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BOA MINUTES 7/26/01 <br /> PAGE 5 <br /> SAYLES/KLOPP to deny variance from maximum height of accessory buildings to <br /> permit structure as proposed. <br /> Finding of fact: <br /> 1). Applicant proposes 2-story garage which would house woodworking shop on ground <br /> level and wood drying/storage above. <br /> 2). Applicant could construct a larger dimensioned building, for added storage, without <br /> having to exceed height maximum. <br /> 3). Property is zoned residential which has 12 foot maximum height. <br /> 4). Applicant was given abeyance at the May 24, 2001 Hearing to explore options and <br /> 1 has failed to further communicate with Staff. <br /> Conclusion: <br /> 1). Unnecessary hardship was not proven. Motion carried 5-0. <br /> #3134. Appeal by the Town Board of Montrose of the interpretation of the Dane County <br /> Zoning Administrator as it pertains to the permit tolling and the one-year Conditional Use <br /> Permit implementation deadline, as provided by Sections 10.255(2)(L) & 10.26(4) Dane <br /> County Code of Ordinances while under appeal to the Dane County Board. <br /> * Members Sayles and Kay recuse themselves. <br /> REGISTRANTS: C. Ashley,D. Black, E. Alshuler- in support of the Zoning <br /> Administrator's Interpretation. <br /> REGISTRANTS: J. Cooley in opposition to the Zoning Administrator's Interpretation. <br /> (0, <br /> LONG/KLOPP to rule against the Town Board of Montrose and find in favor of the <br /> Dane County Zoning Administrator's interpretation of sections 10.255(2)(L) and <br /> 10.26(4), as it pertains to tolling and the one year Conditional Use Permit <br /> implementation deadline. <br /> Finding of fact: <br /> 1). Section 10.255(2)(1)Dane County Code of Ordinances states"in any case where a <br /> Conditional Use Permit, issued under this ordinance, has not been instituted or <br /> Ap° <br /> construction begun within one year of the date of approval,without further action by the <br /> Committee shall be null and void". ` 2 <br /> 2). The Zoning Administrator has interpreted that Conditional Use Permit#1480 is not <br /> null and void pursuant to 10.255(2)(1) Dane County Code of Ordinances2).. <br /> 3). The Dane County Zoning and Natural Resources Committee on April 16, 1998 <br /> approved Conditional Use Permit#1480 to the University of Wisconsin in order to <br /> construct a radio tower in the Town of Montrose <br /> 4). Appeals by the Town of Montrose to the Dane County Board of Adjustment,Dane <br /> County Board and the Wisconsin Court of Appeals have prevented the University of <br /> Wisconsin from obtaining necessary permits to legally commence construction. <br /> 5). A zoning permit historically has not been issued until final legislative and judicial <br /> action has been completed on an appeal. <br /> C <br />