DCPZP-2008-00575 - Laserfiche WebLink

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JUNE 26, 2008 BOA PUBLIC HEARING STAFF COMMENTS 2. Appeal 3530 by Marsh Family Revocable Living Trust for variances from minimum lot area required in the Shoreland district and for minimum required rear yard as provided by Sections 11.03(1), 10.05(4) and 10.07(8), Dane County Code of Ordinances, to permit proposed garage addition to existing single-family residence and Certified Survey Map for compliance at 2160 Zor Court, being Lot 72, Colladay's Point and the North Half of Vacated Charles Court, in the SW 1/4 SE 1/4, Section 23, Town of Dunn. OWNERS: Marsh Family Revocable Living Trust (Glenn & Karen Marsh) AGENT: Same LOCATION: 2160 Zor Court ZONING DISTRICT: R-3 Residential & Shoreland — Lake Kegonsa COMMUNICATIONS: Town of Dunn 05/12//2008 Acknowledgement and 06/17/2008 Action: Town Board "recommends approval." Facts of the Case: Existing: • The Marshes own Lot 72, Colladay's Point -- platted dimensions of 60'x150' or 9,000 SF -- a sewered lot platted in 1939, located on a corner of Zor Court and Colladay Point Drive, across from the lake but within 1000 feet, in the Shoreland district associated with Lake Kegonsa. • The Marshes' legal description also includes the northerly half of the abutting vacated ROW of Charles Court, a 50 foot right-of-way (ROW) included in the Colladay's Point plat, but never developed for public or private use. Including the vacated Charles Court area of 25'x60', the Marshes' overall lot size is 60'x175' or 10,500 square feet (SF) combined. See Zoning Notes, below. • Marshes' property does not meet the minimum required 15,000 square feet lot area in the Shoreland district of for a sewered lot, but has more than the complying 100 feet of lot width on Zor Court. • The Marshes property includes their two-story house, a detached garage and an 8'x10 storage shed. • The house (29.89'x40'+- plus 14'x19.5' porch) and detached garage (18'x30'+-), located on Lot 72 (not including the vacated ROVV), meet minimum road setbacks, maximum 35% lot coverage (22+-% existing) for a corner Shoreland lot and height requirements. • The house meets the minimum 25 foot rear yard setback from the south lot line of Lot 72, not including the vacated ROW. • At 9.5 feet, the house doesn't meet the minimum 10 feet east side yard setback from the east lot line; at 9.9 feet, the detached garage doesn't meet the minimum 10 feet east side yard. Proposed • The Marshes have begun the process of recording a Certified Survey Map to combine Lot 72 and the vacated ROW of Charles Court, thus eliminating the south line of Lot 72. • The Marshes wish to remove the detached garage and add a 28'x36' (1,008 SF), 3-stall attached.garage. It would meet front (20' from Zor Court ROW) and side yard (10 foot from east PL) setbacks and maximum lot coverage (proposed addition, existing house and small shed would cover 24.5% of the new CSM parcel, including the vacated ROW). • The proposed attached garage would be approximately 29 feet from the south line of the vacated ROW, meeting minimum rear yard setback of 25 feet. Zoning Notes: • The Town of Dunn vacated Charles Court by Resolution and recorded the document in 1998. It appears that no transfers to adjacent property owners were recorded, but statutorily, the adjacent portions of the ROW revert to them. • Although Land Division Review Officer Norbert Scribner did not receive an official Parcel Status Determination request from the Marshes, AZA Schutte discussed the status of the platted lot and adjacent vacated ROW with him. Scribner offered an unofficial opinion that a Certified Survey Map is the only way to eliminate the south lot line of Lot 72 as a setback line. • It appears the Marshes are proceeding with the Certified Survey Map process to combine Lot 72 and the adjacent northerly half of the vacated ROW of Charles Court. If they do so, no rear yard setback variance