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t BOA MINUTES 8/24/95 Page 2 4) . There is presently pending before the Dane County circuit court appeals by those parties of the same issues before the Dane County Board of Adjustment. (95-CV-1928 & 95-CV-2077) 5) . 10.255 (2) (j ) Dane County Code of Ordinances specifies that: An appeal from a decision of the Committee shall be taken to the County Board. No other entity of County government has jurisdiction to hear any such appeal and the avenue of appeal provided for herein is intended to be the sole avenue of appeal from a decision of the Committee. CONCLUSIONS OF LAW: 1) . The Board of Adjustment, through legislative action (10 .255 (2) (j ) Dane County Code of Ordinances . (Effective 2/27/90 Ord. Amend. 50) no longer has appeal jurisdiction over Zoning Committee action and if the Board were to make a ruling any decision would be advisory only. This matter is also moot as the same issue is now under appeal to circuit court . Motion carried - 5-0 . #2658 . Appeal by Victor White for a variance from required setback from road as provided by Section 10. 16 (5) to permit addition/alteration to existing residence at 501 Gannon Avenue being Lot #61, Block 14, Second Addition to E.L. Gallagher' s Plat - Section 5, Town of Blooming Grove. IN FAVOR: V. White OPPOSED: --- COMMUNICATION: --- GASKILT,/SAYLES to grant variance of 7 feet more or less from required setback from Webb Avenue to permit deck replacement as constructed. FINDING OF FACT: 1) . Request is to reconstruct deck permitted under previous variance (#938/10-23-80 P.H. ) 2) . Structure serves as emergency exit from second story. 3) . Deck is slightly narrower and shorter than was constructed under previous variance. 4) . Lot is only 40 feet in width and requires setback from 2 roads .