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BOA 6/24/93 Minutes Page 8 Motion carried - 5-0. #2409. Appeal by William and Kerri Shannon for a variance from required setback from road and sideyards as provided by Sections 10.17(3) and (4) and 10.07(7) to permit construction of new single family residence. 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 4206 Morris Park Road being Lots 12, 13 and 14, Morris Park - Sections 8 and 9, Town of Dunn. IN FAVOR: W & K Shannon, B. Liebl , M. Cassidy OPPOSED: --- COMMUNICATION: Town Board. Lynch/Dreps to grant variance of 20 feet from required 30 foot setback, after vacation of old right-of-way by Township, to Morris Park Road. Also, to grant variance of 6 feet from 10 minimum required left sideyard. Also: To grant variance of 6.8 feet from 10' minimum required right sideyard to permit construction of single family residence as proposed. Motion carried - 5-0. FINDING OF FACT: 1 ). Town is in process of vacating that unused portion of Morris Park Road to applicants. 2). Property has steep slope away from road. 3) . Locating structure in complying location would require variance from setback to normal high watermark. 4) . Proposal as submitted is intended to minimize soil and bank disruption. 5) . Property in an area with numerous nonconforming structures also numerous variances being granted. CONCLUSION: 1 ). Variance is not contrary to rights of others or to the public interest. 2) . Variance is necessary to provide right enjoyed by others. Motion carried - 5-0. Lynch/Dreps to grant, with conditions , Special Exception Permit to fill , grade and retaining structures as proposed. CONDITIONS: I ). That Land Conservation Committee review and approve plan prior to commencing any disturbing activity. 2). 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. 3). That all work be performed in compliance with approved engineering standards and all applicable governmental rules and rgulations particularly Section 11 .05(4) of Dane County Zoning Ordinance. 4) . That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. 5) . Inspection and approval by Zoning Department upon completion of project. 6). Completion and certification deadline September 15, 1993. FINDING OF FACT: I ). Project in conjunction with razing of existing structure and construction of new single family residence. 2). Engineering plans and specifications submitted by Cliff Lawson P.E. . 3). Erosion prevention measures to be utilized during razing and construction.