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BOA 6/25/98 PAGE 4 tor Bitzer/Ross to grant,with conditions, special exception permit for filling and grading within 300 feet of Fish Lake as proposed. Conditions: 1).That plans and specifications must be prepared and have the stamp of a Wisconsin licensed professional 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, and without alteration from, the usual and customary engineering standards and any other directives of the Board of Adjustment. 3).That all work must be performed in compliance with all applicable governmental rules and regulations, particularly Section 11.05(4) of Dane County Code of Ordinance. 4).That a certificate of compliance by a licensed engineer must be filed with the Zoning Department immediately upon completion of the project. 5).Special Exception Permits are subject to all other necessary governmental agency approvals. 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).Permit valid June 26, 1998 with completion and certification deadline of July 30, 1998. 8).Engineering plans by Lee A. Bartlett, P.E., dated 5/11/98. Finding of fact: 1).Applicant proposes shoreline stabilization to match adjoining properties. 2).Similar permits for neighbors have been granted to protect properties. 3).New ordinary high-water mark for Fish Lake, 858.7 M.S.L.,set by WI DNR on 6/17/1998,is riov greater than two(2)feet since set in 1993. 4).Project in conjunction with WI DNR permitted rip-rap installation. Conclusion: 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. 2950. Appeal by Daryl Jensen and Patricia Rutkowski for a variance from required sideyard as provided by Section 10.07(7)to permit reconstruction of existing residence at 3040 Shadyside Drive being Lot#2, Crystal Springs Section 30,Town of Pleasant Springs. IN FAVOR: D. Jensen,P. Rutkowski,R. Meyer. OPPOSED: — COMMUNICATION: TOWN BOARD Kay/Bitzer to deny a variance of 7.4 feet from required left sideyard to permit reconstruction of existing residence as proposed. Motion failed 2-3.Klopp,no.Bitzer,no.Long,no. Klopp/Ross to grant a variance of 7.4 feet from required left sideyard to permit reconstruction of existing residence as proposed. Finding of fact: 1).Applicant proposes attaching new residence to existing detached garage. 2).Certificate of compliance for zoning permit 34048 issued on 5/25/82 for detached residential garage in complying left sideyard and right-of-way setback locations. 3).Linden tree must be cut down to move existing garage to an alternate location on the east side of the lot.