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• iv Dane County Board of Adjustment Minutes Page 6 of 8 April 23,2009 Motion: Reynolds/Studz to grant variances of 41.1 feet at Pad #1 and 66.9 feet at Pad #2 from the maximum permitted elevation of 1015 feet Above Mean Sea Level in the Dane County Regional Airport Height Limitation Zone to allow a temporary construction crane to be placed at two locations during the American Family Insurance renovation project involving brick refacing, as proposed, with two (2) CONDITIONS: 1) FAA Determination of No Hazard to Air Navigation; and 2) Compliance with any and all conditions imposed by Dane County Regional Airport Director of Operations/Public Safety John Robinson after he receives the FAA determination letter. Finding of Fact: 1) A brick refacing project on the American Family Insurance campus in the City of Madison was begun in 2008 by the contractor, J.P. Cullen and Sons ["Cullen"]. The 2008 project for Building B required a construction crane, but did not require a variance. At that time, the maximum height in the AHLZ was 1030 feet AMSL. 2) Cullen began work on the next phase of the project for Building A in March 2009. They erected a construction crane that exceeded the height of the building, believing that the conditions in regard to the AHLZ had not changed. However, Dane County adopted a new AHLZ map in October 2008. The new maximum AHLZ elevation in the location of the proposed crane was now 1015, or 15 feet lower, and the 105 foot tall proposed crane (originally shown at 1030 high) now exceeded the maximum height, necessitating a variance. 3) In March 2009, the FAA and WDOT Bureau of Aeronautics approved a 105 foot tall crane at a pad elevation of 925 feet AMSL, or 1030 ft AMSL overall. After Cullen applied for the variance, zoning staff review of the two proposed pad locations for the construction crane revealed that the pads would be at 951 and 976 feet AMSL, not 925 feet AMSL. Cullen was required to reapply to the WDOT and FAA for the increased craned heights. 4) In March, 2009, Cullen continued work on the project under the auspices of a temporary agreement with the DC Regional Airport Director of Operations/Public Safety, who issued conditions including a restriction to stay beneath the height of the American Family building with a shorter came until a variance appeal could be heard. 5) The Airport Director of Operations/Public Safety cannot comment on Conditions for operation of the proposed cranes at heights of 1056 feet AMSL at Pad #1 and 1082 feet AMSL at Pad #2 until FAA determination of No Hazard to Air Navigation is issued to Cullen. 6) Jordan and Christensen explained that the two proposed crane locations with increased heights are necessary to safely reach over crosswalks to the courtyard of Building A without hazard to American Family employees and visitors or Cullen workers. The proposed crane would not be in continuous operation, and would be used only during the day. He stated Cullen is willing to comply with all conditions of the Airport, the FAA and the WDOT Bureau of Aeronautics. The project would end in November 2009. Conclusions: 1) Unnecessary Hardship: Compliance with Ordinance requirements would be unnecessarily burdensome for a use permitted in the City of Madison, subject to the Airport Conditions. 2) Unique Limitations of the Property: The property is located in the Dane County Regional Airport Height Limitation Zone. 3) No Harm to Public Interests: The applicant is willing to abide by all Conditions of the Dane County Regional Airport after the FAA determination of No Hazard to Air Navigation has been issued. The use of the crane increases the safety of the project. Motion carried: 5—0 by roll call vote: Schulz—Yes; Studz—Yes; Hamre—Yes; Long —Yes; Reynolds—Yes. IV. APPEALS FROM PREVIOUS HEARINGS 1. Appeal 3506 from the November 15, 2007 Public Hearing: REQUEST FOR EXTENSION OF ONE- YEAR DEADLINE FOR ZONING PERMIT: