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BOA MINUTES 12/17/98 <br /> PAGE 8 <br /> 4) . The structure was in existance when Dane County' s shoreline <br /> and Flood Plain Ordinances were enacted in 1970, and therefore <br /> is a lawful non-conforming structure. <br /> 5) . In January 1998, a water pipe broke and <br /> repairs/modifications, both structural and non-structural, <br /> within the existing footprint, began without necessary zoning <br /> permits. <br /> 6) . Structure is located 20 feet from normal high water mark, <br /> where as, the required setback distance is 75 feet to normal <br /> high water mark. <br /> Conclusion: <br /> Appeal by Zoning Administrator' s denial of permit: to find that <br /> ss 17.51 (2) (d) does apply, that the repair/modification of <br />• structure does not exceed 50% of present assessed value and that <br /> The Zoning Administrator cannot refuse a zoning permit based on <br /> ss 17.52. <br /> VARIANCE: 1) . Variance preserves the zoning ordinance as much <br /> as possible without injustice to applicant. 2) . Variance is <br /> not contrary to rights of others or to the public interest. <br /> LONG/KLOPP to adjourn. Motion carried - 4-0. <br /> Meeting adjourned at 12:45 A.M. <br /> 1 <br /> Steven H. Reynolds, <br /> Recording secretary <br /> Received <br /> DEC 30 1998 <br /> MINUTES WERE FILED WITH DANE COUNTY CLERK' S OFFICE ON <br /> Ott HI( <br />