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BOA 8/27/92 Minutes Page 7 I (00 IN FAVOR: J Peck, J. Quamme, R. Bennett OPPOSED: S. Barr COMMUNICATION: Town Board Gaskill/Lynch to grant, with conditions, permit to fill/grade and install water diversion devices as proposed. CONDITIONS: 1). That plans and spcifications 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 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 to include left side (Barr Residence). 5). Berm to left side (Barr Residence) lowered to 6 inch maximum height and to be entirely within applicant's property boundary whereever that may be. 6). Excellsior matting utilized on disturbed areas. 7). 1 Month (30 day) completion period. FINDING OF FACT: 1). Engineering is designed to alleviate any run-off generated from applicant's lot burdening adjoining property owners. 2). Engineering expertise provided by Vierbicher & Associates of Madison. 3). Swale is incorporated, with drain tile into right (Rhodes) sideyard. 4). Project incorporates berm along left side (Barr) property line to handle run-off. 5). Appeal is a re-apply of previous approval from January 24, 1991 (Appeal #2291) to which permit had expired. CONCLUSION: 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. 5). #2292. Appeal by Bruce & Sharon Rhutasel for a variance from required minimum required rearyard as provided by Section 10.16(6)(a) to permit addition to existing garage as constructed at 4804 Kennedy Park Road being Lot #93, Fahey Heights - 2nd Addition - Section 13, Town of Oregon. IN FAVOR: B. Rhutasel OPPOSED: --- COMMUNICATION: County highway Gaskill/Dreps to deny requested Variance from required minimum rearyard to allow addition to storage building as constructed. FINDING OF FACT: 1). Garage addition constructed without required County or Township permits. 2). Structure constructed too near or across property line. 3). Applicant already has considerably larger garage than does others in surrounding subdivision. 4). Enclosure was formerly fenced area which recently became roofed thereby (airf needing permits. 5). Other areas, legally located on lot which would accommodate addition without need for Variance.