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BOA Minutes 9/24/92 Page 4 compacted fill brought in to support foundation and excavated peat utilized for backfill and site work. CONCLUSION: 1). The project as planned, with specified-conditions; will not result in substantial deriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 3-0. #2299. Appeal by Gordon and Marian Merry for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc., within 300 feet of Token Creek, located South of 6492 CTH "C" in the Southwest 1/4 Northwest 1/4 Section 36, Town of Windsor. IN FAVOR: G. Merry OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources Gaskill/Dreps to hold in abeyance until October Hearing as per request of Town of Windsor. Motion carried - 3-0. #2300. Appeal by Arthur & Sharon Harnack for a variance from required sideyard as provided by Section 10.08(7)(b) to permit construction of new single family residence at 4378 Jordan Drive in the Northeast 1/4 Northwest 1/4, Section 17, Town of Dunn. IN FAVOR: A. Harnack, A. Brown, M. Munz, M. Hoesley, T. Hoesley OPPOSED: --- COMMUNICATION: Town Board Lynch/Gaskill to grant variance of 5 more or less feet from required left sideyard and variance of 5 feet 4 inches more or less from required right sideyard to permit construction of new residence not exceeding footprint (sideyard encroachment) of existing structure to be removed. FINDING OF FACT: 1). Proposal is to replace existing cottage with dimensionally identical width new residence. 2). Setback from normal high water mark will be with allowable average requirement. 3) . Request is similar to numerous approvals granted by Board of Adjustment within immediate area. 4). Proposed plan has approval of Homeowner's Association and Town Board. CONCLUSION: 1) . Variance is necessary to provide right enjoyed by others. 2). Variance is not contrary to rights of others or to the public interest. Motion carried - 3-0. #2301. Appeal by Wm. F. White, Agent for Amoco Oil Company, for a variance from required setback from road as provided by Section 10.17(2)(b) to permit canopy over gas islands as constructed at 4905 CTH "V" in the Northeast 1/4 Northwest 1/4, Section 24, Town of Vienna. IN FAVOR: J. Ishikawa OPPOSED: --- COMMUNICATION: County Highway Gaskill/Dreps to grant, with condition, variance of 13 feet from required setback to CTH V to permit canopy over gas island as constructed. CONDITION: The structure shall be removed at the owner's expense if future road improvement requires additional right-of-way. FINDING OF FACT: Crir 1) . Request is for re-approval of previously granted variance for which permit was not obtained within 1 year. 2). Previous variances granted: #2128 - May 23, 1991 (no permit obtained) and November 17, 1988 for original canopy. 3). County Highway Department has large right-of-way acquistion already and can foresee no further right-of-ways being needed.