DCPZP-2009-00273 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 5 of 7 February 26,2009 required. Micetic explained that the requested variance would reduce land-disturbing construction activities and driveway paving. 8. Current lot coverage is 25.7%; proposed lot coverage is 29.96%, less than the maximum permitted 30%. An existing deck on the lake side would not be changed. 9. Micetic told the Board that the Pleasant Springs Plan Commission meeting at which this variance would be considered was scheduled on March 11, 2009 and the Town Board meeting would be March 17, 2009. She explained that the garage construction was planned immediately, while the house remodeling is planned for this fall. Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent improvements based on the footprint of the existing home to allow continued residential use of this property. Granting the variances balances the rights of the property owner with the purposes of Shoreland zoning. 2) Unique Limitations of the Property: Zoning permit records for the residence and garage reveal existing nonconformities, differing past interpretations of Zoning Ordinance regulations and varying levels of enforcement in the past for this challenging lot. 3) No Harm to Public Interests: Even with multiple variances, the proposal achieves more compliance and minimizes need for relief. The setback from road right-of-way would be increased. Motion carried, with Condition: 5— 0. Chair Schulz told Micetic that she would be allowed to return for reconsideration if the Town of Pleasant Springs does not approve the variance. IV. APPEALS FROM PREVIOUS HEARINGS 1. Appeal 3519. From the 02-28-2008 Public Hearing: REQUEST FOR EXTENSION OF ONE- YEAR DEADLINE FOR ZONING PERMIT: Appeal by James Borling (Chris Neumann, Shaw Building & Design, Inc., agent) for variances from minimum required setback from a delineated Wetlands boundary and minimum required side yard as provided by Sections 11.06(5), 10.123(7) and 10.05(7), Dane County Code of Ordinances, to permit proposed construction of new single-family residence south of 2043 River Estates Lane in the SE 1/4 NE 1/4 Section 29, Town of Pleasant Springs. COMMUNICATIONS: 01/30/2009— Letter from Jim Borling requesting one-year extension of deadline for zoning permit for proposed new house. IN FAVOR: None OPPOSED: None ZONING ADMINSTRATOR'S RECOMMENDATION: None. Finding of Fact: 1. Borling's property is zoned A-1 EX Agriculture Exclusive (non-conforming parcel size, residential use only); also part Shoreland, Floodplain and Wetland. Board action at the 02-28-2008 meeting: Motion: Reynolds/Studz to grant variance of 25 feet from the minimum 75 foot setback from Wetlands with a Condition that Borling combine the two parcels, thus eliminating the need for the side yard variance. Motion carried: 3 — 1 (Long) 2. Boding combined the two parcels into one with CSM 12518, recorded August 15, 2008. 3. One-year deadline for obtaining a zoning permit for a new house would be 02-28-2009. 4. Boding remained in contact with Zoning staff throughout 2008 and confirmed the deadline for obtaining a Zoning Permit. When it became apparent that his plans to build would take longer than one year to initiate, he contacted staff about the process for obtaining an extension. 5. Section 10.26(9) DCCO: Expiration of authorization: "When any construction shall have been authorized by the Board of Adjustment..., a permit for such construction shall be taken out within one year from the date of such authorization [the variance], otherwise such authorization shall become null and void; provided that the Board of adjustment, upon request, may extend such authorization for a specific period of time without the necessity another public hearing."