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BOA MINUTES 12/21/89 Page 4 CONDITIONS: 1) . That plans and specifications be prepared by a licensed 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 approved engineering standards and all applicable governmental rules and regulations particularly Section 11.05(4) of Dane County Code of Ordinance. 3) . That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. 4) . Permit valid for 1 year from issuance. FINDING OF FACT: 1) . Project is within existing D.N.R. right-of-way of Glacier Drumlin Bike Trail. 2) . Engineering will be provided by D.N.R. 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 - 3-0. #1930. Harvey/Jones to hold rear yard variance in abeyance until April Hearing to allow applicant to pursue rezone and to grant variance of 2.1 more or less feet from required setback from road to permit residential garage as constructed. FINDING OF FACT: 1) . Owner errored in building stake-on. 2) . Rezone would remove rear yard encroachment. 3) . Similar variance granted for similar situation. 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 - 2-1 - Kruschke, no. #1931. Jones/Harvey to hold in abeyance, abeyance not beyond February Hearing, pending D.N.R. and Army Corps permits. Motion carried - 3-0. #1932. Harvey/Jones to hold in abeyance, abeyance not beyond February hearing, pending D.N.R. and Army Corps permits. Motion carried - 3-0. #1933. Jones/Harvey to deny variance from required setback to normal high watermark to permit accessory building as constructed. FINDING OF FACT: 1) . Structure was erected after permit in this location was denied. 2) . Recently completed certified survey map failed to show E. Branch Badger Mill Creek.