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Dane County Board of Adjustment Minutes Page 6 of 14 October 23,2008 2. The existing one-story house and shed on this property were affected by the June 2008 flooding of , Lake Koshkonong. Mr. Duellman showed photos of the neighborhood immediately after the flood event. The house is located in the Floodway Fringe district of Lake Koshkonong. The lowest floor level of the existing house does not meet the minimum elevation requirement of CH 17: 2 feet above the 100-Year Flood Elevation of 784.2 feet AMSL. 3. Dane County Zoning staff inspected the property after the June 2008 flooding of Lake Koshkonong, and notified Duellman that the house sustained substantial damage (more than 50% of its current assessed value). CH 17 DCCO requires that owners of a substantially damaged structure in the Flood Fringe must either remove the structure or bring it into compliance with the following CH 17 requirements: • Raise lowest floor level to two feet above the 100-Year Floodplain elevation; • Raise the basement or crawl space floor level, if any, to the 100-Year Floodplain elevation; • Fill the area around the house to one foot above the 100-Year Floodplain elevation, to a distance 15 feet from the house in all directions, or as much as practicable, according to a ZA interpretation. • Provide "contiguous dryland access" or written assurance that local protective services are able to provide the required rescue services. 4. Duellman provided a Grading and Erosion Control Plan from Quam Engineering LLC (dated 09/30/2008) and a Plat of Survey from ABEX Survey Company (dated 10/14/2008)with his application. He proposes to remove the existing one-story house and build a new two-story house in compliance with all Floodplain, Shoreland and Zoning Ordinance requirements, including setbacks (minimum 20 feet from Lake Shore Drive right-of-way; minimum 10 feet from both side lot lines; minimum 75 feet from the Ordinary High Water Mark), maximum permitted lot coverage of 30%, and maximum average 35 foot height. 5. There is no additional land available for compliance with minimum lot width or area in the Shoreland district, according to Duellman. Although the proposed new house would be larger than the existing house on this lot, the new house would be located more than 100 feet from the OHWM and the existing non-conforming shed would be removed. Duellman would preserve existing trees and re-landscape the lot to provide for natural beauty and protect the lake. The filling plan takes into account the fact that the house to the north, which was built during the last 10 years, is in compliance with Floodplain Ordinances, including minimum finished floor elevation and fill, so it was not damaged during the June 2008 flooding. In response to a Board member's question, Duellman assured the board that his proposed house location provides for necessary separation from the existing wellhead. Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the continued residential use of this lot. The variances take into account both the Chapter 11 purposes of Shoreland zoning and the Chapter 10—Zoning rights of property owners. 2) Unique Limitations of the Property: No additional area and frontage are available to increase the size of this property. The June 2008 flooding of Lake Koshkonong was a unique flood event. 3) No Harm to Public Interests: Owner's proposal would be in compliance with all Floodzone, Shoreland and Zoning Ordinance requirements. Proposed construction will preserve trees and not be detrimental to the lake. Motion carried: 3—0 . 3. Appeal 3548. Appeal by Linda Salustro for a variance from minimum required lot area for an existing substandard property in the Shoreland District as provided by Sections 11.03(1) and 10.05(4) Dane County Code of Ordinances, to permit proposed removal and replacement of existing single- family residence at 357 Lake Shore Drive, being Lots 16 and 17, Block 4, Edgerton Beach Park, Section 25, Town of Albion. COMMUNICATIONS: Albion: 08/08/2008 letter: "On October 7, 2008, the Town of Albion's Planning Commission and the Town of Albion's Town Board unanimously approved Linda Salustro Appeal for Variance#3548. The purpose of the variance is to allow construction of a new single-family residence on a sewered, substandard, platted Shoreland lot."