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t BOA 11/21/91 Minutes Page 2 lhowy FINDING OF FACT: 1). Normal high watermark is an interpretive elevation and subject to many variables including vegetation, wave action, water levels, etc. 2). Height verification was measured from normal lake level and not normal high watermark. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. 2). Variance is necessary to to provide right enjoyed by others. Motion carried - 5-0. #2183. Appeal by Ray Buckeridge for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Marsh Creek at 6147 Beckman Road in the SW 1/4 SE 1/4 - Section 6, Town of Mazomanie. Appearance: R. Buckeridge Quackenbush/Edgar to grant permit, with conditions, for fill and grade in conjuction with pond construction. 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. 4). Subject to receiving necessary Department of Natural Resources Permits. 5). Project deadline November 21, 1992. FINDING OF FACT: 1). Pond partially constructed without necessary permits and proposal is to further expand. 2). Excavated materials to be spread and leveled for future building site. 3). Engineering submitted by John Parisi 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. #2190. Appeal by Mariner's Cove Development Co., Inc. for a variance from required setback from road, sideyard and setback from normal high watermark as provided by Sections 10.17(3), 10.08(7) and 11.03(2) to permit structures as constructed at 5371-5379 Mariner's Cove Drive in the SE 1/4 SE 1/4 - Section 22, Town of Westport. Appearances: B. Nagel Rendall/Clark-Gaskill to deny variance from required separation between 3 story structures. (Quackenbush, Harvey, Edgar and Clark-Gaskill - no) . Motion failed. Rendall/Clark-Gaskill to hold in abeyance, until December Hearing, requested variance from distance between structures pending an opinion from Corporation Counsel. Motion carried 3-2 (Edgar and Quackenbush - no).