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BOA MINUTES 10/22/98 PAGE 3 2) . Section 10. 17 (1) Dane County Code of Ordinance required structures to be located not less than 100 feet from centerline of right-of-way or 42 feet from right-of-way line, whichever is greater. 3) . Building as located is 46. 4 feet to right-of-way line and 87.7 feet to centerline of right-of-way. 4) . Zoning Department Staff issued permit with a site plan showing setback in error, however notation of correct setbacks were endorsed by owner. 5) . Building extends nearer right-of-way line than similar building built in 1996. Conclusion: 1) . Unnecessary hardship was not proven. Motion carried - 5-0. #2991 . Appeal by Merlin, Scott, and Matthew Stegmann for a Special Exception Permit as provided- by Section 11 . 05 (3) to permit filling, grading, etc. , within 300 feet of Token Creek located South and East of 6123 Danielle Road being Lots 1 and 2, CSM #1044 and adjacent lands in the SW 'i SE 4 Section 5, Town of Burke. IN FAVOR: No appearances OPPOSED: D. James COMMUNICATION: --- BITZER/LONG to hold request until November Hearing to allow applicants to appear. Motion carried - 5-0. #2992. Appeal by Evelyn Culles for a variance from required setback from normal high watermark as provided by Section 11. 03 (2) to permit new residence construction at 4326 McConnell Street being part of Outlot B, Plat of Waucheeta in the SW ;+ NE ;+ Section 5, Town of Dunn. IN FAVOR: E. Culles OPPOSED: --- COMMUNICATION: Department of Natural Resources, Town Board. KLOPP/ROSS to hold request in abeyance, not beyond December Hearing, to allow submittal of requested information. Motion carried - 5-0. #2993. Appeal by Dane-Iowa Wastewater Commission for a Special Exception Permit as provided by Section 11 .05 (3) to permit filling, grading, etc. , within 300 feet of Black Earth Creek in numerous 4 4' s of Sections 15, 16, 17 and 18 Town of Mazomanie and Sections 22, 26 and 27, Town of Black Earth. IN FAVOR: T. Kingman OPPOSED: --- COMMUNICATION: --- ROSS/BITZER to grant, with conditions, permit to fill and grade associated with sanitary sewer installation as proposed.