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BOA MINUTES 3/28/96 Page 4 3) . Present owner purchased property without knowledge of violation. 4) . Dunn Place setback Variance never utilized and present owner wishes abeyance until April Hearing to consider. 5) . Property is in an area Of numerous non-conforming structures and many with Variances granted. 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. #2718 . Appeal by Randy W. Severson for variance from required lot area, setback from road, and rearyard as provided by Sections 10. 07 (4) , (6) , and (8) and 10 . 17 (2) to permit additions and lot division for existing and proposed residences at 8631 CTH S (West Mineral Point Road) in the NE 1/4 NW 1/4 - Section 27, Town of Cross Plains. IN FAVOR: R. Severson OPPOSED: --- COMMUNICATION: County Highway, Environmental Health SAYLES/KLOPP to grant variance of 20 feet from required rearyard (Rezone #6552 - 4/9/96 P.H. ) for existing garage as located. Motion carried - 4-0. SAYLES/KLOPP to grant Variance, with condition, of 18 .7 feet (r, from required setback to right-of-way CTH S to permit deck as constructed. Motion carried 4-0. CONDITION: 1) . The deck addition shall be removed at the owner' s expense if future road improvement requires additional right-of-way. SAYLES/GASKILL to deny requested Variance from minimum required lot area to permit lot division as proposed. Motion carried. 4-0. SAYLES/GASKILL to hold in abeyance, not beyond May 196 Hearing, requested Variance from required setback from right-of-way CTH S to permit residential construction as proposed. Motion carried 4-0. FINDING OF FACT: 1) . applicant has 462 feet x 87 feet lot (40, 194 square feet) with existing residence and proposes to divide and construct new home. 2) . Deck addition, in setback violation, was built without required permits. 3) . Lot division as proposed is in conflict with septic system for existing residence, as per Dane County Environmental Health. 4) . County Highway Department prefers any new construction meet required setbacks due to possibility of future right- (' expansion.