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(fp BOA MINUTES 6/22/95 PAGE 4 DREPS/GASKILL to deny requested variance from required setback to CTH N right-of-way line and to grant variance of 16 more or less feet from normal high watermark to permit garage, deck and bow window addition to existing single family residence. FINDINGS OF FACT: 1) . Screen porch is prohibited within varianced area, as is roof over basement walk-out door. 2) . Variance extends and allows 3 feet additional encroachment for deck and bow window only beyond existing building line extension. 3) . Applicant's have older small home and wish attached garage and improve living area. 4) . Between right-of-way setback and setback from normal high watermark lot has minimal buildable area. CONCLUSIONS OF LAW: 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. Motion carried - 5-0. #2644. Appeal by Madison Cellular Telephone Company for a variance from required maximum height of structures as provided by Section 78. 03 to permit cellular telephone tower located West of 3518 Cross Hill Drive - NW 1/4 SW 1/4 - Section 23, City of Madison. IN FAVOR: D. Ruskin OPPOSED: --- COMMUNICATION: --- DREPS/SAYLES to grant with condition Variance of 41 feet from required maximum height of structures within airport height limitation map. CONDITION: 1) . Subject to approval by all other necessary governmental agencies. FINDINGS OF FACT: 1) . Tower will be below elevation of existing water tower on adjoining property. 2) . Adjoining water tower granted a 45 ' Variance (1/28/93 Variance #2350) to reach an elevation of 1145 mean sea level. 3) . Tower is for cellular telephone communication which aids in emergency services. 4) . Tower sight is located within City of Madison however Dane County has airport height jurisdiction. CONCLUSIONS OF LAW: 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2) . Variance is not contrary to rights of others or to the public interest. Motion carried - 5-0.