1983 - Laserfiche WebLink

Home Browse Search

Board of Adjustment - Minutes September 22, 1983 Page 3 ( Appeal #1195. Appeal by Pizza Hut Restaurant for a variance from required setback from road as provided by Section 10.17 (1) to permit addition to existing building at '2405 South Park Street ih:the SW 1/4 NE 1/4 - Section 35, Town of Madison. IN FAVOR: Darrell Chapman, representing Pizza Hut OPPOSED: None COMMUNICATION: Telephone call, town clerk; town board is opposed to variance, desires that buildings be in line. Public hearing was closed. Appeal #1182. Motion by Kruschke, second bySchwahn to grant the special exception permit as proposed subject to the following conditions: 1) . Permit granted as per plans submitted. • 2) . The filled and/or graded and disturbed areas shall be sodded or seeded with fast growing grasses and mulched to prevent siltation or erosion. 3) . The applicant shall request inspection by the Dane County Zoning Depar. ment upon completion of the project. FINDING OF FACT: 1. Adjacent properties to the North have been filled and improved for re- - sidential use. CONCLUSION: 1) . The project as planned, with specified conditions; will not result lbw in substantial detriment to navigable waters by erosion, sedimen- tation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried. Appeal #1184. Motion by Harvey, second by Schwahn to grant a variance of 7 fee . more or less, from the required setback from normal high waterline with the condition that the deck shall not be roofed or enclosed. FINDING OF FACT: 1. Other decks in the area are as close or closer to the lake. 2. Open patios are permitted, condition imposed creates similar use for the deck. CONCLUSION: 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2) . Variance is necessary to provide right enjoyed by others. 3) . Variance is not contrary to rights of others or to the public inter_-t. Motion carried. #1185. Motion by Purcell and Kruschke to grant a variance of 11 feet, more or less, from required setback from South Syene Road. FINDING OF FACT: 1. Addition/alteration is second story and will not cause further en- croachment into setback area. 2. Zoning permit may not be issued without a variance. CONCLUSION: 1) . Proven case of unnecessary hardship. 2) . Variance is necessary to provide right enjoyed by others. 3) . Variance is not contrary to rights of other or to the public interes . Motion carried.