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BOA 11/21/91 Minutes Page 3 Edgar/Rendall to grant variance of 17 more or less feet from required setback to normal high watermark to permit apartment/condominium as constructed. FINDING OF FACT: 1). Building location sited from Department of Natural established bulkhead line rather than normal high watermark. 2). Variance denial would require applicant to fill out to bulkhead line. 3). Town Board recommends approval of variance, which would leave shoreline in natural state. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. Motion carried - 5-0. Appeals from 11/21/91 Public Hearing: #2188. Appeal by Held & Associates, Inc., agent for James Cutrell for a variance from required setback from normal high watermark as provided by Section 11.03(2) to permit residential addition as constructed. Also, for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Yahara River at 5321 Lighthouse Bay Drive, being parts of Lots 33 and 36 plus all Lots 34 and 35 - Brickson Park - Section 27, Town of Westport. IN FAVOR: G. Held, J. Cutrell OPPOSED: --- COMMUNICATION: Town Board. Quackenbush/Edgar to hold in abeyance setback from normal high watermark issues, pending dealing with the neighborhood issues as a whole. Motion carried - 5-0. Quackenbush/Rendall to grant with conditions special exception permit for fill/grade as exists and proposed to allow improved site drainage and lawn to be established. 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 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). Completion deadline of June 15, 1992. FINDING OF FACT: 1). Setback from normal high watermark issues will be dealt with at December Hearing when applicant's neighbors will be appearing with similar requests. 2). Special Exception request has necessary engineering provided by Greg Held Professional Engineer. 3). Filling is intended to level and provide black dirt for establishing a lawn. 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.