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BOARD OF ADJUSTMENT - Minutes December 17, 1980 Page 3 FINDING OF FACT: Cr') 1. - (a) . Adjacent property to the West is located within the City of Madison and no side yard is required (b) . Addition will be in line with existing building and will no be any closer to side lot line. (c) . No opposition was presented and Town Board was in favor. 2. - (a) . Applicant has land contract on the adjacent property to the West andwhich has a total parking area of 99 spaces available. Maximum retail use of the building on this property would require only 33 1/3 parking spaces. (b) . Specified conditions, will insure that required parking will be available even if the properties were to be sold separate y. (c) . Denial of variance would prohibit combined use of property by the owners. CONCLUSION: 1. - a. Proven case of unnecessary hardship. b. Variance is necessary to provide right enjoyed by others. c. Variance is not contrary to rights of others or to the public interest. 2. - a. Proven case of unnecessary hardship. b. Variance preserves the zoning ordinance as much as possible without injustice to applicant. c. Variance is not contrary to rights of others or to the public interest. Motion carried. #957. Motion by Purcell, second by Voges to grant the Special Exception Permit as proposed, with the condition that stream banks shall be seeded with fast growing grasses and mulched to prevent erosion. FINDING OF FACT AND CONCLUSION: 1. The project is subject to both Department of Natural Resources and Dane County Flood Zone; required permits have been issued 2. Seeding and mulching will control erosion and siltation. 3. Considering all of the controls on the project there should be little, if any, detriment to the stream or safe and healthful conditions. Motion carried. #958. Motion by Purcell, second by Voges to grant Special Exception Permit to fill and grade as proposed by plan submitted. FINDING OF FACT AND CONCLUSION: 1. Plan includes seeding, proper drainage away from lake and land- scaping to prevent erosion. 2. Dane County Flood Zone Permit is required for a part of the pro- ject. 3. Overall plan should prevent any detriment to the lake by siltation erosion, impairment of fish or aquatic life or safe and healthful conditions. (;) Motion carried.