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BOA 10/24/91 Minutes Page 6 Quackenbush/Edgar to grant, with conditions, variance of 10.3 feet to required setback to right-of-way of Gannon Street to permit construction addition to existing single family residence. CONDITIONS: 1). Subject to the Town of Dunn either granting and recording an easement to applicant or formal vacating of road thus changing required distance from right-of-way to sideyard. 2). Applicant will have 120 days from grant to be in receipt of either an easement granted by the Town of Dunn or vacation of road - or variance will become null and void. (Also) - Quackenbush/Edgar to grant variance of 21.2 more or less feet from average setback to normal high watermark to permit deck addition to residence at 46 more or less feet from normal high watermark. FINDING OF FACT: 1). Subject property adjoins the unused and unimproved Gannon Street. 2). Setback from normal high watermark duplicates existing setback and allows applicant to utilize portion of existing foundation for deck purposes. 3). Existing foundation is structurally sound and will support additions to it. 4). Raised living space of proposed construction will be at average setback to normal high watermark while only deck will encroach. CONCLUSION: 1). Permit granted as per plans submitted. tr, 2). Variance is not contrary to rights of others or to the public interest. Motion carried - 5-0. PETITIONS FROM PREVIOUS HEARINGS: #2167. Meier - GMC - Madison - 9/26/91 P.H. Quackenbush/Clark-Gaskill to hold in abeyance, not beyond April 1992 Hearing, as per request of applicant. Motion carried - 5-0. #2168. Vivian - Albion - 9/26/91 P.H. Quackenbush/Clark-Gaskill to grant, with conditions, permit to fill/grade in conjunction with proposed addition to existing residence. CONDITIONS: 1). That fill not exceed highest level on lot that exists between residence and road (that elevation verified to Dane County Zoning prior to commencement). 2). That structure be no nearer to right sideyard than 15 feet. 3). Filled area not to exceed elevation of Lake Shore Drive. 4). Permit granted as per plans submitted. FINDING OF FACT: 1). Applicant has amended original plan to lower height of fill and delete separation between residence and proposed garage. 2). Flood zone permit is required. 3). Town Board in favor. CONCLUSION: The project as planned, with specified conditions; will not result in Low substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 5-0.