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Dane County Board of Adjustment Minutes Page 4 of 9 , August 28,2008 E) Variance - Minimum Rear Yard Setback for an accessory building/boathouse: Minimum setback: 4 feet Proposed setback: Zero (0) feet— appears roof deck as proposed would extend two (2) feet beyond existing 'icehouse' foundation, which is located at the OHWM VARIANCE NEEDED: 4 feet. F) Setback from Road Variance: (See Zoning Notes, below) Minimum setback from right-of-way required: 20 feet is Class D road; 30 feet if class E road. Proposed setback from right-of-way line: 12 more or less feet VARIANCE NEEDED: 8 more or less feet, if 20 foot setback; 18 more or less feet if 30 foot setback IN FAVOR: John & Monica Quale, McFarland, WI, owners OPPOSED: None ZONING ADMINISTRATOR'S RECOMMENDATION: Lane described his concerns that the proposed project undermines the spirit of the ordinance: The project exceeds the maximum lot coverage and increases the existing coverage by 13%; A front setback of at least 20 feet or more is intended to provide off-street parking in front of a garage; The boathouse roof as shown on the application site plan and elevation seems clearly intended for use as a deck, which is not permitted; and the size of the lot at less than 7,500 square feet does not meet minimum WDNR model ordinance standards. Motion Schulz/Long to abey up to 60 days to allow the Quales to reduce the need for variances and improve their alternatives analysis and explanation of hardships. Finding of Fact: 1. The Quales have owned Lot 17, Richards-Standish Replat, created in 1908, for 25 years. Barber Drive in front of the Quales' lot was originally US Highway 51. As a Town Road, Barber Drive has a wider-than-usual right-of-way width (81 to 96 feet, rather than 66 feet) in front of the Quales' property. Dane County records show that the Barber Drive right-of-way changed in 1976, but staff was unable to determine if, when and how any road right-of-way was added to the Quales' lot. 2. AccessDane and ArcMap records show RE-1 Recreational zoning for Lot 17 and Lot 18, Richards- Standish Replat, but Zoning Division records shows R-3 Residential zoning. Staff has begun the process of having the zoning discrepancy corrected. 3. The Quales' lot is located in the Shoreland district for Lake Kegonsa. At 6,320 more or less square feet (SF) lot area, and 75.85 feet lot width at the right-of-way (ROW) line of Barber Drive, it does not meet the not meet the minimum lot area (15,000 SF) or lot width at the building setback line (100 feet) required in the Shoreland district. 4. The Quales existing single-family residence has stoops on the front and side, an entry to the lower level on the lake side as well as a bay window and newer stairway (no Zoning Permit) from the raised first floor level to grade on the lake side. There is also an existing, non-complying shed. An existing "concrete foundation" (no roof) at the shoreline is described was a 70-year old, 13.5 foot x20 foot (279SF) "icehouse" by the Quales in their application statement. The existing 2-story house meets minimum 10 foot sideyards and is more than 30 feet from the right-of-way line of Barber Drive. However, the front and side concrete stoops are not shown on the 2007 location survey. According to the Quales, existing lot coverage is 19.9%, but this does not include the front or side stoops, the new stairs, or the bay window (but does include the shed). 5. The averaged setback from the Ordinary High Water Mark (OHWM) is 19.3 feet; the Quales' existing house is 24.8 feet from the OHWM at the north corner, not including the existing entry, new stairs and bay window. 6. The "concrete foundation" or 'old icehouse' meets minimum side yards, but not the minimum 4 foot setback from OHWM required for a residential accessory building under Section 10.16(6)(a)1. Also, the elevation of the floor of the 'old icehouse' does not meet the minimum 100-year floodplain elevation required for boathouses.