DCPZP-2008-00639 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 7 of 14 • October 23,2008 VARIANCE REQUESTED: Purpose: Remove and replace more than 50% of an existing single- family residence damaged by June 2008 Lake Koshkonong flooding, in compliance with all requirements for construction in the Flood Fringe district, on an existing substandard sewered Shoreland property. Lot Area Variance: Minimum lot area required: 15,000 square feet (SF) Actual lot area: 10,166 SF VARIANCE REQUIRED: 4,834 SF IN FAVOR: Staff Note: Ms. Salustro requested that she be excused from appearing in person before the Board, because of recent surgery. ZA Roger Lane and AZA Schutte agreed to present application materials from her file; Ms. Salustro provided written authorization. Martin Duellman, 342 Lake Shore Drive, Edgerton, WI John Mayer, 400 Lake Shore Drive, Edgerton, WI Jim Mayer, 400 Lake Shore Drive, Edgerton, WI OPPOSED: None ZONING ADMINSTRATOR'S RECOMMENDATION: No objection, no specific recommendation from Zoning Administrator Roger Lane, as reported by Assistant Zoning Administrator Schutte. Schutte reiterated Lane's support of Lake Shore Drive residents' efforts to meet Floodplain, Shoreland and Zoning Ordinance requirements. Motion: Hamre/Long to grant a variance of 4,834 square feet (SF) from the minimum 15,000 SF required lot area to permit removal and replacement of more than 50% of an existing single-family residence damaged by June 2008 Lake Koshkonong flooding on a substandard sewered property in the Shoreland district, as proposed. Finding of Fact: 1. Ms. Salustro owns two substandard size sewered lots that have been combined for zoning purposes by recorded Deed Restriction. The lots are part of Edgerton Beach Park plat, recorded in 1926. The combined lots have more than 129 feet of frontage on Lake Shore Drive, and meet the minimum 100 feet lot width requirement at the building setback line for the Shoreland district. At 10,166 square feet (SF), the combined lots do not meet the minimum 15,000 SF lot area required. The property has a one-story house with a wrap-around deck and "moveable" shed. It is served by public sewer, and is located in the R-3 Residential district and in the Shoreland and Floodplain districts associated with Lake Koshkonong, even though it is located across Lake Shore Drive from the lake. Shoreland and Floodplain zoning were adopted by Dane County in 1970. 2. This property was affected by the June 2008 flooding of Lake Koshkonong; the property is located in the Floodway Fringe of Lake Koshkonong. Although the crawl space floor level of this house meets the minimum elevation required in the Floodway Fringe, the lowest finished floor level of the existing house does not meet the minimum required elevation of 2 feet above the 100-Year Flood Elevation. 3. Dane County Zoning inspected the property after the June 2008 flooding of Lake Koshkonong, and notified Salustro that the house sustained substantial (more than 50%) damage. Chapter 17 Floodplain Zoning of the Dane County Code of Ordinances requires that owners of a substantially damaged principal structure in the Floodplain must either remove the structure or bring it into compliance with 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. (Note: Ms. Salustro's crawl space does not need to be raised.) • 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 written assurance. 4. Salustro proposes to remove the flood-damaged house, and build a new house on the existing