CALLED TO ORDER 5:30 pm

PRESENT: Amy Zott, Bill Goulding, Edna Miller and Ron Patla. Absent: Bill Fell and Dan Snyder. Excused: None.

MOTION: The minutes of August 21, 2007 were approved on a motion by Ron Patla, seconded by Edna Miller.

CITIZEN COMMENTS: None.

APPEAL: By Matthew J. and Sally L. Nie regarding the property located at 932 Weiler Road for a variance from Section 315-51 A of the zoning ordinance, which states in part that residential fences are permitted in residential districts but shall not in any case exceed a height of three feet in the street yard. The owner is requesting a one-foot variance to allow for a four-foot tall fence in the street yard.

Appearing in favor of the variance request was Matthew J. and Sally L. Nie 932 Weiler Road, Burlington. No one appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was not opposed to nor in favor of granting the variance.

DISCUSSION: The owners want to operate a family day-care home as permitted by zoning ordinance 315-17A(3) and in order to safely conduct in home day care a permanent enclosure not less than 4 feet high shall be provided where there are hazards nearby, including traffic, or bodies of water, which present a threat to the safety of children in care ( Wisc. Adm. Code 45.06(7)(a)6.a). It was noted that the property had irregular and slopping topography and because of this play equipment had been located in to the street yard. Also noted was that the backyard of the property slopes down to the Bay Ridge Estates Pond and that the street yard was a full one-foot lower than the street.

RULING: As it was a clear that this is a economic and self-imposed hardship and therefore not grounds for granting a variance and there is a preservation of property rights as possessed by other properties in the same district. A motion by Bill Goulding to grant the variance due to safety issues, the uniqueness of the property and the need for home day care as indicated by the addition the family day-care ordinance [Added 10-1-1991] died for want of a second therefore, the variance request was denied.

Other Matters: The above was a continuation of the September 18, 2007 meeting that was adjourned as there was not a quorum present.

ADJOURNMENT: On a motion by Amy Zott, seconded by Edna Miller, the meeting was adjourned at 6:20 pm on Tuesday October 16, 2007