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BOA MINUTES 12/17/98 PAGE 5 4) . Additional silt fencing added to disturbed areas (downslope of berm) . 5) . Engineering provided by Steve Whayland, Professional Engineering. Conclusion: 1) . 1) . The project as planned, with specified conditions; will not result in substantial detriment to navigable waters by erosion, sedimentation, impairment of fish or aquatic life, or safe and healthful conditions. Motion carried - 5-0. #3005. Appeal by Donald & Marilyn Viney for a Special Exception Permit as provided by Section 11.05 (3) to permit filling, grading, etc. , within 300 feet of tributary to Little Door Creek on property located East of 2128 Schadel Road in the SE 1/4 SE 1/4, Section 34, Town of Cottage Grove. IN FAVOR: D. Viney, G. Weir, E. Jensen - OPPOSED: A. Vanderhoff, R. Vanderhoff, C. Bain, M. Strope COMMUNICATION: --- KLOPP/BITZER to hold request in abeyance pending approvals by the following agencies; Zoning & Natural Resources, Plat Review, LCC and Regional Planning Commission also to require immediate placement of erosion control devices. Motion carried - 5-0. #3006. Appeal by Richard 0. Gerke Estate/Transitional Housing, Inc. for a variance from required lot area, lot width and sideyard as provided by Sections 10.11 (5) , 10.11 (7) to permit 3-unit multi-family residential use at 1903 Sherman Avenue in the SE 1/4 NE 1/4, Section 12, Town of Madison. IN FAVOR: L. Strohm, J. Gersich, L. Hanson, A. Gerke, M. Nelson, B. Babcock OPPOSED: C. Harbort COMMUNICATION: --- ROSS/BITZER to grant a variance of 27 feet from required lot width, a variance of 1894 square feet from required minimum lot area, and a variance of 7.75 feet from required left sideyard to allow existing residence to be converted to a 3-Family Dwelling. Finding, of fact: 1) . The property is zoned B-1 which allows multi-family use as a conditional use permit. 2) . Transitional Housing, Inc. is purchasing the property and desires all necessary governmental approvals. 3) . property had previously been utilized as a 3-unit, however without required approvals. 4) . The footprint of the structure will remain as exists with the exception of a stair/entryway to second story apartment. 5) . Existing building is structurally sound and rehabilitation will modernize and bring to code. 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 - 5-0.