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BOA 12/17/92 Minutes Page 7 Cr' #2337. Appeal by Edward A. Solner, of Zoning Administrator's interpretation of provisions of Dane County Zoning Ordinance 10.01(25)(b) and (g) pertaining to conditions of home occupation and also for a Special Exception Permit as _ provided by Section 11.05(3) to provide for alterations to filling and grading within 300 feet of Lake Mendota as approved under previous Special Exception Permit #1832 at 5222 Hedden Circle in the NW 1/4 SE 1/4 Section 6 South, Town of Westport. IN FAVOR: E. Solner OPPOSED: M. Gerner, C. Gerner COMMUNICATION: Town Board. Zoning Administrator William Fleck presented Zoning Administrator/Department's position. Gaskill/Lynch to deny applicant's appeal of Zoning Administrator's interpretation of 10.01(25)(b) and 10.01(25)(g). Also, Gaskill/Lynch to hold Special Exception Permit request in abeyance until January Hearing as per request by Town Board. Motion carried - 3-0. FINDING OF FACT: 1). Applicant claims floor area utilized for home occupation totals less than 25% of floor area of 1 floor of residence. 2). Zoning Administrator has conducted an on-site inspection of property and found area utilized to be greater than 25%. 3). Applicant contends areas utilized for both business nad Personal uses should not be computed for home occupation areas. 4). Appellant's son comes to the Solner's residence on a regular basis during normal business hours. 5). Appellant's contention is that son is not an employee of Mr. Solner's but rather under contract. 6). Dane County Zoning Ordinance Section 10.01(25)(b) requires only members of the immediate family residing on the premises be employed. 7). Dane County Zoning Ordinance Section 10.01(25)(g) limits not more than 25% of the floor area of 1 story dwelling be devoted to such home occupation. CONCLUSION: 1). Evidence and testimony presented was insufficient for Board of Adjustment to make a determination as to the merits of, either appellants or Zoning Administrator's interpretation of the Ordinance. Motion carried - 3-0. Request reconsider/extend compliance deadline. a). #2237 - Yelk Sun Prairie - 3/26/92 P.H. Gaskill/Lynch to grant, with condition, Special Exception Permit compliance deadline extension until May 1, 1993. CONDITION: 1). That there be immediate stabilization of any disturbed areas to ensure erosion prevention until project is completed. 2). Conditions imposed on 3/26/92 main in effect. FINDING OF FACT: 1). Appliant had permit granted on March 26, 1992 and failed to met completion deadline of September 26, 1992. 2). Conditions imposed upon permit approval from 3/26/92 remain in effect as follows: rr a). Project area limited to 250 feet 320 feet in area and not nearer to road right-of-way nor normal high watermark than 50 feet as per Weir map and specifications dated 2/17/92. b). Fill material is limited to clean-fill only, being sand, dirt and pieces of broken concrete.