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Dane County Board of Adjustment Minutes Page 3 of 7 July 24,2008 from minimum 100 feet of required lot width at the building setback line to allow removal and replacement of an existing single-family residence on a substandard property in the Shoreland district, and allow Certified Survey Map, if required. Condition: That the owners keep surface water run-off from this property off the adjacent properties, as per Dunn Town Board action. Finding of Fact: 1) Brian & Barrett Martin own Lot 36, Block 1, Brictson Park (platted in 1918) and a 40 foot by 40 foot portion of the vacated right-of-way (ROW) of Jordan Drive, located in the R-3 Residential district and the Shoreland district associated with Lake Waubesa. 2) Lot 36 is 40 feet wide at the building setback line (39.96 feet as surveyed) and 9,474 square feet (SF) as shown on the current survey, and includes the Martins' single-family, one-story house, a detached garage, shed and boathouse. Existing lot coverage is 25%, according to the Martins' application. 3) The Martins propose to remove the shed and existing house and build a new 2-story, 5-bedroom home. The existing detached 2-stall garage and existing boathouse would remain. The proposed new house would meet minimum 5 foot side yards, minimum 75 feet setback to the Ordinary High Water Mark (OHWM) and minimum 20 foot setback from the east property line (PL) of Lot 36 (as well as from the east line of the vacated right-of-way). The proposed lot coverage is 29.1%, according to the Martins' application. 4) Klaas pointed out that the proposed house and outbuildings would be only 400 square feet larger than the existing house and outbuildings. He said the Shoreland Erosion Control Permit application would incorporate stormwater management features, designed for compliance with the Town's requirement. A rain garden, roof water collection system, and protection of lakefront trees would slow runoff and promote infiltration. Klaas asserted these provisions address the WDNR's concerns regarding harm to the public interest and Shoreland. 5) Lots in the Shoreland district must meet the minimum lot width (100 feet at the building setback line), lot area (minimum 15,000 SF) and maximum lot coverage (30%) requirements of the R-1 Residential district, even though the zoning district — R-3 Residential -- requires only 60 feet of lot width and 8,000 SF of lot area for a sewered lot and allows 35% lot coverage. 6) Since the proposed house meets the minimum 20 foot setback from the east property line of Lot 36, there is no requirement to combine the vacated portion of Jordan Drive ROW with Lot 36 by Deed Restriction or by Certified Survey Map (CSM) for setback purposes, but it may be required for lot coverage purposes. The Martins' agent has indicated they may be willing to record a CSM. Since it was not clear at the time of application if a CSM would be involved, staff added it to the Public Hearing Notice for compliance, if necessary. Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the continued residential use of this lot. 2) Unique Limitations of the Property: The owner is not able to expand the lot, as originally platted in 1918, prior to Shoreland Ordinance adoption in 1970. The lot area has already been increased by the addition of the vacated right-of-way, and no lot coverage variance is necessary. 3) No Harm to Public Interests: The Town's Condition addresses the WDNR's concerns. The variance improves conditions supporting Chapter 11 - Shoreland zoning purposes, while preserving the rights of property owners under Chapter 10 —Zoning. The amount of lot coverage is being increased a minimal amount. Motion carried: Carried 4 — 0. 3. Appeal 3534. Appeal by Dennis & Nancy Lynch (Andrew Brahman-Wanek, AIA, Gingko House Architects, agent) for variances from minimum required lot width at the building setback line and minimum required lot area for an existing substandard platted lot in the Shoreland District as provided by Sections 11.03(1) and 10.05(4), Dane County Code of Ordinances, to permit additions and alterations exceeding fifty per cent (50%) of the existing single-family residence at 2962 Waubesa Avenue, being Lot 17, Block 2, Waubesa Beach, Section 5, Town of Dunn.