. Addition will be no closer to road and does not block view of road. Road is very lightly traveled. OTHERS IN FAVOR: none TOWN BOARD: Town Supervisor, H. Jensen, Board is in favor. At The Public Hearing was closed. #17L. Motion to hold in abeyance by Holte, second by Dahlk, carried. #175. Motion to grant by Dahlk, second by Holte, carried.