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BOA 12/17/92 Minutes Page 6 3). That roll-up fire door with fusable link be installed in the 8' x 8' framed opening which will connector of new to old. FINDING OF FACT: 1). Property is in an area of numerous nonconforming structures. 2). South property line has 20 feet ingress/egress easement granted to adjoining property owner. 3). Addition is necessary to handle commercial HVAC projects. 4). High ground water and unsuitable fill prevent locating structure further Easterly. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. 2). Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 3-0. #2346. Appeal by Timm Speerschneider, agent for BFI of Wisconsin, Inc. for a variance from height limit indicated on Height Limitation Zoning Map for Dane County Regional Airport as provided by Section 78.03 to permit landfill expansion and temporary crane at Madison Prairie Landfill, 3490 Nelson Road in the NE 1/4 Section 23, Town of Burke. IN FAVOR: T. Speerschneider OPPOSED: --- INFORMATION: J. Ziebelman COMMUNICATION: Town Board, Dane County Airport. Quackenbush/Gaskill to grant, with conditions, variance of 57.2 feet from maximum height surrounding airport to allow landfill expansion to height of (iv 1067.2 feet msl also Variance of 69.2 feet from maximum height surrounding airport to allow temporary use of construction equipment necessary for landfill operation to a maximum height of 1079.2 feet msl. CONDITION: 1) . All other necessary governmental agency approvals be obtained. 2). Subject to any applicable court determination from any resulting litigation. 3). That boards determination is not an attempt to seek resolution of any pending litigation but rather decision is based on facts and testimony from hearing. FINDING OF FACT: 1). A variance from Dane County Board of Adjustment is necessary as per terms of settlement agreement between Dane County and BFI of Wisconsin, Inc. 2). Site will not accept municipal waste thereby not attracting birds which would be a hazard to air traffic. 3). FAA and Dane County Regional Airport has not objected to this appeal. 4). Airport High Limitation applies to all lands within 3 miles of airport. 5). Similar height variances have been granted in recent years. 6). Testimony is the variance does not create a hazard to the safe and normal operation of aircraft. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. 2). Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 3-0. L