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Dane County Board of Adjustment Minutes Page 5 of 16 , September 25,2008 Finding of Fact 1. 15,585 square feet (SF) lot was platted in 1901, has public sewer service, and is zoned R-3 Residential/Shoreland District -- Lake Waubesa. The lot has a two-story house built in 1907. According to Huber, who has owned the lot for 48 years, flooding has increased recently, affecting the lower level of the house; high June 2008 floods rendered the electrical box inaccessible. [Administrative correction 10-24-2008 KLS 2. House has two small entry porches, and a lower ("basement") level including a lakefront screened porch. A detached garage was enlarged in May 2008 under Appeal 3528, granted 5/22/2008 for minimum lot width in the Shoreland district. 3. Lot width at the ROW line is 92.48' (94 feet as platted). Required lot width at the building setback line in the Shoreland district is 100 feet; existing lot width at the building setback line (20 feet from and parallel to Willow Court and Crescent Drive rights-of-way) is 89.4 feet. 4. The lot meets minimum required lot area for the Shoreland district for a sewered lot of 15,000 SF. Total current lot coverage is 2,650 SF/17%, meeting maximum 30% lot coverage in Shoreland. 5. Wetlands are located across Crescent Drive from Huber's lot, more than the minimum 75 feet from both the house and the garage. 6. The existing house does not meet the minimum averaged setback from the Ordinary High Water Mark (OHWM) = 34.0 feet or minimum 10 foot side yards, based on the applicant's survey. 7. Owners propose to "raise the house by 3 feet on its existing footprint" by "jacking up" the structure and adding three +- courses of concrete block to the existing foundation, according to the agent. They also need to "add access to first floor," by reconstructing two existing access stairways. Al- though there will be no enlargement of the existing footprint, additions and alterations total more than 50% of the total floor area of the existing structure, so lot width/area variances are required. 8. Total value of the alterations is less than 50% of the assessed value of the house, so the Zoning Administrator does not require compliance with all Floodzone requirements. Nevertheless, the basement/lakefront porch "finished floor" will be raised two (2)+-feet, and the lake-front concrete "pad"/seawall will be raised one foot+-, both above the 100-Year Floodplain elevation. 9. The agent stated that existing trees on the lake side and road side of the house will be protected during the proposed house raising, backfilling and regrading. There will be no additional impermeable surface area or added runoff. The house is on a ridge close to the lake, so most existing runoff flows toward the road and Wetlands. In response to a Board member's question, Huber agreed that the roof runoff from gutters could be directed toward the road. Conclusions: 1. Unnecessary Hardship: It would be unnecessarily burdensome to deny improvements required to maintain usefulness and safety of a long-standing, permitted residential use. 2. Unique Limitations of the Property: Topography of property and many mature trees, including lakefront tree overhanging the water, are unique to this lot. 3. No Harm to Public Interests: The project as described will improve drainage, protecting the lake more than the existing conditions. The alternative of increasing the setback from the OHWM would create more disturbance of the Shoreland. Although multiple variances are required, there is no proposed increase of the size of the house. Motion carried: 4—0 by a roll call vote. (Hamre had left the meeting.) 4. Appeal 3542. Appeal by Lloyd & Carolyn Bishop for variances from maximum allowable size and height for a residential accessory building as provided by Sections 10.04(1) and 10.06(3), Dane County Code of Ordinances, to permit proposed second story addition to existing detached garage at 2779 Waubesa Avenue being Lot 2, CSM 3624 in the SE 1/4 NW 1/4 Section 8, Town of Dunn. COMMUNICATIONS: 08/13/2008 Town of Dunn Acknowledgement; 09/16/2008 Dunn Town Board "recommends approval...The neighbors provided a letter of support. No objections were received." VARIANCES REQUESTED: Purpose: Allow proposed second story addition to existing detached garage.