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BOARD OF ADJUSTMENT MINUTES <br /> June 24, 1982 <br /> Page 4 <br /> 2. Variance is not contrary to rights of others or to the public interest. <br /> Motion carried. <br /> #1082. Motion by Harvey 2'nd by Purcell to grant the Special Exception <br /> Permitwith the following conditions: 1. All spoils shall be spread and <br /> leveled. 2. The filled and/or graded and disturbed areas shall be seeded <br /> with fast growing grasses and mulched to prevent siltation or erosion. 3. <br /> The applicant shall request inspection by the Dane County Zoning Dept.upon <br /> completion of the project. <br /> FINDING OF FACT <br /> 1. Purpose of project is to return the marsh area to its natural condition <br /> 2. The area will not be farmed or pastured. <br /> CONCLUSION <br /> 1. Project has a beneficial purpose. <br /> 2. The project as planned, with the specified conditions, will not result <br /> in substantial detriment to navigable waters by erosion, sedimentation <br /> impairment of fish or aquatic life, or safe and healthful conditions. <br /> Motion carried. <br /> #1083. Motion by Harvey 2'nd by Purcell to grant withdrawal of the appeal. <br /> Motion carried. <br /> #949. Lowry-Albion: Zoning inspection has disclosed that distance between <br /> foundations is 13 feet, but, measuring from siding to siding the distance <br /> was only 12 feet 10 inches. Motion by Purcell 2'nd by Harvey to amend the <br /> variance to 12 ft. 10 in. , more or less; finding of fact and conclusion ar: <br /> the same as rendered on Nov. 20, 1980. Motion carried. <br /> #1057. L.South-Mazomanie: The Board reviewed the pertinent information. <br /> 1.F."E.M.A. response was received and it was noted that a mobile home which <br /> is located in a special flood hazard zone may not be covered by the <br /> National Flood Insurance Program unless it is anchored in compliance wit <br /> the communitie's flood plain management ordinance. <br /> 2. F.E.M.A. staff does not feel that the variance is warranted. <br /> 3. D.N.R. newsletter dated April 20, 1982 reported that F.E.M.A. has filed <br /> damage suits against two Louisiana communities for failure to enforce <br /> their flood plain regulations. <br /> 4. Sec. 11.12 (3) (c) 4. Dane County Floodplain Management Ordinance provide• <br /> that a variance shall not be granted unless it is shown that the vari- <br /> ance will not be contrary to the public interest ---. <br /> Motion by Purcell 2'nd by Harvey to deny the variance. <br /> FINDING OF FACT <br /> 1. The N.F.I.P. regulations and Dane Co. Ordinance are specific in their <br /> requirements. Neither appear to provide an exception which would cover <br /> this situation. <br /> 2. Avariance as requested may cause the mobile homes to be uninsurable; <br /> such result would not be in the public interest. <br /> 3. A variance as requested might be construed to be a laxity in enforcemen <br /> thereby opening the possibility of a Federal suit. <br /> CONCLUSION <br /> The Board does not wish to jeopardize any aspect of the flood zone enforce <br /> ment or eligibility for insurance. Specifics of regulations prevent a var- <br /> from being granted. Motion carried. <br /> #1073. Benjamin Plumbing-Middleton: Letter from Attorney C.J. Furay; other <br /> businesses in the area have been contacted and have indicated whether or <br /> not they wish to be included on the sign. Affidavits of response were in- <br /> cluded. Motion by Purcell 2'nd by Harvey to grant a variance of 200 feet <br />