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BOARD OF ADJUSTMENT - Minutes January 24, 1980 Page 4 4(110 worked back into ground so a to prevent a diking effect or restriction of flood waters. FINDING OF FACT: 1. Purpose of dredging is clean-out of existing farm drainage ditch. 2. Leveling of spoils will protect the flood zone area. Motion carried. #861. Motion by Schwahn, second by Kruschke to grant a variance of 10 feet from required setback from Sunset Drive. FINDING OF FACT: 1. Water drainage-way, wet areas, septic system and existing buildin.s prevent conforming location of building. 2. Town Board does not object to proposed setback. CONCLUSION: A. Proven case of unnecessary hardship. B. Variance is not contrary to rights of others or to the public interest. Motion carried. #862. Motion by Kruschke, second by Schwahn to deny variance; unnecessary hardship was not proven. FINDING OF FACT: (I0 1. Adoption of shoreland area provisions of the Dane County Zoning Ordinance in September of 1970, after the adoption of the R-4 Zoning was approved, does not prohibit use of the property. The property may be utilized for multi-family development or condominiums 2. The adoption of shoreland area provisions does prohibit lagoons connected to a navigable body of water for purpose or private develop ment, but, this in itself does not restrict the use of the property which R-4 Zoning provides. It does restrict the water access to the property, but, water access is not an absolute necessity to develop- ment of the property. 3. Plans submitted at the time of application for R-4 Zoning were as per testimony of Mr. Munz, general developmental site plans only, subject to a specific development plan at a later date. Possibility of change was also recorded in the minutes of the Zoning Committee October 7, 1969 of the public hearing considering the R-4 Zoning on the Westport Landing Company property. "Application for dredging permits have not been made, but will be made after re-zoning; if permit is denied, the development plans will have to be changed. " This would indicate that other alternatives without the lagoons were possible. Westport Landing Company has not, to date, applied for zoning permits or town building permits for the construction of the proposed development, nor was construction of the lagoons commenced. Delay of the project was, as per Mr. Rosen's testimony, due to an agreement to wait for public sewer and unfavorable status of the economy. Public sewer may be utilized by any development of the pro- perty. Projects delayed, for whatever the reason, are subject to changes in ordinances when a vested interest is not involved. Recent