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BOARD OF ADJUSTMENT MINUTES FEBRUARY 25, 1999 PRESENT: Long, Klopp, Kay, Ross and Bitzer ALSO: Schutte, Bartlett Meeting called to order at 6:30 P.M. by Chair Kay in Room 2-F City-County Building to hold Public Hearing as published by Class II Notice. Minutes: KLOPP/BITZER to approve minutes of January 19, 1999 and January 26, 1999 as submitted. Motion carried- 5-0. FEBRUARY PUBLIC HEARING ITEMS: #3011. Appeal by Skipper Bud's for a variance from required setback from road and setback from normal high watermark as provided by Sections 10.17(2) and 11.03(2) to permit addition to existing building and construction of new building at 5442 County Highway M in the NE 1/4 SE 1/4 Section 22, Town of Westport. Kay recused himself. IN FAVOR: B. Fleck, R. Rashleger, M. Degner OPPOSED: --- COMMUNICATION: Town Board, Dane County Highway, WI DNR, A. Rude, J. von Rutenberg, J. Loock ROSS/BITZER to grant a variance of 38.5+/-feet from required setback from right-of- way to replace existing ramp, stairs, and flower boxes. Motion carried. 4-0 (Kay-abstain). ROSS/KLOPP to grant a variance of 16+/-feet for the proposed replacement of the existing service bay inside the footprint of the existing building with condition that Dane County Highway Department parking restrictions be satisfied. Motion fails 2-2 (Ross, Long—No; Kay-abstain). LONG/ROSS to deny variance of 18 feet from the required setback to the normal high water mark for boat storage warehouse. Motion carried 3-1 (Bitzer-No; Kay-abstain). Finding of Fact: 1).Applicant proposes new 125' x 256' x 40' boat storage warehouse 18' from normal high water mark to replace and expand area of existing structures. 2).Applicant proposes a 71' x 60' service bay addition, ramp, stairs, and flower boxes to existing showroom/office building. 3).Marina use is non-conforming and existed prior to right-of-way expansion. 4).Right-of-way and normal high water mark setbacks total approximately 60% of lot area. 5).Replacement of existing ramp and stairs is required by fire code and is further from right-of-way line than existing stairs on the east end of the building. 6).Dane County Highway Department doesn't oppose variance request and indicates no foreseeable intention to expand right-of-way in near future. 7).Reasonable use of the property is already being made without proposed addition and proposed boat storage warehouse. 8).Proposed traffic patterns, parking spaces, and equipment safety concerns expressed by applicant could be alleviated by smaller scale operation. 9).Wsconsin Supreme Court decision in State of Wisconsin v. Kenosha County Board of Adjustment requires that there is no reasonable use of the property in the absence of the setback. ta„ 10).Other variance appeal options are available.