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Dane County Board of Adjustment Minutes Page 8 of 11 June 25,2009 original house is 4.65 feet from the side lit line. 7. Ms. Brey explained that she originally int-nded the exit door and a larger deck to be located on the east side of the house, where there woul• be enough room without a variance, but the failure of the septic system in the rear yard eliminated this alternative, and necessitated construction of the addition before the mound system could •e installed. Also, there was no time to apply for a variance before completing the design of the addi pion. The alternative of a smaller exit stoop and stairs from the north side exit door would not meet t e minimum 10 foot side yard, either. The deck is intended to be open and uncovered, and would b= used as an accessible exit and walkway to the rear yard. Conclusions: 1) Unnecessary Hardship: The variance m-ets the minimum justification by supporting the Zoning Ordinance open-space and emergency -ccess purposes of a side yard setback, while allowing improvement of an existing permitted res dential use. 2) Unique Limitations of the Property: The nusually large mound septic and tank system prevents use of the east/rear or south/side yards for a exit deck from the new addition. The location of the house on the lot predates zoning regulations. 3) No Harm to Public Interests: The deck ill not extend closer to the side lot line than the original house, preserving the neighbor's rights. he applicant accepts the condition that the deck remain open and uncovered. The deck provide a walkway for safe and building-code-compliant exit from the new addition. The request is for mini al relief, as the house meets all other setbacks, yards and lot coverage. Motion carried: 4 —0. 6. Appeal 3571 —Special Exception Permit by Steven &Wendy Fahlgren (Scott Taylor, Taylor Conservation LLC, agent) for Special Exception Permit for an alternate cutting plan/restoration plan for shore cover in the Shoreland district, as provided by Sections 11.04(3) and 10.26(6)(b), Dane County Code of Ordinances, at 4918 Easy Street in the SE 1/4 SW 1/4, Section 36, Town of Vienna. COMMUNICATIONS: 06/18/2009 Email from Town of Vienna Clerk Robert Pulvermacher, read into the record at the direction of the Chair: Pulvermacher explained the history of the Lantern Hollow Plat from the Town's perspective, and described what he and the town knew of Fahlgren's clearing along Pine Spring Creek. He concluded that he "believe[d he could] speak for the town board, in asking that the committee seek and approve a reasonable and fair plan for restoring the creek bank." 06/11/2009 Email from Cami Peterson, WDNR Water Resources and Zoning Specialist, regarding the Restoration Plan, read into the record at the direction of the Chair: "My general comments are as follows: 1) Tree and shrub species look good (all native); 2) Establishment of floodplain forests is difficult and takes time (since we are talking about trees) which is why there is a 5-6 yr. plan. So, I think the plan should also include language about replacing trees or shrubs if necessary to maintain the proposed density. In addition, since tree and shrub establishment will take time, they should also have an understory plant list and planting plan instead of relying on natural colonization of wetland grasses and forbs. The temporary seeding of oats is just that, temporary and will only last for 1 season. Their consultant should be able to come up with a seed list of native grasses/sedges/forbs that would work well at this site." APPEAL: Approve the Alternate Cutting Plan submitted by consultant and agent Scott Taylor, of Taylor Conservation LLC, if it meets the requirements of Section 11.04 DCCO: IN FAVOR: • Steve Fahlgren, Waunakee WI, owner— Mr. Fahlgren submitted 11 color photos for the record, showing Pine Spring Creek and its banks before clearing began. • Scott Taylor, Taylor Conservation LLC, Stoughton, WI, agent ZONING ADMINISTRATOR'S COMMENT: Assistant Zoning Schutte reported that Zoning Administrator Roger Lane supported implementation of the Restoration Plan, with the improvements suggested by Cami Peterson, and with the following changes regarding the trees listed on Page 13 of the Restoration