DCPZP-2008-00876 - Laserfiche WebLink

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• Dane County Board of Adjustment Minutes Page 5 of 14 October 23, 2008 Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the continued residential use of this lot. The variances take into account both the Chapter 11 purposes of Shoreland zoning and the Chapter 10— Zoning rights of property owners. 2) Unique Limitations of the Property: No additional area and frontage are available to increase the size of this property, which was created in its present size before Shoreland and Floodplain zoning became effective. The June 2008 flooding of Lake Koshkonong was a unique flood event. 3) No Harm to Public Interests: Proposal improves compliance with setbacks from side yards and setback from OHWM. The proposed house will meet all Floodzone, Shoreland and Zoning Ordinance requirements, as well as building code and energy efficiency improvements. Proposed construction will not be detrimental to the lake or to neighbors' views. Motion carried: 3— 0. 2. Appeal 3547. Appeal by Martin Duellman for variances from minimum required lot width at the building setback line and minimum required lot area for an existing substandard property in the Shoreland District as provided by Sections 11.03(1) and 10.05(4), Dane County Code of Ordinances, to permit removal and replacement of existing single-family residence and Certified Survey Map, if required, for property located at 342 Lake Shore Drive, being the north half Lot 2, and all of Lot 3, Block 1, Edgerton Beach Park, Section 25, Town of Albion. COMMUNICATIONS: Town of Albion: 09/18/2008 Acknowledgement; 10/08/2008 Letter from Town Clerk, indicating the Town Board and Planning Commission "unanimously approved" Duellman's appeal. VARIANCES REQUESTED: Purpose: Remove and replace existing single-family residence substantially damaged by flooding, in compliance with all requirements for construction in the Flood Fringe district, on an existing substandard sewered Shoreland property. Lot Area Variance: Minimum lot area required: 15,000 square feet (SF). Actual lot area: 11,370 SF VARIANCE NEEDED: 3,630 SF Lot Width Variance Minimum lot width at building setback line required: 100 feet. Actual lot width: 59.84 feet at building setback line VARIANCE NEEDED: 40.16 feet IN FAVOR: Martin Duellman, owner, listing address as 342 Lake Shore Drive, Edgerton, WI (Dane County tax records show Chicago, IL as Owner Address and Mailing Address) Jim Mayer, 400 Lake Shore Drive, Edgerton, WI OPPOSED: None ZONING ADMINSTRATOR'S RECOMMENDATION: No objection, no specific recommendation from Zoning Administrator Roger Lane, as reported by Assistant Zoning Administrator Schutte. Schutte reiterated Lane's support of Lake Shore Drive residents' efforts to meet Floodplain, Shoreland and Zoning Ordinance requirements. Motion: Hamre/Long to grant a variance of 3,630 square feet (SF) from the minimum 15,000 SF lot area required, and a variance of 40.16 feet from the minimum 100 feet lot width required at the building setback line, to permit removal and replacement of a single-family residence on a substandard sewered property in the Shoreland district, as proposed. Finding of Fact: 1. Duellman owns one and one-half lots in the Edgerton Beach Park plat, which was recorded in 1926. The property is served by public sewer, and is located in the R-3 Residential district and in the Shoreland and Floodplain districts associated with Lake Koshkonong. Shoreland and Floodplain zoning were adopted by Dane County in 1970.