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BOA MINUTES 8/23/01 <br /> PAGE 3 <br /> C <br /> #3149. Appeal by David & Martha Schummer for a variance from required setback from <br /> road as provided by Section 10.17(1) & (3) to permit addition to existing residence at 810 <br /> Shaul Lane in the SE 1/4 SE 1/4 Section 33, Town of Deerfield. <br /> IN FAVOR: D &M Schummer OPPOSED: --- COMMUNICATION: -- <br /> KLOPP/SAYLES to grant, with conditions, (2) variances from required setback from <br /> right-of-way of Shaul Lane as proposed. <br /> Conditions: <br /> 1). That no portion of existing residence will be allowed to remain within right-of-way of <br /> Shaul Lane. <br /> 2). That applicant provide verification, in writing, that the Town of Deerfield is not <br /> objecting to proposed request. <br /> Finding of fact: <br /> 1). Applicant purchase a residence located on USH 12-18 in anticipation of right-of-way <br /> being relocated. <br /> 2). Appears right-of-way is in process of being converted to Town property and not to be <br /> vacated as it serves additional properties. <br /> 3). Buildable area limited by 2 right-of-ways, septic field, severe slope and major portion <br /> of lot utilized as a demolition fill site from previous highway projects. <br /> 4). Shaul Lane presently serves 1 other residence and farm field access. <br /> Conclusion: <br /> 1). Variance preserves the zoning ordinance as much as possible without injustice to <br /> applicant. <br /> 2). Variance is not contrary to rights of others or to the public interest. <br /> Motion carried 5-0. <br /> • <br /> APPEALS FROM PREVIOUS HEARINGS: <br /> KAY/LONG to take Appeal#3128 out of order and consider prior to Appeal#3140. <br /> Motion carried- 5-0. <br /> #3128. Ricker-Dunn- 5/24/01 P.H. <br /> No appearances: -- <br /> KAY/SAYLES to deny requested reconsideration or to waive 1 year application <br /> prohibition based upon the Board finding no new `finding of fact' or change of conditions <br /> that would warrant re-hearing. Motion carried- 5-0. <br /> #3140. Town of Perry-Appeal of Zoning Administrator- 7/26/01 P.H. <br /> Appearances: M. Sewell, a. Arentsen &D. Gehl. <br /> ROSS/KAY to sustain the Town of Perry's Appeal and remand back to the Zoning <br /> Administrator, finding that and to find that the Dane County Zoning administrator's <br /> $6,000 substantial income test is arbitrary and capricious and directing the Zoning <br />