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BOA 12/19/96 Minutes Page 1 tkir BOARD OF ADJUSTMENT MINUTES OF DECEMBER 19, 1996 PRESENT: Sayles, Gaskill, Klopp, Quackenbush and Kay. ALSO: Reynolds. Meeting called to order at 6:30 P.M. in room 2E City-County Building by Chair Quackenbush to hold Public Hearing as published by Class II Notice. MINUTES: KLOPP/SAYLES to approve minutes of November 14 and 21, 1996, as submitted. Motion carried 5-0. #2786. Appeal by Wayne& Yvonne Diestler for a variance from required setback from normal high watermark as provided by Section 11.03(2)to permit privacy fence in Shoreland District at 6541 Chestnut Circle, being Outlot#2, Assessor's Plat of Lake Windsor- Section 31, Town of Windsor, and also, to appeal the interpretation of the Zoning Administrator as it pertains to structures --- Chapters 10, 11 and 17, Dane County Code Of Ordinances. IN FAVOR: J. Rassmussen OPPOSED: A. &M. Hanson COMMUNICATION: - KAY/GASKILL to sustain the Zoning Administrators' Intrepretation and deny applicants' position that a fence by definition is not a structure. Motion Carried 5-0. KAY/SAYLES to deny variance from required setback to Normal High Water Mark to permit construction of privacy fence as proposed . Motion Carried 5-0. FINDING OF FACT; 1). Applicant presently has Heat-Pump discharge pond in yard and wishes to utilize as a swimming pool. 2). Town of Windsor Ordinance requires swim pools to be fenced. 3). Applicant proposes to enclose entire rearyard with 6 foot high, solid in appearance, fence. 4). As submitted fence would be 8+feet from Normal High Water Mark, while required setback is 75 feet. 5). Zoning Ordinance allows only boathouses, boathoists and piers within required setbacks. 6). By Ordinance definition fences clearly are structures and are required to meet Lawsetbacks to Normal High Water Mark.