DCPZP-2008-00890 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 4 of 16 September 25,2008 Conclusions: 1. Unnecessary Hardship: Denying the variance would unreasonably prevent the use of the lot for its permitted residential purpose. Granting the variance takes into account both the purposes of Ch. 11 — Shoreland Ordinance and rights of property owners under Ch. 10—Zoning Ordinance. 2. Unique Limitations of the Property: The lot was created in 1939 and cannot be expanded. 3. No Harm to Public Interests: The applicant has minimized the need for variances and will comply with Town Condition by reducing run-off and improving the site. Motion carried: 5—0, by a roll call vote. NOTE: Hamre left the meeting at 7:39 p.m. to attend the Capital Area Regional Planning Commission (CARPC) meeting. (He is a CARPC Commissioner). 3. Appeal 3541. Appeal by Mortimer Huber, Jr. and Susan Huber (Adam Hebgen, Washa Construction, Inc., agent) for variances from minimum required lot width at the building setback line, minimum averaged setback from the Ordinary High Water Mark and minimum side yards as provided by Sections 11.03(1), 10.05(4), 11.03(2), and 10.07(7), Dane County Code of Ordinances, to permit proposed additions/alterations to existing single-family residence at 2817 Crescent Drive, being Lot 12, Crescent Park, Section 09, Town of Dunn. COMMUNICATIONS: 09/15/2008 Town of Dunn Acknowledgment; 09/16/2008 Dunn Town Board "recommends approval for the Huber property at 2817 Crescent Drive. No objections were received." 09/24/2008 A letter from Cami Peterson, Water Regulation and Zoning Specialist, WDNR, recommending denial of the variances, was read into the record. VARIANCES REQUESTED: Purpose: Allow alteration/addition to existing house foundation and access stairways on substandard platted Shoreland lot. Lot Width Variance Minimum lot width at building setback line required: 100 feet. Actual Lot width: 89.4 feet at building setback line VARIANCE NEEDED: 10.6 feet. Averaged Setback from Ordinary High Water Mark Variance: Minimum averaged setback from OHWM: 34.0 feet. Existing Setback from OHWM: 12.5 feet. VARIANCE NEEDED: 21.5 feet. Two (2) Side Yard Variances: Minimum side yard required: 10 feet each side. Existing side yard — North side 5.4 feet South side 8.5 feet NEEDS VARIANCE: North side 4.6 feet South side 1.5 feet IN FAVOR: Adam Hebgen, Washa Construction, Inc., McFarland WI —contractor Mortimer Huber: McFarland, WI -- owner OPPOSED: None ZONING ADMINSTRATOR'S RECOMMENDATION: Zoning Administrator Roger Lane recommends approval, as reported by Assistant Zoning Administrator Schutte. Motion: Long/Reynolds to grant variance of 10.6 feet from minimum required 100 feet lot width at the building setback line, variance of 21.5 feet from minimum 34.0 feet averaged setback from the Ordinary High Water Mark (OHWM), and variances of 4.6 feet on the north side and 1.5 feet on the south side from minimum required 10 foot side yards, to accommodate foundation and related alternations within the existing footprint, with Conditions: Divert roof and other stormwater run-off away from lake; slow run-off flowing toward lake; protect mature trees during construction.