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BOA 11/21/91 Minutes Page 4 twv Motion carried - 5-0. #2197. Appeal by Gary Smithback for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc., within 300 feet of Lake Kegonsa being Lot #3, Washington Park at2238 USH 51 Section 23, Town of Dunn. IN FAVOR: G. Smithback OPPOSED: --- COMMUNICATION: Town Board Clark-Gaskill/Quackenbush to grant permit, with conditions, to fill/grade as completed to direct water run-off after construction of new single family residence. 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 Code of Ordinance. 3). That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. FINDING OF FACT: 1). Lot grading and boulder retaining wall as completed. 2). Engineering date by George Weir professional engineer 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 - 5-0. #2198. Appeal by Starc Traxler for variance from required setback from road as provided by Section 10.17(5) to permit residence as constructed at 2879 Golden Circle being Lot #30, Pleasant Oaks - Section 9, Town of Pleasant Springs. IN FAVOR: S. Traxler, M. Hawley OPPOSED: --- COMMUNICATION: Town Board. Rendall/Quackenbush to deny requested variance from required setback to right-of-way of Golden Circle to allow residence encroachment as constructed. FINDING OF FACT: 1). Contractor error in locating residence on lot situated structure 8 more or less feet into required setback. 2). Zoning permit was endorsed with required setbacks. 3). Lot configuration, contour and septic location were not factors in necessitating encroachment. 4). Property is in an area of newer construction with no variances previously granted. CONCLUSION: 1). Unnecessary hardship was not proven. Motion carried - 5-0. #2199. Appeal by Kent & Beth Cumblad for a variance from required setback from normal high watermark as provided by Section 11.03(2) to permit accessory structure (viewing platform) as constructed at 1991 Skyline Drive being Lot #2, CSM 5815 - Section 29, Town of Pleasant Springs. IN FAVOR: K. Cumblad OPPOSED: --- COMMUNICATION: Town Board, Department of Natural Resources.