DCPZP-2008-00639 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 8 of 14 October 23,2008 foundation, re-using existing windows, doors and other materials as much as possible. The existing house footprint meets all setbacks and lot coverage requirements. Salustro intends to "square off' the southeast corner of the house, adding approximately 121 SF. She would also replace the existing deck with a similar size deck. The new home will be raised and surrounding fill added to comply with Floodzone Ordinance requirements. Conclusions: 1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the continued residential use of this lot. The variance takes 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 is 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, as well as building code improvements. Proposed construction will use existing footprint. The deed restriction combining two lots for zoning purposes minimizes the amount of the lot area variance required. Motion carried: 3— 0. 4. Appeal 3549.Notice as published October 9 and 16, 2008 in the Wisconsin State Journal: Appeal by WDOT and Kraemer Brothers LLC, agent) for a variance from maximum allowable height of a structure permitted within the Dane County Regional Airport Height Limitation Zone as provided by Section 78.03, Dane County Code of Ordinances, to allow temporary construction crane use at the intersection of US Highway 151 and Interstate 90-94, Section 22, TO8N R10E, City of Madison. Assistant Zoning Administrator's Report: Schutte explained that a temporary crane was observed in operation near the US Highway 151/Interstate 90-94 intersection by a Zoning Inspector, who noticed that it appeared to be approximately as tall as adjacent power poles along on the 1-90/94 right-of-way. The power poles are painted with orange and white striping and have warning lights, as required for taller structures in the Airport Height Limitation Zone (AHLZ). A Stop Work Order was issued to Kraemer Brothers LLC, the crane operator, and they were instructed to file a variance application to allow the taller crane. Incomplete site plans were submitted to the Zoning office. It was unclear, initially, if the crane was being used for a public or private sector project. It is the policy of the Dane County Zoning office to cooperate as much as possible and expedite all variances and permits necessary for public sector projects. Therefore, Schutte added the item shown above to the 10/23/2008 Board of Adjustment Public Hearing Notice, after authorization by Chair Schulz. Within days, it became apparent that the crane was being used on privately owned land for a hotel construction project. Kraemer Brothers had not, at that time, applied to the WDOT Bureau of Aeronautics or for FAA No Hazard to Navigation status. After gathering more information from Kraemer Brothers, Dane County Airport personnel, the WDOT Bureau of Aeronautics and Dane County records, Schutte determined that the correct Public Hearing Notice item should have been: Appeal by Madison High Crossing Lodging Invest II LLC (Paul Bartleson, Kraemer Brothers LLC, agent) for a variance from maximum allowable height of a structure permitted within the Dane County Regional Airport Height Limitation Zone as provided by Section 78.03, Dane County Code of Ordinances, to allow temporary construction crane for proposed hotel construction at 2702 Crossroads Drive, Section 27, TO8N R10E, City of Madison The corrections shown are substantive; the original Notice did not meet the minimum standards of the Dane County Code of Ordinances and Wisconsin State Statutes. The newspaper deadline for corrections had passed, and the appeal application materials were still incomplete. Schutte conferred with Zoning Administrator Roger Lane and Board of Adjustment Chair Schulz, who both agreed that the statutory Notice requirements for Appeal 3549, as published, had not been met, so no legal Public Hearing could be held at the October 23, 2008 Board of Adjustment meeting. Schutte notified Paul Bartleson of Kraemer Brothers LLC and all other interested parties in writing on