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MINUTES OF THE MEETING OF THE DANE COUNTY BOARD OF ADJUSTMENT (10, COMMITTEE HELD ON July 25, 1991 The following members were present: Clark-Gaskill, Arts and Quackenbush. Also: Fleck and Reynolds. Meeting called to order at 7:02 P.M. by Vice Chair Quackenbush in Room 2F, City-County Building to hold public hearing as published by Class II Notice. Arts/Clark-Gaskill to approve minutes of June 27, 1991 and May 23, 1991. #2142 Appeal by Patrick Ryan for a variance from required s-ideyard as provided by Sec. 10.16(6)(a) to permit residential garage as constructed at 6640 STH 78 in the NW1/4 NE1/4, Section 35, Town of Mazomanie. IN FAVOR: No appearances OPPOSED: --- COMMUNICATION: Town Board. No action was taken. #2143 Appeal by Andrew Gill for a variance from required height of accessory building as provided by Sec. 10.05(3)(b) to permit accessory building as constructed at 4462 Wind Chime Way being Lot 7, East Ridge Addition to American Heritage, Section 11, Town of Cottage Grove, IN FAVOR: A. Gill, K. Blomker, M. O'Connell OPPOSED: --- COMMUNICATION: Arts/Clark-Gaskill to deny requested variance from maximum height of accessory buildings to permit structure as constructed. FINDING OF FACT: 1). Applicant obtained permit for accessory building with maximum height of 12 feet and during construction added second story. 2). Second story utilized as child's playhouse. 3). No other variances in area for similar structures. CONCLUSION: 1). Unnecessary hardship was not proven. Motion carried - 3-0. #2144 Appeal by Donald and Bonnie Smithback for a variance from required setback from road as provided by Sec. 10.17(1)(b) to permit addition to existing residence at 793 STH 138 South in the NE1/4 NE1/4, Section 19, Town of Dunkirk. IN FAVOR: B & D Smithback OPPOSED: --- COMMUNICATION: Town Board, Environmental Health Department. Clark-Gaskill/Arts to grant variance of 4 more or less feet from required setback to right-of-way of STH 138 to permit addition to existing residence. FINDING OF FACT: 1). Existing residence is almost entirely within required setback and addition will be to side opposite of road. 2). Board has consistantly granted similar variances when encroachment does not extend further into required setback than does existing structure. 3). No objection received from District #1 Highway Department. 4). Proposed addition is to be kitchen and porch. CONCLUSION: 1). Variance preserves the zoning ordinance as much as possible without (lw injustice to applicant.