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BOA 11/19/92 Minutes Page 4 4). Completion and certification deadline of June 1, 1993. FINDING OF FACT: 1). Project is in conjunction with new home construction and accessibility by physically impaired individual. 2). Plan is a meld of wheelchair accessibility and drainage away from accessible areas. 3). Engineering data and certification by George Weir - professional engineer. CONCLUSION: 1). The project as planned with specified conditions; will not result in substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 3-0. #2328. Appeal by Richard Frey, agent for Marvin & Carol Frey for a variance from required setback to road as provided by Section 10.17(3) to permit construction of storage building at 8065 Lueth Road in the SE 1/4 SW 1/4 - Section 13, Town of Roxbury. IN FAVOR: M. Frey OPPOSED: --- COMMUNICATION: Town Board Lynch/Gaskill to hold appeal in abeyance until December Hearing to allow applicant to seek alternative locations as to reduce requested variance. Motion carried 3-0. #2329. Appeal by The Bruce Company, agent for William and Penny Benson for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Mendota at 4826 Betz Road in the SW 1/4 (11, SW 1/4 - Section 33, Town of Westport. IN FAVOR: L. Barrett, K. Parr, B. Benson OPPOSED: --- COMMUNICATION: Town Board. Gaskill/Dreps to grant, with conditions, permit to fill, grade and retaining walls, as proposed, to allow landscaping and stabilization after swim pool construction. CONDITIONS: 1). That plans and specifications be prepared by a licensed engineer within the scope of the application, and filed with the Zoning Department before commencement of any work. 2). That all work be performed in compliance with approved engineering standards and all applicable governmental rules and regulations particularly Section 11.05(4) of Dane County Zoning Ordinance. 3). That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. 4). That intermediate protection devices be installed to stabilize any disturbed areas in order to survive winter and spring rains. 5). That appearance of retaining wall structures be "softened" by natural appearing vegetation as to give shoreline a natural look as possible. 6). Final completion deadline and certification by professional engineer not later than June 1, 1993. FINDING OF FACT: 1). Construction of swim pool on property necessitates grading and retaining walls to stabilize area and enhance drainage patterns. 2). Property slopes toward lake a fairly steep slope and retaining walls, with leveling behind, will slow velocity of cascading run-off. 3). Project designed and constructed by the Bruce Company.