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Board of Adjustment Minutes-Final Unless Amended March 26,2015 <br /> by Committee <br /> 2. 2014 Appeal 3667. Appeal by Wisconsin Department of Natural Resources,(Jim <br /> BOA-014 Welsh,Natural Heritage Land Trust,agent)requesting relief from 11.03(2) <br /> (a)(1)required setback from the ordinary high water mark to allow for the <br /> construction of a wildlife viewing platform at Patrick Marsh being a portion <br /> of land locate in the SE '/4 of the SE '/4, Section 33,Town of Bristol. <br /> Attachments: Appeal 3667 application.pdf <br /> Appeal 3667 application plans.pdf <br /> Appeal 3667 staff report.pdf <br /> Appeal 3667 rendering.pdf <br /> Assistant Zoning Administrator(AZA)Hilbert presented a Staff Report reporting facts of <br /> the case. <br /> IN FAVOR: Jim Welsh(agent)spoke in favor of the request. <br /> ZONING ADMINISTRATOR'S COMMENTS: Hilbert relayed the Zoning Administrator <br /> felt that this request was inline with the purposes stated in DCCO Chapter 11 and <br /> having the viewing platform would offer protection to the sensitive environmental area. <br /> The Zoning Administrator also supported treating this as a structure as opposed to a <br /> minor structure. <br /> OPPOSED: (None. The Chair stated no rebuttal was needed.] <br /> Finding of Fact: <br /> Existing: <br /> •320 acre conservancy(Patrick Marsh)owned by the Wisconsin Department of Natural <br /> Resources in conjunction with the Natural Heritage Land Trust. <br /> Proposed: <br /> •Construction of a wildlife viewing platform within the required setback to a navigable <br /> body of water. <br /> Zoning Notes: <br /> •Chapter 11 Shoreland regulations require a 75 foot setback to any structure from a <br /> navigable body of water. <br /> History. <br /> •No zoning history or violations were found on the parcel. <br /> Setback from OHWM Variance: To allow the construction of a wildlife viewing platform <br /> Minimum setback from OHWM required:75 feet. <br /> Proposed Setback:37 feet. <br /> VARIANCE NEEDED:38 feet. <br /> COMMUNICATIONS: <br /> •Town of Bristol 02/12/2015 acknowledgement and action of the Town Board in support <br /> of the variance request. <br /> •Wisconsin Department of Natural Resources: 02/05/2015 Endorsement of variance <br /> request. <br /> Conclusions: <br /> 1)Unnecessary Hardship:To not allow a positive use of a wildlife conservancy as an <br /> area to allow the general public to have the ability to view wildlife while protecting <br /> sensitive environmental areas would be unnecessarily burdensome and contrary to the <br /> Dane County Page 4 Printed on 3/31/2015 <br />