DCPZP-2009-00629 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes DRAFT Page 3 of 7 September 24,2009 existing house, and why plans for only one of the two "separated" lots were included in the variance appeal. Riemen said he and the buyer of Lot 24 propose to remove the house on the two lots. 7. Riemen proposes to use Lot 25 to build a new 2-story, 4-bedroom house with walk-out lower level access on the lake side and a three-stall attached garage, meeting all setbacks and maximum 30% lot coverage (29% proposed). 8. The Zoning Administrator and several neighbors spoke or registered in opposition, as described under REGISTRATIONS, above. 9. Some of the Board members present discussed the characterization by a registrant of the Board's action on Appeal 3437, clarifying the Board's action: Both Chapter 10 Zoning and Chapter 11 Shoreland regulations are equally important and must be balanced; Chapter 11 does not "trump" Chapter 10. 10. Riemen was offered an opportunity for rebuttal. He stated it was not his intent to mislead the Board or the neighborhood, and that contract negotiations could not be expected to be transparent to neighbors or to be revealed at the time of the variance application. Conclusions: 1) Unnecessary Hardship: The hardship was self-imposed, since the Agent contracted to buy a buildable two-lot parcel, then assigned one lot to another owner. 2) Unique Limitations of the Property: There were no unique limitations, since the two-lot parcel must be considered as a whole. The two-lot parcel meets the lot area and width requirements of the Shoreland district. 3) No Harm to Public Interests: Increased runoff and density in the Shoreland district caused by the proposal to build on Lot 25 would be harmful to the public interest. The Town, the WDNR, and the Zoning Administrator all presented reasonable arguments recommending denial. Motion carried: 5—0 to Deny. 2. Appeal 3578. Appeal by Daniel & Louisa Enz for variances from minimum required lot area and minimum required lot width at the building setback line for an existing substandard platted lot in the Shoreland District as provided by Sections 11.03(1) and 10.05(4), Dane County Code of Ordinances, to permit removal and replacement of single-family residence at 3012 Waubesa Avenue, being Lot 10, Block 1, Waubesa Beach, Section 05, Town of Dunn. COMMUNICATIONS: 08/25/2009 Town of Dunn Acknowledgment; 09/22/2009 Town of Dunn Action: Approval "conditioned upon providing an erosion control plan," with two neighbors expressing "concerns about stormwater. The Enzes propose to mitigate stormwater impacts from the increased impervious surface area with measures that may include a rain garden." VARIANCES REQUESTED: Purpose: Remove and replace existing single-family residence on an existing, substandard, platted Shoreland lot. Lot Area Variance: Minimum lot area required: 15,000 square feet (SF) Actual lot area: 11,200 SF VARIANCE NEEDED: 3,800 SF Lot Width Variance Minimum lot width at building setback line required: 100 feet Actual lot width: 50 more or less at building setback line VARIANCE NEEDED: 50 feet IN FAVOR: Louisa & Dan Enz, 3012 Waubesa Avenue, Madison, WI, owners Mike Fountain, House Doctors, W8024 Morse Road, Poynette, WI, contractor ZONING ADMINISTRATOR'S COMMENTS: Zoning Administrator Roger Lane said the proposal meets hardship guidelines, as well as Chapter 10-Zoning and Chapter 11-Shoreland requirements. He expressed concern about stormwater runoff, since the proposed garage elevation is above the road elevation; any new retaining walls should be a minimum of five (5) feet from side property lines,