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Dane County Board of Adjustment Minutes Page 6 of 16 September 25,2008 Maximum area of residential accessory building variance: Maximum 50% of total area (2272.6 SF) of existing SFR: 1136.3 SF Proposed total area of detached garage with proposed additions: 1640.5 SF or 72.2% VARIANCE NEEDED: 22.2% or 504.2 SF Maximum average height of residential accessory building variance: Maximum permitted average height: 12 feet Proposed average height of detached garage with second story: 16.5 feet. VARIANCE NEEDED: 4.5 feet IN FAVOR: Lloyd Bishop, Madison, WI -- owner OPPOSED: None ZONING ADMINSTRATOR'S RECOMMENDATION: Zoning Administrator Roger Lane recommended that the Bishops apply for variances for height and total area of a residential accessory building, rather than try to connect the garage on slab to the house on frost footing. He had no specific recommendation, but no objection, as reported by Assistant Zoning Administrator Schutte. Motion: Long/Reynolds to grant a variance of 22.2% or 504.2 square feet (SF) from the maximum of 50 percent (1136.3 SF) of the area of the residence and a variance of 4.5 feet from the maximum 16 feet permitted average height of a residential accessory building to allow a proposed second story addition to an existing detached garage. Finding of Fact: 1. The Bishops' lot was created by CSM from existing platted lots in 1979. Zoned R-3 Residential, it is located across Noarts Street and Waubesa Avenue from Lake Waubesa, in the Shoreland district. The lot has minimum lot width, but not minimum lot area for the Shoreland district; a 06/ 12/2008 Zoning Division Interpretation allows changes to permitted outbuildings without variances. 2. The lot includes a two-story single-family residence with no basement and a partial second floor. A 26.3 foot x 36.3 foot (954.7 SF) detached garage, built at the same time as the house in 1994, is used for vehicle storage and as a hobby workshop; it meets front, side and rear setbacks, maximum height requirements, and has a floor equal to 42% of the total floor area of the existing house (50% is the maximum permitted percentage). 3. The Bishops would like to add a second story to the garage, with upper level usable floor area of 16 feet x 26.3 feet (580.4 SF) for a hobby art studio and exercise room and a 6 foot x 17.5 foot (105 SF) second floor balcony extending toward Noarts Street. The total floor area of the proposed garage, including usable areas of both stories and balcony (1,640.5 SF) would exceed the maximum of 50% of the total floor area of the house, and the height would exceed the maximum 12 foot averaged height allowed in the Residential district. At 16.5 feet, the proposed second story of the garage would be one inch lower than the existing house. 4. Alternatives were explored, but the area has a high water table, making it difficult to expand the house or garage; the well location and corner lot setbacks add restrictions. The Bishops considered connecting the existing garage to the house, which would have eliminated the area and height variances, but would have required a rear (west) yard setback variance of 10.9 feet, and may have required a lot area variance for a substandard lot in the Shoreland district if the total additions/alterations exceeded 50% of the floor area of the existing house. The Bishops cooperated with Zoning staff by revising the plans for the detached garage to reduce the usable second floor area, reduce the overall roof height, and eliminate a proposed exterior stairway. . Conclusions: 1. Unnecessary Hardship: Unnecessarily burdensome to deny improvement of a permitted residential accessory building; best alternative allows continued reasonable use of the lot. 2. Unique Limitations of the Property: The high water table, corner lot setbacks and existing building locations limit alternatives on this lot. 3. No Harm to Public Interests: The modest proposal adds only a balcony as partially impervious surface. The variances requested minimize the amount of land disturbance. The garage addition would be no higher than the house.