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(hr MINUTES OF THE MEETING OF THE DANE COUNTY BOARD OF ADJUSTMENT COMMITTEE HELD ON July 22, 1993 The following members were present: Lynch, Gaskill , Klopp, Quackenbush and Dreps. Also: Fleck, Gunderman and Reynolds. Meeting called to order at 6:30 P.M. by Chairman Quackenbush in Room 2E City-County Building to hold public hearing as published by Class II Notice. Minutes: Lynch/Dreps approve minutes of June 24 and July 15, 1993. Motion carried - 5-0. APPEALS FROM PREVIOUS HEARINGS: #2270. Essert - Westport - 6/25/92 Public Hearing. APPEAR: E & S Essert OPPOSED: --- COMMUNICATION: Town Board. Gaskill/Dreps to grant with condition variances of 29 more or less feet from required setback of STH 113 to permit covered beer garden as constructed also variance of 5 more or less feet from setback to permit proposed tavern expansion to side opposite roadway. CONDITION: 1 ). Variance approval subject to approval by all other necessary governmental agencies. FINDING OF FACT: 1 ). Applicant had constructed "beer garden" seating area without necessary permits. 2). Approvals were delayed due to sanitary system (Environmental Health) concerns. 3). Roadside variance continues existing building line with no further encroachment. 4). Any expansion of facilities onto original structure would need setback variance as it is almost entirely within highway setback. CONCLUSION: I ). Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2). Variance is not contrary to rights of others or to the public interest. Motion carried - 5-0. #2359. Engen - Windsor - 3/25/93 Appearance: K. Engen Klopp/Gaskill to grant variance of 15 more or less feet from required setback to centerline of CTH C to permit above ground swim pool as situated, conditional upon there being no repairs to nor replacement of pool in present location. FINDING OF FACT: I ). Applicant has agreed to remove pool if repairs, such as new liner or substantial maintenance is needed. 41L, 2). Pool erected by previous owners without necessary permits. 3). Dane County Highway Department does not object. 4) . Pool setback variances have been granted in the past.