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MINUTES OF THE DANE COUNTY BOARD OF ADJUSTMENT MEETING OF FEBRUARY 18, 1972 The Dane County Board of Adjustment met on February 18, 1972 at 7:30 P.M. in room 226(Circuit Court, Branch IV) to conduct a Public Hearing as published in the notice. P resent: Erickson, Holte, Dahlk. Also: Enger, Fleck. The meeting was called to order. Motion by Dahlk to approve the minutes of January 21 and February 12, 1972, second by Holte, carried. • The notice was read and the Public Hearing was opened. #166. Appeal by B. C. Walling from denial of a permit to construct an addition to a residence on Lot 11 Washington Park, Township of Dunn. Permit denied because rear yard (setback from water) is less than required by the Dane County Zoning Ordinance. IN FAVOR: Joseph Walling representing his Father, B. C. Walling. The appeal for a variance was made on the basis of providing adequate room for a septic system. OTHERS IN FAVOR: none OPPOSED: none TOWN BOARD: not present Attorney Lloyd A.Schneider, representing the Town Board of Cottage Grove and Olger Graffin, interested resident of the town , presented a request that during the pendency of the appeal to the Board of Adjustment on the interpretation of the ordinance by the Zoning Supervisor, pertaining to • Browndale, an order be issued to said Browndale organization requiring it to stop reconstruction of buildings on said lands in the Town of Cottage rove for the use intended as set forth in paragraph (2) of the appeal. Attorney Schneider stated that the question of imminent peril to life or property has to be decided by the Zoning Supervisor. OTHERS IN FAVOR: none OPPOSED: Attorney Richard Glesner representing Browndale stated that preliminary plans had been for 21 houses but this has been changed and they '11 complete only 6 homes. An application for a permit to remodel the homes had been made and a "qualified" or temporary permit had been issued by the Town of Cottage Grove. A permit may not be issued on a temporary • basis, it is either issued or it is not. The case of 267 Wis. 309 was given as an example where the court's decision was that once a permit has been issued a "stop" or "stay" order cannot be issued. The.remodeling is in process, two homes have been completed and others are up to 85% complete. The work was commenced in reliance on the permit issued by the Town and in good faith in the interpretation of the ordinance by the Zoning Supervisor. As there has been no determination made on the interpretation of the ordinance it would be very inapropriate and illegal to order a "stay" at this point. Chairman Erickson stated that a communication from the Corporation Counsel, Glen Henry, advised that the only decision the board may consider is the restraining order to prevent Browndale from moving any of the children into the homes. No consideration may be given to the appeal to the Board of Adjustment on the question of interpretation of the ordinance. Question by EricksonjMr, Enger (Zoning Supervisor) do you see any peril to life or • property in this request? Enger; to my knowledge there is none. Attorney Glesner; One of the homes has been licensed by the State and four children are ready to be placed, it would inconvenience them if a stay order were issued. Attorney Schneider; no application for a building permit was made to the =ding Inspecter of Cottage Grove before commencement of building. The application was made afterwards and was issued "subject" to proper