DCPZP-2015-00947 - Laserfiche WebLink

Home Browse Search

Board of Adjustment Minutes November 19,2015 1. Appeal 3672. Appeal by Timothy & Karen Klongland for a variance from minimum required setback from a Class E Highway as provided by Section 10.17(5)(b), Dane County Code of Ordinances, to permit proposed storage building on an existing foundation at 1042 Taylor Ln being Lot 1 CSM 3373, in the NW 1/4 of the NE 1/4, Section 17, Town of Dunkirk. Assistant Zoning Administrator(AZA)Hilbert presented a Staff Report reporting facts of the case. IN FAVOR: Tim&Karen Klongland, owners, spoke in favor of the variance request. Damon Diehl, 1062 Taylor Ln, neighbor, spoke in favor of the appeal. Robert Kluge, 1012 Gilrust Ave, neighbor, asked questions about the appeal and stated no objection to the appeal. ZONING ADMINISTRATOR'S COMMENTS: The Zoning Administrator had no comment on this appeal. OPPOSED: [None. The Chair stated no rebuttal was needed.] Motion: Long/Studz to grant variance of 14 feet from the required setback from the right-of-way line of Westchester Circle to allow for the construction of a residential accessory building on an existing concrete slab. Finding of Fact: Existing: • Property is used as the primary residence for the owners and contains a concrete slab in the location of a former tobacco shed. • Septic drain field located south of house. • Well located between house and concrete slab, and has a well easement to property to the south. Proposed • Owners are proposing to construct a new cold storage building within the footprint of the existing concrete slab, but smaller than the previous building so as to be more conforming with zoning requirements. Zoning Notes: • Required front setbacks from both Westchester Cir and Gilnist Ave is 30 feet. • Proposed building conforms to all zoning requirements except setback to Westchester Cir. History • Permit 33577 issued in 1981 for residence, tobacco shed existed at that time. • Violation History: No violation history found. COMMUNICATIONS: Town of Dunkirk:Acknowledgement recommendation of approval 09/14/2015. Conclusions: 1) Unnecessary Hardship: The owners have previously had use of this space on their property for a storage building that predated the subdivision. By removing the unsafe tobacco shed, and with a variance, the new structure will bring the property further into compliance with required setback and still allow a reasonable use of the property. 2) Unique Limitations of the Property: The existing concrete slab predates the surrounding development, and occupies a majority of the developable land on the parcel. Other areas of the property are occupied by the septic system, well, and well Dane County Page 2 Printed on 11/23/2015