DCPZP-2008-00737 - Laserfiche WebLink

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PRESENTING YOUR CASE TO THE BOARD OF ADJUSTMENT: An Area Variance may be authorized by the Dane County Board of Adjustment to vary one or more of the dimensional 'or physical requirements of the applicable zoning law, code or ordinance in connection with some proposed construction. The burden will be on you as property owner to provide information upon which the board may base its decision. At the hearing, any party may appear in person or may be represented by an agent or attorney. You or your agent must convince the zoning board to make a ruling in your favor. The board must make its decision based only on the evidence submitted to it at the time of the hearing, including the staff report. Unless you or your agent is present, the board may not have sufficient evidence to rule in your favor and may then deny your application. Please answer the four questions below. You are encouraged to attach a separate sheet, label- ing the answers (1) through (4), and providing sufficient detail to support your appeal: (1) Describe alternatives to your proposal such as other locations, designs and construction techniques. Attach a site map showing alternatives you considered in each category below: (A) Alternatives you considered that comply with existing standards. If you find such an alternative, you can move forward with this option with a regular permit. If you reject compliant alternatives, provide the reasons you rejected them. This is the only technical way to be able to build a 6 story building. (B) Alternatives you considered that require a lesser variance. If you reject such alternatives, provide the reasons you rejected them. Other types of cranes would be near safety maximums for the loads needed. We do not wish to be too close to the maximums for safety reasons. This crane is 60' higher than the top of the 6th floor and 50' above the top of the tower. (2) Will there be an unnecessary hardship to the property owner to strictly comply with the ordinance? Unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. An applicant may not claim unnecessary hardship because of conditions which are self-imposed or created by a prior owner(for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home or claiming that they need more outbuilding space than that permitted to store personal belongings). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. We have obtained an earl start •ermit 6/24 and have current) started the construction process. (See attached permit). We are working with the approval to build this hotel with the maximum number of stories and maximum height allowed for this hotel at this location. Dane County Zoning Division Variance Application Page 2 of 4