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BOA MINUTES 10/24/96 <br /> PAGE 4 <br /> L <br /> 6) . Foundation measurements could undermine the intent of <br /> the Zoning Ordinances for open space, thru the utilization <br /> of cantilevers or overhangs . <br /> 7) . Section 10. 01 (9) Dane County Code of Ordinance defines <br /> building line as : The building line shall be the point a at <br /> which the building wall or any appendage of the building <br /> such as steps, chimneys, decks, porches or covered patios <br /> meet the ground. <br /> CONCLUSION: <br /> 1) . Unnecessary hardship was not proven. <br /> #2780 . Appeal by John Gibson for a variance from required <br /> maximum height of boathouse as provided by Section 11 . 03 (3) <br /> to permit boathouse as constructed, and also for a Special <br /> Exception Permit as provided by Section 11 . 05 (3) to permit <br /> filling, grading, etc. , within 300 feet of Lake Mendota at <br /> 4934 Borcher' s Beach Road - being Lots 13 and 14, Block 3, <br /> Morris Park and adjacent lands in the NW 1/2 SW 1/4 Section <br /> 33, Town of Westport. <br /> IN FAVOR: J. Gibson, E. Solner, R. Lehmann OPPOSED: --- <br /> COMMUNICATION: Town Board, K.S . Paul <br /> SAYLES/GASKILL to deny requested Variance from maximum <br /> height of boathouse to permit boathouse as constructed also <br /> to deny requested Special Exception Permit to allow <br /> excavation and retaining walls as completed and proposed. <br /> FINDING OF FACT : <br /> 1) . Applicant obtained zoning permit (ZP 96-1559) for <br /> boathouse and accompaning Special Exception Permit (#2720) <br /> for excavation and boulder retaining wall around said <br /> boathouse, in June 1996. <br /> 2) . Due to unstable soils, applicant and/or his agent moved <br /> boathouse location and Special Exception Permit #2720, <br /> conditions were violated. <br /> 3) . Applicant continued stabilization measures at own-risk <br /> after permit expiration. <br /> 4) . Applicant alledges relocated boathouse encountered <br /> impenetrable boulder and was constructed 2 . 05 feet above <br /> maximum allowable height. <br /> CONCLUSION: <br /> 1) . Special Exception Permit - the project as planned does <br /> not preserve the natural shoreline and may result in <br /> subtantially detriment to navigable waters by erosion, <br /> sedimentation, impairment of fish or aquatic life, or safe <br /> and healthful conditions . <br /> L <br />