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BOA MINUTES 12/19/02 PAGE 4 2). Applicant proposes new single family residence construction on Lot#2, CSM#8309. 3). Property drops 43 feet vertically to normal high watermark at the 75 foot setback to Lake Kegonsa. 4). Property is in an area of numerous non-conforming structures with numerous variances granted. Conclusion: 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. #3225. Appeal by Gregory Syvrud for a variance from required setback from road as provided by Section 10.17(4) to permit new residential garage construction at 5180 Reynolds Avenue being Lot#32, Second Ward Beach, Section 28, Town of Westport. IN FAVOR: M. Sewell, G. Syvrud OPPOSED: --- COMMUNICATION: Town Board KAY/SAYLES to hold Appeal in abeyance, until January hearing,at the request of the township. Motion carried—5-0. APPEALS FROM PREVIOUS HEARINGS: #3211. Dachno—Albion 11/21/02 P.H. Appearances: None Communication: Town Board SAYLES/KAY to deny requested variances from minimum floor level above flood elevation. Also, to deny request that fill surrounding residence be at or above flood elevation for a distance of 15 feet encircling the residence. Finding of fact: 1). Applicant had obtained a zoning permit (ZP 2000-1057) to construct a new single family residence in the flood plain of Lake Koshkonong. 2). Appears contactor failed to meet minimum elevations for floor height and fill levels. 3). 100 year flood elevation for Lake Koshkonong is 784.00 feet above mean sea level. 4). Section 17.39(1)Dane County Code of Ordinance requires floor level of 786.00 feet mean sea level, necessitating a variance of 1.75 feet. 5). Town Board and Department of Natural Resources in opposition. Conclusion: 1). Unnecessary hardship was not proven. Motion carried 5-0. #3218. Dallman—Albion 11/21/02 P.H. Appearances: None Communication: Town Board ROSS/KAY to deny requested variance from required right sideyard to permit new t„ garage construction as proposed.