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DANE COUNTY DEPARTMENT OF PLANNING&DEVELOPMENT SUPPLEMENTARY STAFF REPORT Petition 7287—Kearney Date of report: 7/23/98 This petition is essentially identical to Petition 7110,which was withdrawn earlier this year. The original staff report for Petition 7110 is attached, along with minutes from the ZNR subcommittee set up to study this issue. All of the issues and recommendations concerning Petition 7110 remain valid for the current petition,with one exception. In the previous petition,there was some discussion about the uncertain and rising lake levels of Fish Lake. Since that time,the Department of Natural Resources has conducted a field investigation and determined the ordinary highwater mark of Fish Lake to be more than two feet higher than was previously thought. This is significant because the county's shoreland zoning ordinance requires all new permanent or temporary structures, except for piers,boathouses and boat hoists,to be at least 75 feet from the ordinary highwater mark of any navigable water. Any existing structure at less than that setback would become a legal,nonconforming structure. Such structures are allowed to remain,but may not be rebuilt if more than 50%destroyed,and may not be expanded beyond 50%of their current assessed value. Given this new information, it would make sense to delay action on this petition to allow the Zoning Division time to determine whether the shoreline units of Summer Place on the Lake condominium plat are, in fact,buildable. If it is not possible to construct a building on these units in compliance with all applicable setbacks,the applicant will have three choices: 1. Apply for a variance from the Board of Adjustments. Note that the applicant would have to demonstrate, among other legal requirements,that no reasonable use could be made of the property without such a variance. 2. Reconfigure the unit lines in the condominium plat to allow for building construction in accordance with the ordinance; or 3. Permanently designate the units along the shore as nonbuildable sites to prevent the construction of any new permanent or temporary structures, other than piers,boathouses, or boat hoists.