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B.O.A./Minutes/12/22/88 Page 6 #1789. Nelson - Mazomanie. Rendall/Quackenbush to hold in abeyance until January 26th public hearing to allow applicant to approach adjoining neighbors regarding acquiring lands sufficient to meet minimum lot area required. Carried - 4-0. #1779. Kaufmann - Quackenbush/Jones to decline to take jurisdiction of this matter for the following reasons: First, it's premature and our opinion would be advisory only. We could possibly get this case on appeal from the Zoning Committee. Our action now would raise serious due process of law and questions of fundamental fairness if we prejudge this issue. Secondly, and perhaps more importantly, we should not review interpretations of the Zoning Department which are eigher hypothetical in nature or do not directly impact on the rights of the public. This controversy is not ripe for a a judication since it is the Zoning Committee which issues or rejects conditional use permits and not the Zoning Administrator. Thus, this matter does not at this time present a justicable controversy. It should be understood that this is not a decision on the merits; we ar neither supporting nor rejecting the Zoning Department's interpretation at this time. That decision will be dealt with should this matter come back to us on appeal from the Zoning Committee. Motion carried - 4-0. #1785. Roidt - Dunn. Rendall/Harvey to grant applicant's request for withdrawal. Motion carried - 4-0. #1788. Schensky - Madison. Harvey/Quackenbush to deny requested variance from required setback from road. FINDING OF FACT: 1. Zoning Permit #40958 issued and endorsed with required minimum setbacks. 2. Owner/builder used incorrect lot stakes in measuring setback. 3. Applicant's claim of septic hardship is not valid as per Dane County Environmental Health Department. CONCLUSION: 1. Unnecessary hardship was not proven. Motion carried - 4-0. #1661. Kundert - Pleasant Springs. Quackenbush/Jones to grant permit with conditions to fill, grade an retaining walls as per plan submitted. CONDITIONS: 1. That there be filed with the Zoning Department a certificate of compliance by a licensed engineer upon project completion. 2. Permit valid for 9 months from issuance. FINDING OF FACT: 1. Applicant hs provided detailed plan submitted by professional engineer. 2. Work is to be done by qualified landscaper with engineer review.