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BOA MINUTES 9/26/96 <br /> PAGE 6 <br /> (ftle <br /> FINDING OF FACT: <br /> 1) . 75 foot setback is required from manmade tributary to <br /> Black Earth Creek. <br /> 2) . Applicant constructed warehouse utilizing normal high <br /> watermark as previously established by D.N.R. <br /> representative. <br /> 3) . A second building on same property has a similar <br /> setback variance granted 7/27/95 #2650. <br /> CONCLUSION: <br /> 1) . Variance preserves the the zoning ordinance as much as <br /> possible without injustice to applicant. <br /> 2) . Variance is not contrary to rights of others or to the <br /> public hearing. Motion carried - 4-0. (Kay, abstain) . <br /> #2669. Mantel - Burke - 9/28/95 <br /> APPEAR: B. Fieber <br /> GASKILL/SAYLES to deny requested Special Exception Permit to <br /> permit fill as place and proposed within 300 feet of Token <br /> Creek. <br /> FINDING OF FACT: <br /> 1) . Applicant has failed to comply with conditions of <br /> previous permit approval #876 - 3/27/80 P.H. ) <br /> 2) . Fill and grade continues without required permits . <br /> 3) . Property has extensive flood plain designation on it . <br /> 4) . Requested items dating back to original September 1995 <br /> Hearing yet to be provided or complied with. <br /> CONCLUSION: <br /> 1) . The project as planned does not adequately guarantee it <br /> will not result in substantial detriment to navigable waters <br /> by erosion, sedimentation, impairment of fish or aquatic <br /> life, or safe and healthful conditions . Motion carried - <br /> 5-0. <br /> #2633 . Lake Point - (Withdrawn) . <br /> KLOPP/SAYLES to adjourn. Motion carried 5-0. <br /> Meeting adjourned at 11 : 00 P.M. <br /> Steven H. Reynolds, <br /> Recording secretary <br /> MINUTES WERE FILED WITH DANE COUNTY CLERK' S OFFICE <br /> kw <br /> P 1 1 VI ° u <br /> DANE COUNTY CLE° <br />