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BOARD OF ADJUSTMENT - Minutes September 23, 1982 Page 2 #1100. Appeal by Badger Blue Print, Inc. for a variance from required side yard as provided by Section 10.13 (6) and 10.14 (6) to permit An addition to building at 810 W. Badger Road - SE 1/4 NW 1/4 - Section 35, Town of Madison. IN FAVOR: J. Gruenhagen OPPOSED: None COMMUNICATION: Letter; Madison Town Board in favor. #1101. Appeal by George and Mary Patrinos from the interpretation of the Dane County Zoning Administrator pertaining to extensive repair of a non- conforming building and evaluation of the cost of the repair as provided by Section 10.21 (1) and 10.23 (2) for a building at 3430 Quam Drive - Part Lots 21 and 22, Addition to Ole J. Quam's Park - Section 25, Town of Dunn. IN FAVOR: Attorney N. Grapsas, representing Patrinos OPPOSED: None The Board of Adjustment had subpoened as a witness Mr. James Martin an area residence. Mr. Martin testified that 1) . the old existing building had been removed except for some of the foundation posts. 2) . the build- ing was "squared off" and enlarged. 3) . approximate time was August, September, 1981. L. J. Enger, Zoning Administrator testified as to intent and interpreta- tion of the Zoning Ordinance: State Statute speaks only to trade and industry in reference to non- conforming use. Residential use cannot be construed to be a trade or industry, is not protected by statute and is, therefore, left to the discretion of the county. - Our interpretation, custom and practice has been that whenever a building is torn down it no longer exists and any re-building of a new structure must comply with use and locational requirements of the Zoning Ordinance. No case law could be found which pertains to valuation of repairs for non-conforming use buildings. Dane County Zoning Ordinance provides that the cost of alteration, restoration or repair, of a non-conforming use building, shall not during the life of the building exceed 50% of the assessed valuation of the building, such valuation being that in effect for the year in which such use became non-conforming. The use in this case became non-conforming in May of 1942. The 1942 Dunn tax assessment rolls disclose a land value of $13,500 and improvements of $2,000. Notarized statements from residents in the area verify that both of the residences were on the property at that time. Prorating the assessed valuation by square foot area of the buildings as per a 1959 survey of the property, which was done by Dave Cheney, provides the result of a value of $608.00 for the building in question. Using the 198,1 to 1942 interpolated cost of repair of $984.10 as proposed $.11, by Attorney Grapsas, the repairs do exceed 50% of the assessed value of the building.