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BOA Minutes 9/24/92 Page 6 5). Fill and grade areas are to minimize erosion and stabilize steep areas. tkof CONCLUSION: 1)." Variance preserves the Zoning Ordinances much as possible without injustice to applicant. 2). Variance is necessary to provide right enjoyed by others. 3).. 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. #2305. Appeal by Cheney Engineering, agent for David Powell for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc., within 300 feet of Deer Creek at 2435 STH 92 in the Northeast 1/4 Northwest 1/4, Section 19 and the Southeast 1/4 Southwest 1/4, Section 18, Town of Springdale. IN FAVOR: A. Cheney, M. Powell OPPOSED: --- COMMUNICATION: --- Dreps/Lynch to grant, with conditions, permit to fill and grade within 300 feet of Deer Creek in association with culvert installation on creek bed necessitated by driveway relocation. 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 Ordinance. 3). That there be filed with the Zoning Department of certificate of compliance by a licensed engineer at the completion of the project. 1 CV 4). Completion deadlines of November 1, 1992 to complete fill, grade and have project stabilized sufficiently to last thru Winter and Spring. Final paving deadline of August 1, 1993. Motion carried - 3-0. FINDING OF FACT: 1). Existing drive/culvert over Deer Creek is crumbling and unable to support milk trucks and farm machinery needed to reach farm. 2). Engineering data and supervision of project by Aleck Cheney - Professional Engineer. 3) . Applicable governmental agency permits have been obtained. 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. #2306. Appeal by Ken Schubert for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Lake Mendota on Lot 1, CSM 6004 at 4609 Fox Bluff Lane in the Northwest 1/4 Southwest 1/4 Section 5 South, Town of Westport. IN FAVOR: K. Schubert OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources. Gaskill/Dreps to hold request in abeyance until October Hearing to allow for submittal of additional materials. Motion carried - 3-0. #2308. Appeal by Jim Noll, Agent for William Dachno for a variance from required maximum square feet of accessory buildings as provided by Section 10.04(1) to permit residential garage construction at 70 Walnut Street being Lots 30 thru 33, Block 7, Edgerton Beach Park, Section 25, Town of Albion. IN FAVOR: J. Noll OPPOSED: --- COMMUNICATION: --- Gaskill/Dreps to grant, with condition, variance of 135 square feet from required maximum allowable square footage of accessory buildings.