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BOA 3/21/02 <br /> PAGE 4 <br /> APPEALS FROM PREVIOUS HEARINGS: <br /> #3174. Zirbel—Dunn—2/21/02 P.H. <br /> SAYLES/KLOPP to hold request until April Hearing at request of applicant. Motion <br /> carried 5-0. <br /> #3165. Wisconsin Department of Transportation—Burke— 1/24/02 P.H. <br /> ROSS/KAY to deny requested Variance from setback to right-of-way to permit 3 fiber <br /> optic buildings as constructed. <br /> Finding of fact: <br /> 1). The Department of Transportation thru its contractor, Harp Engineering, erected 3 <br /> fiber optic control buildings within right-of-way of I 90-94. <br /> 2). Owner or agent failed to obtain necessary permits. <br /> 3). Section 10.17(1) Dane County Code of Ordinances requires minimum setback of 100 <br /> feet to centerline or 42 feet from right-of-way of State or Federal Highway. <br /> 4). Structures house amplifiers for high speed internet access, voice and video between <br /> Chicago and Minneapolis MN. <br /> Conclusion: <br /> 1). Unnecessary hardship was not proven. Motion carried— 5-0. <br /> #3171. Babiarz <br /> IN FAVOR: S. &F. Babiarz <br /> ROSS/SAYLES to deny requested 3.5 feet Variance to rig ideyar to perm) <br /> residential addition as constructed. Motion carried? .4—t �KL No) <br /> KAY/SAYLES to grant a variance of 2.9 feet from minimum required floor elevation to <br /> allow residential addition as constructed. Motion carried 5-0. <br /> ROSS/SAYLES to grant with condition a variance from maximum allowable <br /> improvements to a non-conforming structure to allow existing building to remain. Motion <br /> carried—5-0. <br /> Condition: <br /> 1). That portion of right sideyard encroachment be removed or a remedy of sideyard <br /> violation occur. <br /> Finding of fact: <br /> 1). Applicant obtained zoning permit ZP 99-3758 for 2-story addition atop existing <br /> foundation. <br />