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BOA 9/24/98 MIN PAGE 6 (kw 2) . Proposed buildable area is under an easement agreement for access to adjoining properties . 3) . Without previous variances for residence, lot would have been unbuildable. 4) . Proposed addition for storage as residence has no basement. Conclusion: 1) . Unnecessary hardship was not proven. Motion carried 3-2 . (Long and Bitzer - no) #2983. Appeal by Jean Lemke and Richard Conroy and Karen Strandt-Conroy for a Special Exception Permit as provided by Section 11 . 05 (3) to permit filling, grading, etc. , within 300 feet of Lake Kegonsa located at 2024 and 2026 Barber Drive being Lots 8 and 9 of Richards-Standish Replat of Crown Point Section 26, Town of Dunn. IN FAVOR: M. Hirchon OPPOSED: --- COv2v1tJNICATION: Town Board BITZER/ROSS to grant, with conditions, permit to fill, grade and retaining wall reconstruction as proposed. Conditions : 1) . That plans and specifications be prepared by a licensed engineer within the scope of the application, and filed with the Zoning Department before commencement of any work. 2) . That all work be performed in compliance with approved engineering standards and all applicable governmental rules and regulations particularly Section 11 . 05 (4) of Dane County Code of Ordinances . 3) . That there be filed with the Zoning Department a Certificate of compliance by a licensed engineer at the completion of the project. 4) . Subject to all other necessary governmental agency approvals. 5) . Inspection and approval by Zoning Department upon completion of project. 6) . At the discretion of the Board of Adjustment, inspection and approval by the Zoning Department during and/or upon completion may be required. 7) . That disturbed areas incorporate silt fencing to prevent soil erosion. 8) . Permit valid September 25, 1998 with certification and completion deadline of October 15, 1998 . Finding of fact: 1) . Applicant proposed to reconstruct retaining wall between two residences prior to failure. 2) . An additional retaining wall will be removed and landscaped with moderate slope. 3) . Timber retaining wall height varies from six feet maximum down to two feet. 4) . Engineering provided by William Borton, P.E.