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BOA MINUTES 8/25/94 PAGE 3 FINDING OF FACT: 1. Shed is not grandfathered because zoning permit was required when it was placed on this lot and no permit was obtained. 2 . Shed has been located on the right-of-way line for 30 or more years; adjacent trees have purportedly caused encroachment into right-of-way. 3 . Zero-foot setback from right-of-way line is appropriate because Zor Court is not used as a roadway. Owner has agreed to remove encroachment. 4. Shed is used as a boathouse, therefore no variance for_ setback from normal high waterline is required. CONCLUSION: 1. Variance preserves the Zoning Ordinance as much as possible without injustice to applicant. 2 . Variance is not contrary to rights of others or to the public interest. Motion carried - 4-0. #2549 . Appeal by Gerald Manka for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa at 2414 CTH AB being Lot #17, Pike Front - Section 14, Town of Dunn. IN FAVOR: Gerald & Ilene Manka, Cleveland F. Gombar, P.E. OPPOSED: --- COMMUNICATIONS: Town Board, County Highway. DREPS\RLOPP to grant, with conditions, permit to fill and grade in conjunction with landscaping for new house, with exception of lakeshore work. 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 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 . Completion and engineer's certification of work (with exception of shoreline) no later than October 1, 1994 . 5. Submission of engineer's revised plans for shoreline portion of lot, addressing stabilization of bank and removal of wood platform, no later than 9/25/94 ; 6. Completion and engineer's certification of lakeshore work no later than 7/1/95. FINDING OF FACT: 1. Engineering data provided by Cleveland F. Gombar, P.E. provides for erosion control, drainage swales along side lot lines. 2 . Existing deteriorating wood deck\platform on lakeshore is built on old concrete foundation. Shoreline decks are not permitted in shoreland setback area.