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c <br /> BOA MINUTES 8/24/95 <br /> Page 4 <br /> #2661 . Appeal by Erling Engeseth et. al . to appeal the <br /> interpretation of the Dane County Zoning Administrator as it <br /> pertains to truck stops in the commercial districts - <br /> Sections 10 .26 (3) , 10 . 13 and 10 . 14 Dane County Code of <br /> Ordinances . <br /> IN FAVOR: S . Ritt, E. Engeseth, B. Willis, R. Mercier <br /> OPPOSED: B. Kaufmann, C. Call, Zoning Administrator James <br /> Gregorius COMMUNICATION: County Highway. <br /> DREPS/GASKILL to deny requested appeal . <br /> FINDING OF FACT: <br /> 1) . Appellants had requested an opinion of the Dane County <br /> Zoning Administrator regarding the appropriate zoning <br /> districts for commercial truck stops on March 14, 1995. <br /> 2) . In a written opinion, dated April 28, 1995, Dane County <br /> Corporation Counsel Cal Kornstedt has stated that Dane <br /> County Zoning lacks jurisdictional authority within the <br /> extraterritorial boundaries of the Village of DeForest . <br /> 3) . Relying on opinion of Corporation Counsel, the Zoning <br /> Administrator has declined to issue his opinion as to the <br /> proper zoning district. <br /> 4) . This issue is pending also in Dane County Circuit Court <br /> on appeal from the zoning committee and the Dane CouilLy <br /> Board decision. (95-CV-1928 & 95-CV2077) <br /> CONCLUSION OF LAW: <br /> 1) . The Zoning Administrator' s decision not to issue an <br /> opinion after being advised by Corporation Counsel that the <br /> County had lost jurisdiction to act within DeFores , <br /> extraterritorial jurisdiction is appropriate as iss e is now <br /> before the Dane County Circuit Court on appeal from the <br /> Zoning and Natural Resources Committe and any decision of <br /> the Board of Adjustment would be moot and advisory only. <br /> Motion carried 4-0 . (Klopp - abstain) . <br /> #2662 . Appeal by Harold Harrison for a variance from <br /> required setback from road and maximum lot coverage as <br /> provided by Sections 10 . 17 (2) and 10 . 07 (5) to permit <br />