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• Dane County Board of Adjustment Minutes Page 12 of 16 September 25,2008 existing site for many years, with a number of buildings and storage yards. One building on Proposed Lot 10 of the Novation Campus I I plat will extend into the ROW of proposed Venture Street. The lease for this use is in place through Spring 2009. Henshue Construction will be involved in infrastructure development of the Novation Campus II plat area, so maintaining this use in the proposed C-1 area results in energy efficiency. NOTE: The non-complying location of the Henshue building in relation to the existing west property line/side yard is "grandfathered;" no variance is needed unless the building is expanded in that direction or unless more than 50% of the building is damaged or altered. 9. C) An existing house and detached garage and sheds located on Proposed Lot 9 must remain due to a "life estate" agreement with the owner, Mr. Schwengel, who has lived there 42 years. The Alexander Company was granted CUP 2076 on 08/26/2009 to allow the single-family residential use in the new C-1 district. The house and detached garage and at least one shed all encroach into the rights-of-way of proposed Synergy Street and/or the expanded ROW of County Highway MM/Rimrock Road. Some smaller outbuildings may be moved or removed to eliminate encroachment and the need for variances. The vision triangle encroachment will be ameliorated by the traffic signal proposed for this intersection, according to the agent. 10. The Board of Adjustment may not grant variances within any road right-of-way. Conclusions: 1. Unnecessary Hardship: Conformity with the restrictions of the Zoning Ordinance as they exist would be unnecessarily burdensome in light of inter-governmental development processes and standard transportation planning practices necessary to develop the proposed plat. 2. Unique Limitations of the Property: The multiple governmental jurisdictions with interests in this property, and the developer's intent to mitigate its status as a brownfield site present unique conditions specific to all three locations described in the Appeal. 3. No Harm to Public Interests: The proposed variances will allow desirable urban infill and are in the public interest, improving environmental conditions and transportation routing, and promoting workplace and community development. Motion carried: 4 —0 on a roll call vote. (Note: Board member Hamre had left the meeting.) IV. APPEAL RETURNING FROM PREVIOUS HEARING 1. Appeal 3537, returning from the August 28, 2008 Board of Adjustment Public Hearing: Appeal by John & Monica Quale for variances from A) minimum required lot width at the building setback line, B) minimum required lot area, C) maximum allowable lot coverage, D) minimum required setback from the Ordinary High Water Mark, E) minimum rear yard setback for an accessory building, and F) minimum required setback from road as provided by Sections 11.03(1) & (2), 10.05(4) & (5) and 10.17(4) or (5), and 10.16(6), Dane County Code of Ordinances, to permit additions and alterations to existing single-family residence on an existing substandard lot in the Shoreland District at 2004 Barber Drive, being Lot 17, Richards Standish Replat of Crown Point and adjoining land in the SE 1/4 NW 1/4, Section 26, Town of Dunn. Action of the Board at the 08/28/2008 Board of Adjustment Public Hearing: 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. Carried: 3 -- 0. Members of the Board asked Schutte to provide a comparison of existing and proposed impervious surfaces on-the Lynn property, and to verify the required setback from right-of-way. They asked Quale to address the three hardship questions and alternatives analysis, including why a two-car garage is needed. COMMUNICATIONS, as presented at the 09/28/2008 Public Hearing: 08/25/2008: Dunn Town Board "recommends approval...conditioned upon them keeping the surface water runoff generated on this property from going onto the adjacent properties." Town Clerk Rosalind Gausman reported that the Quales submitted letters of support from their neighbors. 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.