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BOA Minutes 9/24/92 Page 5 CONCLUSION: 1. 1). Variance is not contrary to rights of others or to the public interest.kw 2). Variance is necessry to provide right enjoyed by others. Motion carried - 3-0. - #2302. Appeal by Jeff Barth, Agent for Dennis & Judy Barth for a variance from required setback from Normal High Water Mark as provided by Section 11.03(2)(a) to permit construction of storage shed at 4668 South Street in the Northeast 1/4 Southwest 1/4, Section 18, Town of Windsor. IN FAVOR: J. Barth OPPOSED: --- COMMUNICATION: Town Board, Environmental Health, Department of Natural. Gaskill/Lynch to hold request in abeyance until October Hearing as per request of township. #2303. Appeal by Wade & Kimberle Mapes for a variance from required sideyard as provided by Section 10.07(7) to permit residential addition as constructed at 2870 Lakeside Street being Lots 7 & 8, Block 4, Waubesa Beach 2nd Addition in Section 8, Town of Dunn. IN FAVOR: K. Mapes OPPOSED: --- COMMUNICATION: Town Board, C & P Thompson Dreps/Lynch to hold request in abeyance until October Hearing pending investigation of adverse impact upon adjoining property. Motion carried - 3-0. #2304. Appeal by John & Mary-Ann Tiefel for a variance from required setback from road as provided by Section 10.17(4)(b) to permit construction of new residential garage. Also for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa at 2054 Barber Drive being Lot 4, Lincoln Park, Section 26, Town of Dunn. IN FAVOR: J. Tiefel OPPOSED: --- COMMUNICATION: Town Board. Lynch/Gaskill to grant variance of 18 feet from required setback to right-of-way of Barber Drive to permit construction of residential garage. Motion carried - 3-0. Also: Lynch/Gaskill to grant, with conditions, permit to fill, grade and retaining structures as proposed. CONDITIONS: 1) . That plans and specifications be prepared by a licensed engineer within the scope of the application, an 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 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). Completion deadline of July 1, 1993. Motion carried - 3-0. FINDING OF FACT: 1). Applicant wishes to replace existing garage which has foundation in need of reconstruction. 2). Property has steep slope away from road and locating structure near Cr/ right-of-way minimizes need for fill and enhances water drainage. 3) . Similar setback variances have been approved along this stretch of Barber Drive. 4). Retaining wall at right-of-way is crumbling and failure to repair could cause paved area to be undermined.