DCPZP-2008-00631 - Laserfiche WebLink

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•Dane County Board of Adjustment Minutes Page 5 of 7 July 24,2008 / 4) The proposed additions and structural alterations will meet all setback, height and lot coverage requirements (25% as per agent). Braman-Wanek pointed out that most of the additions would be built where the existing paved driveway is currently located. 5) The agent described how proposed landscaping will add vegetation, and reiterated the owners' intentions, as expressed in their letter, to use stormwater management measures such as rain gardens and rain barrels. In response to a question from a Board member, he confirmed that the existing patio on the lake side of the home would not be expanded. 6) The 06/12/2008 Zoning Administrator's Interpretation in regard to development of substandard shoreland lots allows additions and structural alterations to principal structures up to 50% of the existing floor area without variances from lot width and area requirements. The proposed additions and alterations to the Lynch house equal 56% more or less. This includes alterations of the use of and structural changes to the interior of the house as well as additions to the footprint of the house. Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the expansion of the existing permitted residential use of this lot. Granting the variance is not based on the applicants' description of their intentions, wishes and needs, as these must be considered as serving the owners' personal "convenience," even if they are ecologically sensitive. 2) Unique Limitations of the Property: The owner is not able to expand the lot, as originally platted in 1907, prior to Shoreland Ordinance adoption in 1970. 3) No Harm to Public Interests: The owners' intention to incorporate stormwater management measures into their landscaping plan, and willingness to meet the Town's Condition, support the purposes of Chapter 11 — Shoreland zoning. The amount of impervious surface will not be appreciably increased. Motion carried: 4—0. 4. Appeal 3535. Appeal by Charles and Sherry Sweeney, owners of Viking Village Campground & Resort, Inc. (Mitchell R. Olson, Axley Brynelson LLP, agent) of the interpretation of the Dane County Zoning Administrator's decision in regard to residential uses in the RE-1 Recreational District on property located at 1648 County Highway N in the NE 1/4 SE 1/4, Section 33, Town of Pleasant Springs. Schutte noted for the record that Appeal 3535 is a contested case, and that the order of business for a contested case would be followed as described in Section 5.0 of the Dane County Board of Adjustment Rules and Procedures, effective 01/17/2008 ("BOA Rules"). Schutte distributed photographs of the Viking Village Campground site taken at the July 10, 2008 Board of Adjustment Site Inspections and "Staff Comments" including a partial history of Appeal 3535. The staff comments described how attorneys for both parties ordinarily would have submitted briefs by July 10, 2008, as per the "BOA Rules." However, circumstances prevented the principal attorneys for both parties and the appellants from appearing at the Public Hearing. Chair Schulz accepted the staff comments for the record. Call to Order: The Public Hearing for Administrative Appeal 3535 was called to order by Chair Schulz at 8:15 p.m. Appellant's Statement: Attorney Mitchell R. Olson, Axley Brynelson, LLP, was sworn in, representing the owners of Viking Village Campground & Resort, Inc. Olson addressed the question of whether the appeal of the Zoning Administrator's interpretation was submitted within 30 days, as required by section 4.a) of the BOA Rules and Procedures. The Zoning Administrator's ruling was issued March 3, 2008; Appeal 3535 was filed 60 days later, on May 29, 2008. Olson explained that litigation between the Sweeneys and the County has commenced: Viking Village first filed suit, then Dane County filed suit. The Viking Village suit has been dismissed, and the County's suit is going forward. A decision by the Dane County Board of