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BOA 3/25/93 Minutes Page 5 IN FAVOR: D. McKichan OPPOSED: R. Olson, L. Murry COMMUNICATION: Town Board Gaskill/Lynch to grant variance of 25 more or less square feet to allow Lot coverage to exceed the 35% to maximum by 0.56% to allow residence, with footprint as constructed. FINDING OF FACT: 1). Lot area computations involving normal high watermark delineations are not usually consistant as it involves interpretive variables. 2). Applicant was issued a permit for residence, as constructed, thereby felt was within buildable limits. 3). Site plan provided shows incorrect lot distance computation. 4). Of the 4 property surveys provided none agree totally on lot dimensions, thereby reinforcing "human error" variable theory. 5). Applicant has a 33 foot wide lot with existing variance from required sideyard. CONCLUSION: 1). Variance is not contrary to rights of others or to the public interest. 2). Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 3-0. Dreps, abstain. REQUEST RECONSIDER/RE-APPLY: #2311. Kloepping - Medina - 10/22/92 P.H. Dreps/Gaskill to deny request for reconsideration or waiver of 1 year prohibition from reapply after denial as testimony given was insufficient to warrant under Section 10.26(10). Motion carried - 4-0. #2336. Pribula - Albion - 11/19/92 P.H. Dreps/Gaskill to deny requested reconsideration of previous variance approval in order to incorporate into motion to have the Board waive variance application fees for the following reasons: a). Section 12.06(g) may not pertain to this request b). Section 10.26(6) failure to prove that solely on any error by a zoning official led to hardship upon appellant. Motion carried - 4-0. Chairman Quackenbush would like to go on record supporting the motion with the following comments: a). Pertaining to Section 12.06(g) Dane County Zoning Ordinance the appropriate agency for relief would be the Dane County Zoning Committee. b). Section 10.26(6)(c) - Dane County Zoning Ordinance authorizes Board of Adjustment to grant variances from terms of the Zoning Ordinance but does not address fees. c). Based upon those sections of the Ordinance the opinion is such that this body does not have jurisdiction to grant requested waiver of fees. #2248. Felio - Dunn - 4/23/92 P.H. Dreps/Lynch to grant reconsider and approve request to allow applicant to modify original variance to include deck/walkway along left side of residence which all behind or landward of normal high watermark for which original variance was granted.