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BOA 2/25/93 Minutes Page 5 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 any work. 2). That all work be performed in compliance with approved engineering standards nad 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. FINDING OF FACT: 1). Old "silo stave" block retaining wall was replaced when garage addition was constructed. New reinforced concrete wall with frost footing is in approximately the same location as the old wall. 2). Because the new wall is concrete instead of permeable block, drainage flow is directed toward the road instead of Northerly toward the neighbor's house. 3). Applicant's engineer can verify that the new wall does not adversely affect drainage or cause erosion. Engineer will prepare plans and specifications and certify project when snow is gone. CONCLUSION: 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. Motion carried - 3-0. VARIANCE: Dreps/Gaskill to grant variance of 10 more or less feet from required setback from road to permit garage addition to single family residence as constructed. FINDING OF FACT: 1). Zoning permit for attached garage was issued using Class D Road setback of 20 feet. Garage is 20 more or less feet from east line of Lot #A Private Road shown on Plat of Camp Leonard. (More than 20 feet measured to concrete foundation; less than 20 feet measured to vinyl siding.) 2). Road classification of Camp Leonard Road changed to "E" with 30 foot minimum setback when Babcock Park was platted with a full 66 foot right-of-way contiguous to east line of Lot "A". 3). Other residences and accessory buildings on same side of Camp Leonard Road follow 20 foot setback rule, and some appear to extend into Lot "A". In some cases, the building are "grandfathered"; in others, zoning permits were issued showing 20 foot minimum setback. CONCLUSION: 1). Variance preserves the Zoning Ordinance as much as possible without injustice to applicant. 2). Variance is necessary to provide right enjoyed by others. Motion carried - 3-0. #2357. Appeal by Edmund Chancellor for a Special Exception Permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Schalpbach Creek at 2936 Town Hall Road in the N 1/2 NE 1/4 - Section 8, Town of Springdale. IN FAVOR: Edmund Chancellor OPPOSED: --- COMMUNICATIONS: Town of (Ar. . Springdale driveway permit, Wisconsin Department of Natural Resources Stream Crossing Permit. Dreps/Gaskill to grant with conditions, permit to fill and grade within 300 feet of Schlapback Creek for driveway and stream crossing as per Department of Natural Resources and Town of Springdale permits.