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BOA MINUTES 8/27/98 Page 2 ROSS/BITZER to grant with condition a variance of 27 feet to the right-of-way of Shadyside Drive to permit garage construction as proposed. CONDITION: 1) . That there be filed with the Dane County Register of Deeds Office a deed restriction prohibiting any further accessory buildings being located on said property. FINDING OF FACT: 1) . Proposed garage will replace existing garage a portion of which is within Town right-of-way. 2) . Property is pie-shaped and narrows greatly as it goes away from road. 3) . 30 foot minimum required setback from right-of-way due to certified survey map approval necessitating 66 feet of right-of- way in front of applicant' s property. 4) . Adjoining properties area required to have a 20 foot minimum required setback to right-of-way line. 5) . Existing structure is insufficiently sized and in need of substantial repair. CONCLUSION: 1) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. 2) . Variance is not contrary to rights of others or to the public interest. Motion carried - 3-2. (Kay and Long - no) . ALSO: ROSS/RLOPP to grant Special Exception Permit with conditions, to permit fill, grade and retaining wall 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) . Subject to the filing of a deed restriction prohibiting more than one accessory building be located on the property. 8) . Permit valid September 15, 1998 with completion and certification deadline of October 15, 1998. FINDING OF FACT: 1) . Applicant has existing area level with road which needs to be expanded to accommodate proposed new garage.