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BOA 9/26/91 MINUTES Page 6 thist Rendall/Quackenbush to grant variance from required right sideyard to permit garage addition to residence no nearer than 7 feet to right side lot line. Motion carried - 4-1, (Clark-Gaskill, no). Rendall/Quackenbush to grant with conditions Special Exception Permit to fill/grade as proposed, after construction of new boathouse. 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 government rules and regulations particularly Section 11.05(4) of Dane County 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). Deck constructed without required permit. 2). Deck encroachment is fractional and resolution of setback violation would result in minimal removal. 3). Applicant amended garage depth from 31 feet originally requested to 26 feet thusly eliminating need for setback variance. 4). Fill/grade is minimal to level and establish lawn after construction of new boathouse. CONCLUSION: 1). Sideyard variance preserves the zoning ordinance as much as possible without injustice to applicant. 2). Setback normal high watermark and setback right-of-way unnecessary hardship was not proven. 3). 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. #2181. Appeal by Woodard Knox for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc., within 300 feet of Lake Kegonsa at 2288 CTH AB being Lot #5, Block 1, Colladay Park - Section 23, Town of Dunn. IN FAVOR: M. Knox, C. Giesen, L. Bussan, R. Hellenbrand OPPOSED: D. Crane, K. Fry COMMUNICATION: County Highway, Town Board COMMENTS: L. Gander, County Supervisor. Rendall/Edgar to deny permit: FINDING OF FACT: 1). Applicant had approved permit from April 1990 Hearing (Appeal #1965) and plans as implemented, were drastically altered. 2). Both adjoining owners oppose project as constructed. 3). Significant amount of fill brought in to raise/alter previously approved grade. CONCLUSION: 1). Denial of request has effect of re-instating approval of Appeal #1965, (April of 1990). Motion carried - 5-0.