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Carle County Board of Adjustment Minutes Page 7 of 9 August 28,2008 3. The prospective buyers (the Bartons) propose to remove the existing home and build a new two- story, 3-bedroom home with an attached 3-stall garage (only two garage doors would be seen from the road) and a screened porch with stairs to grade on the lake (west) side. The proposed home would meet setbacks to road ROW (minimum 20 feet for Class D road) and side yards (minimum 10 feet each side). 4. The only encroachment into the minimum 49.25 feet averaged setback from OHWM is 2-3 proposed risers of a short flight of stairs to grade on the lake side of the proposed screened porch. No deck is proposed. The closest part of the finished walls of the proposed house would be 51.00 feet from the OHWM. The setback to the closest part of the proposed stairway appears to be 45 more or less feet from the "Edge of Water on 6-19-2008". The site plan shows the closest part of the proposed house ("Screen Porch") at 51.00 feet from the "Edge of Water." 5. Wohlferd explained that the stairs to grade on the lake side of the house were a preferred alternative to a deck that might encroach further toward the lake. In response to questions from Board members, he discussed possible alternatives to the stairs as proposed, including building them in a different direction or eliminating the need for stairs by re-grading. In response to a question from a Board member, Schutte confirmed that any survey for future averaging of setbacks from the OHWM would use the stairs, not the wall location (whichever is closer to the OHWM). 6. Wohlferd and Barton contended that the 30% lot coverage is affected by the existing boathouse, and that the R-3 district for this subdivision would allow 35% lot coverage if the lot were not in the Shoreland district. To mitigate the request for 32% lot coverage, Wohlferd suggested the roof of the boathouse could be covered with sod to provide more "yard" area. Wohlferd explained that an existing area of lawn between the paved road and the proposed house would remain as impervious surface and contribute to absorption of stormwater runoff. Barton stated his intentions to control runoff with construction and landscaping features. Conclusions: 1. Unnecessary Hardship: Denying the variance would unreasonably prevent the use of an R-3 Residential zoned lot for its permitted residential purpose. 2. Unique Limitations of the Property: Applicant cannot expand the lot created in 1940, prior to Shoreland Ordinance adoption in 1970. 4. No Harm to Public Interests: Denying the variances to lot coverage and setback from OHWM reduces the impact of the project. Applicants appear willing to revise the plans presented to the Board slightly to meet all setbacks and lot coverage requirements, and are willing to comply with Condition requested by the town. The Town's Condition will improve control of runoff. Motion carried: 2 -- 1 (Long — no). Staff Note: Schutte or Lane will review the plans to verify compliance with the Zoning Ordinance, including maximum 30% lot coverage and minimum setback from OHWM, and to assure satisfaction of Variance Condition before a Zoning Permit may be issued. IV. APPEAL RETURNING FROM PREVIOUS MEETING 1. Appeal 3535. Returning from the July 24, 2008 Public Hearing: Appeal by Charles and Sherry Sweeney, owners of Viking Village Campgrounds & Resort, Inc. (Mitchell R. Olson, Axley Brynelson LLP, agent) of the interpretation of the Dane County Zoning Administrator's decision in regard to residential uses in the RE-1 Recreational District on property located at 1648 County Highway N in the NE 1/4 SE 1/4, Section 33, Town of Pleasant Springs. Actions of the Board at the 07/24/2008 Public Hearing: Motion: Reynolds/Long to waive the 30- day filing deadline for an administrative appeal to allow all parties full and fair hearing in this case. Motion carried: 4 — 0. Motion: Schulz/Studz to abey Appeal 3535 until the August 28, 2008 Board of Adjustment Public Hearing. Motion carried: 4 — 0. Motion: Schulz/Reynolds to set a date of August 12, 2008 as the deadline for submission of briefs by both parties to Appeal 3535, to give zoning staff time to prepare packets for the August 14, 2008 Board of Adjustment Site