DCPZP-2009-00629 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 4 of 7 September 24,2009 in conformity with a proposed ordinance amendment currently being considered by the County Board. Provisions for control of stormwater runoff should be considered as possible conditions of approval. OPPOSED: None Motion: Long moved to approve the two variances, with Town's Condition, but withdrew his motion. Studz/Schulz moved to grant a variance of 3,800 square feet (SF) from the minimum 15,000 SF lot width required and a variance of 50 feet from the minimum 100 feet lot width at building setback line required to remove and replace an existing single-family residence on an existing, substandard, platted Shoreland lot, with two CONDITIONS: 1) A Stormwater Management Plan shall be implemented to abate runoff; and 2) There shall be no change to existing grades within five (5) feet of the side property lines, as per the Zoning Administrator's recommendation. Finding of Fact: 1. The Enzes' lot is zoned R-3 Residential and is in the Shoreland district of Lake Waubesa. It is in the Waubesa Beach subdivision, platted in 1907 before the Dane County Shoreland Ordinance was adopted in 1970. Their lot is 50 feet wide x 233 feet more or less as platted, with 11,200 square feet (SF) per an August 2009 survey. It does not meet the minimum 15,000 SF lot area required in the Shoreland district. At 50 feet more or less platted lot width at the right-of-way line of Waubesa Avenue and at the building setback line, it does not meet the required 100 feet lot width at the building setback line for the Shoreland district. 2. The Enzes' lot includes a 25 feet x 34 feet, two-story house and detached garage. The house is 52.1 feet from the Ordinary High Water Mark (OHWM), which does not meet the averaged minimum setback from the OHWM, but the house meets all other setbacks, as does the existing garage. Existing lot coverage is approximately 13%, including a concrete patio. 3. The Enzes propose to remove the existing house and garage and build a new two-story, five- bedroom house with a walk-out lower level access on the lake side and attached two-stall garage. 4. The new house would meet 5 foot minimum/15 foot total side yards for the platted 50 foot lot width, and would be 87.6 feet from the OHWM and 43.9 feet from the right-of-way of Waubesa Avenue. Lot coverage would be approximately 20%. 5. Mr. Enz described how the deteriorated condition of the existing house and garage requires removal and replacement for building code compliance, improved energy efficiency and safety. Alternatives of remodeling and/or adding to the existing house and/or garage would require the same lot width and area variances as the proposed new house. 6. The new house would be 35 feet farther from the lake than the existing house, improving the neighbors' views of the lake. Mr. Enz stated he will work with neighbors to solve potential runoff problems, will install rain gardens for infiltration, and will meet erosion control requirements. 7. Mr. Fountain explained how runoff would be controlled during and after construction, using berms and swales; he said the neighbors had been consulted and agreed with the plans. Conclusions: 1) Unnecessary Hardship: Denying the variance would unreasonably prevent the continued use of the lot for its permitted residential purpose. The variance balances restrictions of Chapter 11- Shoreland with the rights of property owners allowed under Chapter 10-Zoning. 2) Unique Limitations of the Property: No additional land is available to increase size or width of the Enzes' lot as platted in 1907, before Shoreland zoning regulation. 3) No Harm to Public Interests: Siting of the proposed house increases setbacks from the lake and from the road, improving water quality, neighbors' views, and opportunity for infiltration. The Conditions added by the Board address concerns of the Town and neighbors. Minimal relief has been sought, as no additional variances are needed. Motion carried: 5—0 with two CONDITIONS. 3. Appeal 3579. Appeal by David & Gloria Read (Sarah Manternach, Terrace Custom Builders, agent) for a variance from minimum required lot width at the building setback line for an existing