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Dane'County Board of Adjustment Minutes Page 5 of 8 • June 26,2008 STAFF NOTE: The Marshes and their contractor will submit revised garage addition plans for staff review. The Zoning Permit may not be issued until the CSM is recorded. Note: Hamre left the meeting at 7:31 p.m. 3. Appeal 3531. Appeal by Dale & Shirley Hansen for variances from minimum rear yard as provided by Section 10.06(8), Dane County Code of Ordinances, to allow land division by Certified Survey Map and to bring existing single-family residence into compliance at 2714 Yahara Road in the NE 1/4 NE 1/4, Section 32, Town of Pleasant Springs. COMMUNICATIONS: Town of Pleasant Springs 05/15/2008 Acknowledgement and 06/18/2008 Action: "On June 17, 2008, the Pleasant Springs Town Board, consisting of 5 members, denied the variance from the minimum rear yard setback, with two members voting in favor and three members voting in opposition." (Staff note: Schutte spoke with Donna Vogel, Pleasant Springs Town Clerk, who explained that the Town Board and Plan Commission look for compliance with six (6) published standards when considering a variance application. Applicants must show how they meet each of the six standards.) 04/24/2008 Letter from City of Stoughton Clerk to Norbert Scribner, Dane County Land Division Review Officer: City approved the proposed two-lot Hanson Certified Survey Map (CSM) in Stoughton's Extra-Territorial Zoning Jurisdiction area, contingent upon Stoughton Utilities recommendations, and approval by Dane County and Town of Pleasant Springs. 03/27/2008 Letter from Stoughton Utilities: "No objection" with conditions. 05/14/2008 Notice written by the Hansons describing their intentions, signed by six neighbors, submitted with their Appeal 3531 application. VARIANCES REQUESTED: Purpose: Allow land division by Certified Survey Map and bring existing single-family residence into compliance. Rear Yard Setback Variance: Minimum required rear yard: 35 feet. Actual Setback from north lot line: 21.0 feet, as constructed. VARIANCE NEEDED: 14 feet. IN FAVOR: Dale Hanson, Stoughton, WI -- owner OPPOSED: None Motion: Long/Schulz to grant a variance of 14.0 feet from the minimum required 35 feet rear yard setback, to allow land division by Certified Survey Map and compliance for existing single-family residence, as constructed. Motion carried: 3—0. Facts of the Case: 1. The Hansons' home is located on a 1.2+- acre, R-2 Residential, sewered, unplatted parcel at the corner of Oakview Drive and Yahara Road, with frontage on the Yahara River. This lot meets minimum lot width and area requirements of the Shoreland district. 2. The Hansons built a home on this parcel in 1997, then rebuilt on the existing foundation after the 2005 tornado destroyed the house. 3. The existing house uses the Oakview Drive frontage as the "front" yard with about 200 feet of setback. The north side of the lot line is a minimum 10 foot "side" yard; the existing house, at 21.0 feet, meets this setback. The house meets other Zoning and Shoreland Ordinance requirements, including setback from the Yahara Road right-of-way, setback from the Ordinary High Water Mark (OHWM) of the Yahara River, and maximum lot coverage and height. 4. The Hansons have submitted a Preliminary two-lot Certified Survey Map to the Dane County Land Division Review office. The existing house would be located on a 37,000 square foot (SF) lot (0.8 acre) with more than 200 feet of frontage on Yahara Road. The second lot at the corner would be 18,600+- SF (0.4 acre) with more than 100 feet of frontage on both roads. Both new lots would