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BOA Minutes/11/16/89 Page 2 S. Rowley OPPOSED: --- COMMUNICATION: Town Board #1925. Appeal by Robin L. Roberts for a special exception permit as provided by Section 11.05(3) to permit filling, grading, etc. , within 300 feet of Yahara River/Oak Springs Pond at 7025 CTH CV being Lot #132, Oak Springs 4th Addition - Section 19, Town of Windsor. R. Roberts OPPOSED: --- COMMUNICATION: Town Board, County Highway. Board rendered following decisions: #1918. Quackenbush/Jones to grant with conditions variance of 2.5 feet from required setback to normal high watermark also 2.5 feet variance from required left sideyard to permit boathouse construction. CONDITIONS: 1) . Structure is not to exceed limits of existing concrete pad. 2) . That there shall be no earth or retaining wall disturbance - violation shall void variance. FINDING OF FACT: 1) . 8' x 17' boathouse is minimal size for small boat and accessory items. 2) . Site is at foot of steep slope and chairlift limits buildable area. CONCLUSION: 1) . Variance is not contrary to rights of others or to the public interest. (111, Motion carried - 3-0. #1919. Quackenbush/Jones to grant variance of 80 square feet from minimum required lot area to permit property rezone. FINDING OF FACT: 1) . Lot is pre-existing and presently commercially zoned which does not have a minimum lot size. 2) . Applicant wishes financing and lenders are unwilling to finance non-conforming residence in commercial district. 3) . Property is in an area of both commercial and residential uses. 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 - 3-0. #1920. Quackenbush/Harvey to grant, with conditions, special exception permit for drainage ditch as proposed. CONDITIONS: 1) . As per plans submitted. 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 Ordinance. 3) . That there be filed with the Zoning Department a certificate of compliance by a licensed engineer at the completion of the project. filor FINDING OF FACT: 1) . Plans and specifications submitted by Town and Country Engineers. 2) . Project will drain storm water generated from Village of Mazomanie.