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BOA - 10/26/95/Minutes Page 3 #2676. Appeal by Bill R. Vest for a Special Exception Permit as provided by Section 11 . 05 (3) to permit filling, grading, etc. , within 300 feet of Yahara River in the SW 1/4 SW 1/4 Section 16, Town of Dunkirk. IN FAVOR: B. Vest OPPOSED: --- COMMUNICATION: --- SAYLES/GASKILL to grant with conditions, permit fill and grade as completed to stabilize shoreline erosion. 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 and all applicable governmental rules and regulations particularly Section 11 . 05 (4) of Dane County Code of Ordinances . 3) . That there be filed with the Zoning Department a Certificate of compliance by a licensed engineer at the completion of the project . 4) . Subject to all other necessary governmental agency 5) . Inspection and approval by Zoning Department upon completion of project. This permit applies only to fill and grade structure . 6) . As the work is completed, certification deadline is November 10, 1995 . Finding of fact: 1) . Action by the Department of Natural Resources to form a lake district raised the water level to where bank stabilization is necessary. 2) . Bank was unstable due to being utilized as refuse dump by occupants of former farm homestead. 3) . Body of water is Yahara River. 4) . Engineering provided by Kimberly Johnson P.E. CONCLUSION: '' 4t 1) . The project as planned, with specified conditions; will No1': result in substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions . Motion carried 4-0 L