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BOA MINUTES 12/17/98 PAGE 2 Colladay Point Drive being Lot #24, Colladay' s Point, Section 23, Town of Dunn. IN FAVOR: M. Skindrud OPPOSED: --- COMMUNICATION: Town Board. RLOPP/BITZER to deny requested variance from left sideyard to permit addition/structural alteration of existing residence as proposed. • Finding of fact: 1) . Applicant proposes dormer and substantial living space additions to existing 1 story residence. 2) . By testimony project will far exceed 50% of value of existing structure. 3) . Only a small corner of existing residence encroaches Into required sideyard by 1 feet or less. 4) . Adjoining property is presently a vacant lot. 5) . Applicant had obtained a zoning permit for residence in complying location, in order to commence work. Conclusion: 1) . Unnecessary hardship was not proven. Motion carried - 5-0. #3002. Appeal by Ray Genrich to Appeal the Interpretation of the Dane County Zoning Administrator as it pertains to the definition of zoning lots - Section 10. 01 (36a) of the Dane County Code of Ordinances. IN FAVOR: B. Kaufmann, R. Genrich, H. Krantz OPPOSED: J. Jones, J. Hendrick ROSS/RAY to sustain the Zoning Administrator' s Interpretation as it pertains to definition of zoning lot. Finding of fact: 1) . The Zoning Administrator has interpretated that a zoning lot does not have to coincide with a parcel of record. 2) . The current definition of zoning lot was incorporated into the Dane County Zoning Ordinance in February of 1981. Section 10.01 (36a) provides that a zoning lot is "a parcel of land under single ownership occupied by one main building and buildings and uses customarily accessory or incidental thereto, including such open spaces as are provided or are intended to be used in connection therewith or are required by the ordinance. A zoning lot may or may not coincide with a lot of record." 3) . Subject property is a 20 acre parcel divided by a road located in the Township of Cross Plains. 4) . The Office of Attorney General opinion dated January 10, 1977, states that a parcel split by a road does in fact create two legal parcels as it relates to the subdivision provisions and regulations specified in Chapter 236 of the Wisconsin State Statutes. The OAG opinion does not address the term zoning lot. 5) . Present owner sold the larger of the 2 parcels (16± acres) and there is presently a home under construction on it, without benefit of zoning change. 6) . The Zoning Administrator' s Interpretation pertains to Section 10.01 (46a) Dane County Code of Ordinance which was created to deal with issues pertaining to the Farmland Preservation Tax Credit Laws. This interpretation allows for participation in the Farmland Preservation Tax Program and its