DCPZP-2009-00272 - Laserfiche WebLink

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• ' Dane County Board of Adjustment Minutes Page 4 of 7 February 26,2009 Motion: Hamre/Reynolds to grant all variances requested to allow additions and alterations to the existing residence on a substandard platted Shoreland lot: Lot area variance of 2,643 SF from minimum 15,000 SF lot area required; Lot width variance of 52 more or less feet from minimum 100 feet lot width at building setback line required; Side yard variance of 0.5 feet from minimum 5 feet south side yard required; Averaged setback from Ordinary High Water Mark variance of 0.35 feet (not including deck, which will not change) from 57.85 feet minimum averaged setback from OHWM required, as per survey submitted by Lubys; and to grant: Setback from road variance of 10 feet from minimum 30 feet setback from right-of-way required to allow removal and replacement of detached garage, with Condition of Town of Pleasant Springs approval before any Zoning Permit may be issued. Finding of Fact: 1. The Lubys existing substandard Shoreland lot in Williams Point Subdivision was platted in 1950. It includes their house (built in 1969 with additions in 1971, 1975 and 1991), a 20.2 foot x 36.1 foot detached garage, and a boathouse (built in 2006). It is zoned R-3 Residential and is located in the Shoreland district of Lake Kegonsa. Schutte noted that surveyor's verification of as-built construction was not required for Zoning Permits before the mid 1990s. 2. Architect Patricia Micetic has worked with AZA Schutte since August 2008 on proposals to add a master bedroom suite and entry and make structural changes and improvements to the first floor of the Luby house. The plans also show expansion of the second floor from 3 small bedrooms and a half bath to 3 larger bedrooms, two small baths, a game room and deck. The Lubys also wish to remove and replace the detached garage. Micetic explained that the house needs structural repairs, new windows and a new roof, so the owners hope to accomplish all improvements in one project. 3. Zoning Administrator Roger Lane and AZA Schutte determined that more than 50% of the existing house will be added to and/or altered, so variances from required lot width and area in the Shoreland district are needed. 4. The existing house, at 4.5 feet from the south lot line, does not meet the minimum 5 foot side yard. The proposed first floor addition on the road side of the existing house would meet the minimum 5 foot south side yard. The proposed second story alterations would "match"the nonconforming 4.5 foot setback at the southeast corner of the existing house, but would not meet the minimum required 5 foot side yard. Micetic explained that structural concerns dictated the design of the proposed southeast corner of the second story expansion to avoid roof leaks, and that there would be no living space in the encroaching half foot of roof. 5. For the most part, the second story expansion would extend directly above the existing first floor footprint, except for structural changes necessary for first floor rebuilding (screened porch and lakefront wall) under the second story at the southwest corner of the house. The small sliver added would not extend closer to the shoreline than the closest part of the existing house, due to the irregular shoreline. 6. The house with proposed improvements would meet minimum 5 foot north side yard, minimum 30 foot setback from road, and maximum height. • The existing deteriorating garage is 728.2 square feet (SF) and is 15.8 feet from the Williams Point Drive right-of-way (ROW) at its closest point. AZA Schutte's research showed it was built in 1969, with an addition that was granted variances in 1975 to allow it to be built 8 feet from the road right- of-way, although the current survey shows it was not built that close. At 640 SF, the proposed garage would be smaller and would be 20 feet from the road ROW, in line with neighboring garages. The owners originally proposed a garage with average height greater than 12 feet to accommodate boat storage, but Micetic revised the plans to meet maximum permitted height. Both existing and proposed garages meet the minimum required side 2.5 feet required side yard. 7. The setback from ROW along this section of Williams Point Drive has been classified in different ways for different permits and purposes in this neighborhood, according to AZA Schutte's research. The Zoning Administrator has determined that a 30 foot setback from right-of-way is