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BOA MINUTES 3/23/00 <br /> PAGE 1 <br /> BOARD OF ADJUSTMENT <br /> MINUTES OF MARCH 23, 2000 <br /> PRESENT: Long,Klopp,Ross and Kay <br /> ALSO: Reynolds <br /> Meeting called to order at 6:32 P.M. by Chair Kay, in Room 2-F City-County Building,to hold <br /> Public Hearing as published by Class II Notice. <br /> LONG/ROSS to amend minutes of February 24,2000 to read"meeting adjourned at 6:53 P.M." <br /> LONG/ROSS to approve minutes of February 17, 2000 and February 24,2000 as amended. <br /> Motion carried 4-0. <br /> MARCH PUBLIC HEARING ITEMS: <br /> #3081. Appeal by Gregg L. DuPuis for a variance from required setback from road as provided <br /> by Section 10.17(1)to permit construction of accessory building at 866 Truman Street being Lot <br /> #35,Fahey Heights, 1"Addition Section 18,Town of Rutland. <br /> IN FAVOR: G.DuPuis OPPOSED: -- COMMUNICATION: Wi. Department of <br /> Transportation <br /> * Applicant has amended request to provide a variance of 29 feet. <br /> ROSS/LONG to grant,with condition, a variance of 29 feet,from required 42 foot minimum <br /> setback,to right-of-way line of US Highway 14 to permit accessory building to be located 13 feet <br /> from right-of-way. <br /> Condition: <br /> "The property owner,heirs and assigns waives all rights to any compensation for damages in <br /> relation to any improvements or to the remaining property should be the Department of <br /> Transportation or other governmental entity acquire property for a future highway improvement <br /> project within the 0-42 feet setback area. Compensation would be based upon the value of the <br /> property as if vacant. In return the Department grants a variance from Chapter TRANS 233, <br /> Wisc.Admin. Code allowing improvements within this setback area." <br /> Finding of Fact: <br /> 1). County Zoning Ordinance requires 42 foot setback from right-of-way while plat restriction <br /> prohibits buildings within 50 feet of right-of-way. <br /> 2). Property abuts"future"US Highway 14 right-of-way. <br /> 3). Wisconsin Department of Transportation has held the right-of-way for highway expansion for <br /> 30 years and no plan for actual construction in foreseeable future. <br /> 4). Applicant's buildable area also limited by 2 functioning septic drainfields and trees in yard. <br /> 5). Numerous other structures have been constructed on adjoining properties throughout the <br /> years. <br /> 6). Structure to be used for recreational vehicle storage and wood/metal hobby shop. <br /> Conclusion: <br /> 1). Variance preserves the zoning ordinance as much as possible without injustice to applicant. <br /> 2). Variance is not contrary to rights of others or to the public interest. <br /> Motion carried-4-0. <br /> tv <br />