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Dane County Board of Adjustment Minutes Page 7 of 11 June 25.2009 5. Appeal 3570 by Elizabeth Brey & Kenneth Kyburz for a variance from minimum side yard as provided by Section 10.07(7), Dane County Code of Ordinances, to permit deck addition to existing single-family residence at 3608 Holly Ridge Lane (also known as McVicter Street), being Lots 25, 24 and South 1/2 of Lot 23, Block 2, Archibald Armstrong's Plat of London, Section 25, Town of Deerfield. COMMUNICATIONS: 05/04/2009 Town of Deerfield Acknowledgment, signed by Town Chair, one Town Supervisor and two Town Planning Commission members. 05/11/2009 Minutes of the Deerfield Town Board Meeting were submitted to the Board by Ms. Brey: The Town Board voted unanimously "to approve the deck." 05/14/2009 Email from Sanitarian Jim Meyerhofer, City/County Health Department, re: proposed deck at 3608 Holly Ridge Lane: "[A] proposed deck site plan was submitted to me. I don't have a problem with it as long as it does not extend east of the addition toward the mound system." VARIANCE REQUESTED: Purpose: Permit deck addition to existing single-family residence Side Yard Variance: Minimum required north side yard setback: 10 feet. Proposed setback from north lot line: 4.23 feet (using closest part of existing north house wall). VARIANCE NEEDED: 5.77 feet. IN FAVOR: Elizabeth Brey, Cambridge, WI,,owner ZONING ADMINISTRATOR'S COMMENT: Assistant Zoning Schutte reported that Zoning Administrator Roger Lane had no objection to this appeal, but recommended that if the neighbor had objections or concerns, the deck should remain open and uncovered. OPPOSED: None Motion: Long/Schulz to grant variance of 5.77 feet from the minimum required 10 feet north side yard to permit deck/walkway as proposed, WITH CONDITION that the deck remain open to the sky. Finding of Fact: 1. Two and one-half R-3 Residential-zoned lots in Archibald Armstrong's Plat of the unincorporated hamlet of London (recorded in 1882) have 63.18 feet (62.5 feet as platted) of frontage on Holly Ridge Lane and 7,373 square feet (SF) of lot area (7,219 SF as platted). There is no Shoreland, Wetland or Floodplain in the vicinity. 2. The property includes a two-story house facing Holly Ridge Lane to the east. A detached garage is accessed by a 16.5-foot-wide dedicated Alley right-of-way along the east lot line. 3. In September 2007: a. A Zoning Permit was issued for a 1,056 square foot, 2-story addition to the house; b. A Deed Restriction combining the 2-1/2 lots for zoning purposes was required, and was recorded; c. A new mound septic system was needed because the existing system failed. It was installed in the rear yard, with septic tank and pumping chambers located on the south side of the house, west of the detached garage. d. The 22 foot x 24 foot addition at the rear of the house replaced part of the existing house. No verification survey was required, although the addition was 11 more or less feet from the north property line. 4. Because the new septic field is located east of the house, occupying most of the rear yard, an exit door from the new addition was located on the north side of the house, instead of on the east or rear yard side. The owners wish to construct a 6.5 foot x 22 foot deck, including steps, along the north side of the addition, using the sliding door exit on that side. The deck would not extend beyond the north wall of the original house, or the east wall of the 2007 addition. but does not meet the minimum 10 foot north side yard requirement. 5. The proposal would meet all other setbacks and restrictions, including the maximum lot coverage of 35%; with the deck, lot coverage would be 29.8%. 6. The north wall of the existing house is not exactly parallel to the north or side lot line: The northwest corner is 4.23 feet from the side lot line, as shown on a 2007 survey; the northeast corner of the