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BOA 6/25/98 1 PAGE 7 PETITIONS FROM PREVIOUS HEARINGS: #2916. Appeal by William E. &Kristine Maier for a Special Exception Permit as provided by Section 11.05(3)to permit filling,grading,etc.,within 300 feet of Koshkonong Creek located at 4660 Baxter Road in the S 1/2 NW 1/4-Section 2,Town of Cottage Grove.3/26/98 P.H. IN FAVOR:W. Maier,D. Cheney,P.E.,K. Maier. OPPOSED: — COMMUNICATION: TOWN BOARD,R.Stephen Grant,P.E.,K.Connors,LCC. Ross/Klopp to grant, with conditions, Special Exception Permit to fill/grade within 300'of the ordinary high-water mark of Koshkonong Creek. 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 July 1, 1998 with completion and certification deadline of October 15, 1998. 8).Engineering plans prepared by R. Stephen Grant, P.E., and landscape plan by Laura L. Hawkins,Landscape Architect as submitted 6/25/98. 9).Landscape planting to be in place before a certificate of completion for Special Exception Permit 2916 is issued. 10).Erosion control plan to be submitted by K. Maier and approved by the county staff. 11).No certificate of compliance for zoning permit 1997-1022 is to be issued until a certificate of completion for Special Exception Permit 2916 is issued. Finding of fact: 1).Zoning permit 1997-1022 issued 1/21/97 for new single family residence. 2).Stop work order issued 6/9/97 for filling/grading within 300' of the ordinary high-water mark of Koshkonong Creek,tree cutting,and possible work within flood zone;all without Special Exception Permit. 3).Special Exception Permit#2860 denied 12/18/97. 4).Special Exception Permit#2916 filed 2/11/98. 5).Redesign engineering plan for the rebuilding of the shoreline and landscaping plan to be submitted as per Board of Adjustment public hearing of 5/28/98. 6).As-built plan by D. Cheney,P.E.,submitted 6/25/98,shows site stabilized,in need of"rake work", some bank erosion,and from a safety standpoint meets the needs of the site,does not fulfill BOA request. 7).Kevin Connors,Dane County Land Conservation Department,memo dated 6/24/98 states"... any further land disturbing activity should not take place."