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BOA /5/26/94 MIN PAGE 5 4) . All sideyard variances apply to long standing structures. CONCLUSION: 1) . Variance preserves the Zoning Ordinance as much as possible without injustice to applicant. 2) . Variance is necessary to provide right enjoyed by others. Motion carried - 4-0. #2515. Appeal by Peter and Sarah Miller for a variance from required setback from road as provided by Section 10. 17 (2) to permit residential garage construction at 2442 CTH AB being Lot #1, Pike Front Plat - Section 14, Town of Dunn. IN FAVOR: V. Laufenberg OPPOSED: --- COMMUNICATION: County Highway GASRILL/RLOPP to grant, with condition, variance of 10. 17 feet from required setback to right-of-way of CTH AB to permit construction of residential garage as proposed. CONDITION: 1) . The structure shall be removed at the owner's expense if future road improvement requires additional right-of-way. FINDING OF FACT: 1) . Minimum required setback is 42 feet from right-of-way CTH AB and property is corner lot. 2) . Existing maple tree and well location prohibit moving further from right-of-way. 3) . County Highway Department anticipates no further expansion of right-of-way, however requests conditional approval. 4) . Many non-conforming similar structures in the area with several similar variances being granted. 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 - 4-0. #2516. Appeal by Mike and Janet Bailey for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading etc. , within 300 feet of tributary to German Valley Creek in the S 1/2 NE 1/4 - Section 28, Town of Blue Mounds. IN FAVOR: M & J Bailey OPPOSED: --- COMMUNICATION: County Highway DREPS/GASRILL to grant, with conditions, permit to fill, grade and culvert installation in conjunction with driveway 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.