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MINUTES OF DANE COUNTY BOARD OF ADJUSTMENT MEETING OF OCTOBER 5, 1978 PRESENT: Dahlk, Voges Schwahn, Purcell 4:: ALSO PRES NT: Enger, Creeron, Fleck, Attorney R. Kay and William McKee, Meeting was called to order at 8:05 p.m. in Room #202-B by Chairman Pro-tem Dahlk to decide on appeal #694 McKee, Town of Fitchburg. Motion by Purcell to.,Fant a variance of 4 feet 7 inches from required setback from road. Motion died for lack of second. Motion by Voges second by Schwahn to deny. FINDING OF FACT: 1. ) On April 26, 1977, the applicant obtained a zoning permit to build a single-family residence on land which it owns in the Town of Fitchburg. 2. ) Drawings submitted in order to obtain the permit indicated that the front setback requirement of thirty feet would be complied with. 3. ) The footings were poured in such a fashion that, when the struc- ture was erected, the front setback requirement was not met. 4. ) An initial inspection is required by the Dane County Zoning Department as soon as the footings are poured. 5. ) An employee of the subcontractor indicates that he telephoned IL, the Dane County Zoning Department to request this initial inspection. 6. ) Records regularly kept in the ordinary course of business by the Dane County Zoning Department do not indicate that such a telephone re- quest was ever received. 7.) No initial inspection was ever performed. 8. ) After a first inspection is performed, the Zoning Inspector initials a large card on the premises. 9. ) Since the first inspection was never performed, the card was never initialed. 10. ) Since the card was never initialed, the applicant continued construction at his own risk. 11. ) In the course of construction, the builder moved a large boulder found upon the premises to a location approximately two feet behind the foundation. The boulder was buried in this location. In its original location, the boulder would not have prevent construction of a residence on the property, and there are no other special topogral phic problems with this lot. 12.) On August 25, 1977 a telephone request for a final (ordinarily the second inspection was received by the Dane County Zoning Department. le.„)