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BOA MINUTES 12/17/98 PAGE 7 1) . Applicant is in process of razing old residence and proposes to construct new home. 2) . Property has water on 2 sides, Lake Waubesa and drainageway which leads from wetlands and drains into lake. 3) . Maintaining the 56 foot setback from Lake Waubesa keeps proposed residence in line or conistant with neighboring properties. 4) . Proposed residence is modestly sized at 1400 square feet. Conclusion: 1) . Variance is not contrary to rights of others or to the public interest. 2) . Variance preserves the zoning ordinance as much as possible without injustice to applicant. Motion carried - 5-0. #2995. Schwoerer - Dunkirk - 11/19/98 Public Hearing. ROSS/KLOPP to hold appeal in abeyance as requested by applicant, abeyance not beyond February Hearing. Motion carried - 5-0. #2981. Vacek - Albion - 9/24/98 Public Hearing. KLOPP/BITZER to hold appeal in abeyance until January 1999 Hearing upon request of applicant. Motion carried - 5-0. #2998. Zumm - Mazomanie - 11/19/98 Public Hearing. #2999. Zumm - Mazomanie - 11/19/98 Public Hearing. *As long as the 2 appeals are relating to the same property the Board will combine testimony and discussion to expedite the process. IN FAVOR: A Arntsen, T. Zumm ROSS/KLOPP to deem the present equalized valuation of the residence to be $43, 837 for the purposes of utilizing the 50% rule. Motion carried - 3-1 (Long - no) . (Bitzer - abstain) . ROSS/KLOPP to deem a value of $19, 822.32 which represents the value of improvements; materials and labor (excluding windows and doors. ) Motion carried 4-0. (Bitzer - absent) ROSS/KLOPP to reverse the decision of the Dane County Zoning Administrator on the issue of the Boards jurisdiction to grant a variance and find that the applicable section of the Ordinance 17.51 (2) (d) does apply. Motion carried - 3-1. (Long - no) . Also, KLOPP/ROSS to grant a variance of 55± feet from required setback to normal highwater mark Of Wisconsin River to allow repair/modification to existing non-conforming structure as proposed. Motion carried - 4-0. Finding of fact: 1) . The applicant had purchased a cottage on the Wisconsin River, located entirely within the floodway zone. 2) . Applicant had commenced repair/improvement of non- conforming structure within a floodway, to which Zoning Administrator has issued a "stop work order". 3) . The Zoning Administrator' s interpretation relies on 17.52 Dane County Code of Ordinance, which prohibits any modification tow or addition to a structure for human habitation in a floodway area.