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MINUTES OF THE DANE COUNTY BOARD OF ADJUSTMENT MEETING OF December 23, 1977 Present: Erickson, Dahlk, Voges. Also present: Enger, Fleck. Meeting was called to render decision on appeals #623 and #628 held in abeyance from public hearing of December 16, 1977. Meeting called to order by Chairman Erickson at 2:30 P.M. in room #316 City-County Building. #623. Motion by Dahlk to grant a variance of 5 feet from required setback as per septic hardship presented. Motion failed for lack of a second. Motion by Voges, second by Erickson to deny variance appeal as per finding of fact. Voges, Erickson, aye; Dahlk, no. FINDING OF FACT: 1. Evidence submitted did not conclusively prove that septic could not have been located otherwise. The statements by the excavators, that the septic was located in the only area of the lot which seemed or was felt to be suitable, was not sufficient evidence to support this premise, in fact, slope was even less , towards the rear of the lot. Testimony at the public Hearing indicated that no percolation tests were taken in other areas of the lot to determine suitability. 2. Residence could have been designed rectangularly instead of in a "T" shape. Also, moving it farther West could have provided room for the proper setback. 3. Zoning Department files show no record of a request for a first inspection whereby the setback violation could have been disclosed when only the footings were in place. CONCLUSION: a. Hardship was self-created. Motion carried. #628. Motion by Voges, second by Erickson to deny, as per finding of fact. Dahlk abstained. 1. The brief presented by Attorney Robert J. Key did not present new evidence of an unnecessary hardship. a. Stakes being removed from property before excavation is definitely the responsibility of the contractor. b. Zoning records do not show that a first inspection was re- quested and regardless, an inspection by the Zoning Department which missed the violation would in no way excuse the violation. c. The moving of the large boulder while being difficult is not recognized as being impossible. The boulder was moved by the contractor before the basement was poured and with care could be moved again. 2. Opinion of the Dane County Corporation Counsel Assistant Tom Creeron, stated that the Board of Adjustment has no authority to grant a variance where the ordinance has not been complied with because of a self-imposed hardship. CONCLUSION: a. Unnecessary hardship not proven. Motion carried. Harland Dahlk, • Secretary