DCPZP-2008-00939 - Laserfiche WebLink

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Dante County Board of Adjustment Minutes Page 6 of 9 Augtist 28,2008 • 08/25/2008 Dunn Town Board "recommends approval...conditioned upon them keeping the surface water generated on this property from going onto the adjacent properties. Adjacent neighbor John Hefty was present in support of the appeal. No objections were submitted." • 08/19/2008: Letter from Cami Peterson, Water Regulation and Zoning Specialist, WDNR, recommending denial of the variances. Chair Schulz asked Schutte to read the letter into the record. VARIANCES REQUESTED: Purpose: To permit proposed removal and replacement of a single- family residence on an existing substandard lot in the Shoreland District A) Lot Width Variance Minimum lot width at building setback line required: 100 feet. Actual lot width: 74.5 more or less feet at right-of-way line VARIANCE NEEDED: 25.5 feet more or less B) Lot Area Variance: Minimum lot area required: 15,000 SF. Actual lot area: 9,470.5 SF. VARIANCE NEEDED: 5,529.5 SF C) Lot Coverage Variance: Maximum lot coverage allowed: 30 Proposed lot coverage: 32% VARIANCE NEEDED: 2% (189 SF) D) Setback from Ordinary High Water Mark Variance (OHWM): Minimum averaged setback from OHWM required: 49.25 feet. Actual Setback from OHWM: 45 more or less feet (to stairs). VARIANCE NEEDED: 4.25 more or less feet. IN FAVOR: Doug & Kate Barton, Verona, WI, prospective owners OPPOSED: Mark M. Wohlferd, Design Shelters, Middleton, WI, designer ZONING ADMINISTRATOR'S RECOMMENDATION: Lane expressed his concerns: The proposed project exceeds the maximum 30% lot coverage and increases the existing coverage by 20%; The lot size is adequate for building within the minimum setback and coverage requirements; The adjacent green space between the ROW and road cannot be considered open space for control of runoff generated on the lot of record. Motion Schulz/Studz to grant a variance of 25.5 feet more or less from minimum 100 feet required lot width at the building setback line and a variance of 5,529.5 SF from minimum 15,000 square feet required lot area, to permit proposed removal and replacement of a single-family residence on an existing substandard lot in the Shoreland District, with Condition as requested by Town of Dunn to keep surface water runoff generated on this property from going onto the adjacent properties; also, to deny the requested variances from maximum lot coverage and minimum averaged setback from Ordinary High Water Mark. Finding of Fact 1. Dick Harrison is the executor of the Estate of Gregory Harrison, owner of record of Outlot 10 of Assessor's Plat Number 2, Town of Dunn, which was platted in 1940, and which is zoned R-3 Residential. With lot area of 9,470.5 square feet (SF) and lot width of 74.51 feet at the right-of-way (ROW) line of Bible Camp Road, the lot does not meet the minimum area or width required in the Shoreland district associated with Lake Waubesa. The lot has an existing single-family residence that has been vacant for 3-4 years, and that appears to meet front and side setbacks, and a boathouse. No changes to the boathouse are proposed at this time. 2. The averaged setback to the Ordinary High Water Mark (OHWM) is 49.25 feet; the existing house is located 63.7 feet from the OHWM. Note that both the 07/14/2008 Plat of Survey and Wohlferd's site plan use the "Edge of Water on 6-19-2008" elevation of 847.10 MSL, rather than the OHWM elevation of 845.67 MSL, because of flooding conditions at the time of the survey. Maximum 30% lot coverage is 2,841.5 SF; existing lot coverage is 1,911 SF or 20.2 %.