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BOA Minutes 9/24/92 <br /> Page 3 <br /> centerline grade 50 feet as determined by speed limit in excess of 45 M.P.H. <br /> 4). Appellant wishes to utilize beltline highway rather than Rusk Avenue as <br /> adjacent highway for sign maximum purposes. <br /> 5). Applicant's proposed sign is 36 feet high and contains 160 square feet of <br /> area. <br /> CONCLUSIONS OF LAW: <br /> 1). Dane County Ordinance §10.74(19) "adjacent highway" is ambiguous and <br /> capable of more than one meaning. "Adjacent" may mean contiguous or merely <br /> near or in the area of. The legislative history is insufficient to determine <br /> the legislative intent. Reasonable interpretation must be given to all <br /> provisions of the ordinance and must be given to all provisions of the <br /> ordinance and must be consistent with the State Statutes pertaining to highway <br /> signage (§84.30). <br /> 2). The stepping provisions of the ordinance which allow higher and larger <br /> signs on higher speed highways is intended for the safety of the highway users <br /> and an interpretation favoring the beltline is in the best safety interests of <br /> the public. <br /> 3). State Statute §84.30 permits even larger and higher signs than permitted <br /> under the Dane County Ordinance within 600 feet of the right-of-way, within <br /> which distance applicant's property and sign are situated, indeed, if it were <br /> not for the intervening Rusk Avenue, applicant's property would abut the <br /> beltline right-of-way. A beltline interpretation is not inconsistent with the <br /> objective of the ordinance to beautify and reduce size and height of <br /> advertising signs. <br /> 4). A beltline interpretation aligns the county sign ordinance with City and <br /> State requirements consistent with the uniformity objective of the ordinance. <br /> 5) . A beltline interpretation is site specific and is not contrary to the <br /> public interest or the rights-of others and provides a more reasonable <br /> interpretation under the specific circumstances presented. <br /> 6) . For this site, the Zoning Administrator's interpretation is rejected. <br /> Motion carried - 3-1. (Gaskill, no) <br /> #2298. Appeal by Steven J. McFadden for a Special Exception Permit as <br /> provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet <br /> of Lake Waubesa being Lot 21, Third Addition to Waubesa Beach, located at 2782 <br /> Waubesa Avenue in Section 8, Town of Dunn. <br /> IN FAVOR: S. McFadden OPPOSED: --- COMMUNICATION: Town Board. <br /> Gaskill/Dreps to grant with conditions, to fill and grade, as per plans and <br /> specifications submitted, to allow lot drainage in conjunction with <br /> construction of new single family residence. <br /> CONDITIONS: <br /> 1). That plans and specifications be prepared by a licensed engineer within <br /> the scope of the application, and filed with the Zoning Department before <br /> commencement of any work. <br /> 2). That all work be performed in compliance with approved engineering <br /> standards and all applicable governmental rules and regulations particularly <br /> Section 11.05(4) of Dane County Zoning Ordinance. <br /> 3). That there be filed with the Zoning Department a certificate of <br /> compliance by a licensed engineer at the completion of the project. <br /> 4). Completion deadline for grading, contouring and winter stabilization of <br /> November 1st and total project completion of June 1, 1993. <br /> FINDING OF FACT: <br /> 1). Project site is virtually flat and has historically held ponded water. <br /> 2). Swales toward lake are intended to effectively channel water away from <br /> adjoining properties and prevent ponding. <br /> 3). Plans and specifications by Cliff Lawson, Professional Engineer. <br /> 4) . Existing residence and garage to be removed, building site excavated, <br />