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BOARD OF ADJUSTMENT - Minute:; <br /> November 30, 1978 <br /> Page 3 <br /> be at the expense of the property owner. The variance will be effective <br /> upon receipt of a statement to this effect, signed by an authorized <br /> official of Naph-Sol Refining Company. <br /> FINDING OF FACT: <br /> 1. Other stations along the road have canopys which are within <br /> the required setback. <br /> 2. Station was existing and pump islands are approximately 31 feet <br /> back from right-of-way line. Canopy has to be over pump island <br /> for any useful purpose. NOTE: Pumps and pump islands are per- <br /> mitted a minimum of 12 feet from the right-of-way line. <br /> 3. Pump island would have to be moved in order to comply with re- <br /> quired canopy setback. <br /> CONCLUSION: <br /> a. Moving of pumps to comply with canopy setback and which others <br /> in the area have not been required to do in the past is an <br /> unnecessary hardship. <br /> b. Condition of removal protects public interest. <br /> Motion carried. <br /> #732. Motion by Schwahn second by Voges to grant a 9 foot variance <br /> from required setback from centerline of Kippley Road and a 39 foot <br /> variance from required setback from centerline of CTH "Y" . <br /> FINDING OF FACT: <br /> 1. Building has been in existance for more than 100 years and roads <br /> have been improved up to the building. <br /> 2. Construction in question is replacement and improvement of old <br /> IL, porch entry. New construction will not be closer to the road <br /> than the existing building. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance is necessary to provide right enjoyed by others. <br /> c. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #734. Motion by Schwahn second by Voges to grant the special exception <br /> permit subject to Dane County flood zone permit and any Department of <br /> Natural Resources or other permits required. <br /> CONDITION: Beach grade shall be designed so that fill will be re- <br /> tained and not subject to erosion or necessity of replacement year <br /> after year. <br /> FINDING OF FACT: <br /> 1. Proposed beach will be an improvement of shoreline. <br /> 2. With proper design beach fill will not be subject to erosion <br /> or cause siltation of lake. <br /> Motion carried. <br /> #735. Motion by Voges second by Krushchke to grant a variance of <br /> 8 feet from required setback from the centerline of USH 51. <br /> FINDING OF FACT: <br /> 1. Addition will replace old porch and will not be closer to the <br /> 4c: road than the front of the house. <br /> 2. Denial of variance would not provide a better protection of <br /> right-of-way but would needlessly deny the property owner the <br />