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BOA 6/23/94 Minutes Page 3 5. Property is in an area of numerous non-conforming lots and structures. 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. #2527 . Appeal by Robert Harrison for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading etc. , within 300 feet of tributary to Bad Fish Creek at 429 STH 138 in the SE 1/4 NW 1/4 - Section 30, Town of Dunkirk. IN FAVOR: R. Harrison OPPOSED --- COMMUNICATION: --- Dreps/Gaskill to grant with conditions, permit to fill, grade and pond construction as proposed. 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 Sec. 11. 05 (4) of DCO. . 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 certification deadline of October 1, 1994 . FINDING OF FACT 1. Applicant has moved a residence to this site from a different location. 2 . High ground water necessitate shallow foundation. 3 . Tributary to Badfish Creek is a man-made channel which moves water in large basin. 4. Pond excavation spoils will be used as backfill and drainage t contours around residence. 5. Engineering provided by Mead & Hunt. 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 4-0. #2528. Appeal by Terry Richard for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading, etc. , within 300 feet of Lake Mendota at 4821 CTH M being Lot #2, CSM 1916 in the NE 1/4 SE 1/4 Section 6 South. , Town of Westport. IN FAVOR: T. Richard OPPOSED: --- COMMUNICATION: County Highway and Town Board Gaskill/Klopp to grant with conditions, permit to fill, grade and shoreline stabilization, associated with boathouse construction as proposed.