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p&p u2- Zmfo - ©zirZ3 Dane County Board of Adjustment Minutes Page 4 of 10 July 22,2010 f,i (r 2. Compliance with all conditions of FAA Determination of No Hazard to Air Navigation 2010- AGL-2611-OE, issued 05/18/2010. Finding of Fact: 1. COMMUNICATIONS: 05/18/2010 FAA Determination of No Hazard to Air Navigation for Temporary Structure # 2010- AGL-2611-0E issued for Crane at MATC Truax with Conditions. 05/20/2010 from City of Madison Deputy City Clerk T. Adam Gallagher: Acknowledgment letter. 05/26/2010, 06/04/2010 from Fred Brechlin, Architect/Professional Services Manager, Dept. of Facilities Services at MATC, regarding elevation of the rooftop unit to be installed. 07/21/2010 from Airport Counsel Rodney Knight with (8) Conditions for use of temporary crane. 2. AHLZ authority in all Dane County municipalities within approximately three (3) miles of the Dane County Regional Airport, including the City of Madison, is granted to the Dane County Zoning Division under Chapter 78, Dane County Code of Ordinances (DCCO). 3. MATC proposes to install a back-up cooling unit serving data centers for all its campuses on the roof of its tallest, three-story building. The new air handling unit will be at least 10 feet lower than nearby existing structures, according to Mr. Brechlin. Building height is 912 feet AMSL. The rooftop unit, as installed, would be 919 feet AMSL, and would not need a variance. 4. The MATC Truax campus is located in part of the AHLZ where maximum permitted height is 922 feet AMSL. Appeal 3467 granted a variance of 59 feet with Airport Conditions for a temporary construction crane needed for a three-story addition to an MATC building in 2007. 5. A 290 foot tall temporary construction crane is needed to install the heavy rooftop unit. The crane must be raised to a maximum of 1152 feet AMSL, exceeding the AHLZ maximum elevation by 230 feet. The crane would be need for one four-hour period on one day only, within three weeks of variance approval --weather permitting -- according to Duffy. No street closures would be needed. 6. The FAA has issued a Determination of No Hazard to Air Navigation for the temporary crane, subject to standard conditions. The crane would be located about 4000 feet east of the DC Airport runway, according to the FAA Study. 7. Although there were no communications from the City of Madison Planning or Building Inspection Departments about the use of this crane, installation of the rooftop unit may require City Building Permits, but a City permit is not required for temporary construction crane use on private property. 8. Duffy stressed the negative impact on college operations if the cooling unit for the data center was not operational. 9. In response to Board members' questions, AZA Schutte confirmed that an Ordinance Amendment, removing variances for temporary structures from the Board of Adjustment's charge, is pending Conclusions: 1) Unnecessary Hardship: The variance is necessary for continued operations at the MATC campus. It would be unreasonable to deny or delay replacement of the air handling unit. 2) Unique Limitations of the Property: The location of the MATC Campus in relation to the Dane County Regional Airport makes the variance for a temporary crane necessary. A pending ordinance change would remove this action from the Board of Adjustment's jurisdiction. 3) No Harm to Public Interests: Including the Conditions of the Airport and FM for the temporary construction crane promotes maximum public safety and minimizes hazards to aviation. The temporary crane would be needed for only four hours, and is on school property, causing no disruption to the general public. Motion carried: 5 —0. 3. Appeal 3601 by Shawn & Sara Mullen (Tom & Nancy Mistele, agents) for a variance from minimum required lot width at the building setback line for an existing substandard Shoreland District lot, as provided by Sections 11.03(1), and 10.05(4), Dane County Code of Ordinances, to permit a -- - new single-family residence located North of 4839 Morris Court, being Lot 2, CSM 10962 in the SW 1/4 SW 1/4, Section 33, Town of Westport. Assistant Zoning Administrator (AZA) Schutte presented a staff report.