DCPZP-2009-00409 - Laserfiche WebLink

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• DRAFT MINUTES OF 06-25-2009 DANE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING 2. Appeal 3567 by Dana Duppler for variances from minimum required setback from roads as provided by Sections 10.17(2) and (4), Dane County Code of Ordinances, to permit restoration of existing commercial building as proposed at 6904 Paoli Road (also known as Washington Street and as County Highway PB), being Lot 1 and East 10 feet Lot 2, Block 11, Village of Paoli Plat, Section 3, Town of Montrose. COMMUNICATIONS: 04/20/2009 Violation letter from Zoning Inspector Pat Klinkner 05/12/2009 Town of Montrose acknowledgment 06/17/2009 A Letter from Town of Montrose Chair Roger Hodel supporting the variance was read into the record at the direction of the Chair. 06/18/2009 Email from Pam Dunphy, Assistant Commissioner, Dane County Highway Dept.,: "No apparent conflict with County Highway." 06/18/2009 A letter from Peggy Ishmael, 1600 Range Trail, Verona, WI, supporting the variance, was read into the record at the direction of the Chair. VARIANCES REQUESTED: Purpose: Restoration of more than 50% of an existing conforming use building in a non-complying location. Setback from Road Variance: Minimum setback from Class B (County Highway PB) right-of-way (ROW) required: 42 feet. Actual setback from CTH ROW: 8.5 feet (after proposed removal of small addition on south side). VARIANCE NEEDED: 33.5 feet. Setback from Road Variance: Minimum setback from Class D (Range Trail) right-of-way required: 20 feet. Actual setback from Range Trail ROW: Zero ("0") feet. VARIANCE NEEDED: 20 feet. IN FAVOR: Dana Duppler, Belleville, WI, owner ZONING ADMINISTRATOR'S COMMENT: Assistant Zoning Schutte reported that Zoning Administrator Roger Lane had no objection or recommendation regarding this appeal. OPPOSED: None Motion: Kay/Studz to grant a 33.5 foot variance from the minimum required 42 feet setback from the County Highway PB right-of-way and to grant a 20 foot variance from the minimum required 20 feet setback from the Range Trail right-of-way, to permit restoration of more than 50% of an existing conforming use building in a non-complying location, as proposed. Finding of Fact: 1. Duppler owns a corner property in the rural unincorporated hamlet of Paoli. The 55 feet North-to- South x 76 feet East-to-West parcel includes Lot 1 (zoned C-1 Commercial) and a 10 foot strip of Lot 2 along the west side (zoned R-1 Residential), in Block 11 of the Plat of the Village of Paoli (1856). 2. The existing building on Lot 1 was constructed in 1920, and was formerly a gas/service station until 1990. It does not meet setbacks from either County Highway (CTH) PB or Range Trail rights- of-way. The setbacks from roads and 10 foot side and rear yards leave only a 3 foot x 46 foot buildable area on this property. 3. Duppler purchased this property in 2009, planning to restore the building (including eliminating three small additions to the original structure) and sell it, to be used for a legal C-1 purpose. Zoning Division inspection in April 2009 determined that more than 50% of the existing building had been removed.