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BOA/MINUTES/9/23/93 Page 5 CONCLUSION: 1) . Variance is necessary to provide right enjoyed by others. 2) . Variance is not contrary to rights of others or to the public interest. Motion carried - 4-0. #2441. Appeal by Kevin and Wendy Reilly for a variance from required setback from road and maximum size of accessory building as provided by Sections 10. 17 (5) and 10. 04 (1) to permit residential garage construction. Also for a Special Exception Permit as provided by Section 11. 05 (3) to permit filling, grading, etc. , within 300 feet of Lake Waubesa at 4220 Morris Park Road being Lots #10 and 11, Morris Park-Section 8, Town of Dunn. IN FAVOR: K & W Reilly OPPOSED: --- COMMUNICATION: Town Board DREPS/KLOPP To grant, with conditions, permit to fil, grade and retaining walls in conjunction wtih new residential garage construction. CONDITIONS: 1) . That plans and specifications be prepared by a licensed engineer wtihin 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 Zoning - 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) . Inspection and approval by Zoning Department upon completion of project. 5) . Completion and certification deadline February 28, 1994 . 6) . That at all times during the project that soil erosion prevention measures be in place and if completion extends into winter that appropriate measures be taken. DREPS/KLOP.P To grant variance of 232 square feet from maximum allowable square footage of accessory buildings and variance of 18 feet from required setback to right-of-way of Morris Park Road to permit construction of residential garage. FINDING OF FACT: 1) . Applicant has severely sloping lot dropping 15 feet below road grade at requested garage location. 2) . Setback variance needed to minimize earth disturbance and save trees. 3) . Similar setback variances granted for similar structures. BOA/MINUTES/9/23/93 Page 6