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• <br /> Board of Adjustment Minutes-Final Unless Amended January 26,2017 <br /> by Committee <br /> minimum side yard setbacks required in condominium plats. Previous variance appeals <br /> and zoning permits for this condominium plat have used an interpretation requiring that <br /> each house be provided with its own 10 foot side yard, as if each house were located <br /> on a separate lot. <br /> Zoning Notes and History <br /> •Dane County Zoning has been working with the owner since 2014 on potential <br /> development options for this unit. During this time there have been significant changes <br /> to State shoreland zoning laws. <br /> •ln March of 2015 zoning staff met on site with the owner, staff informed the owner that <br /> additional information related to the existing structure and property would be needed to <br /> determine various regulations. <br /> •In March of 2016 a memo was provided to the owner outlining two development <br /> scenarios to aid the owner in redevelopment of the property. The memo is attached <br /> and should be considered part of this staff report. <br /> •A significant portion of regulations pertaining to this property are due to the inclusion in <br /> the shoreland zoning district. State laws related to non-conforming structures allows <br /> this structure to be rebuilt in it's existing footprint without a shoreland zoning permit, <br /> however the proposed plan will require a shoreland zoning permit due to the expansion <br /> to the south beyond the existing footprint. The expanded area is subject to shoreland <br /> zoning regulations and will require that the increase in the impervious surface ratio of <br /> the entire condominium property be mitigated. Based on discussions with the agent <br /> and engineer it is likely that the mitigation will be provided in the form of infiltration of <br /> stormwater in a common area of the condominium. <br /> •As proposed, staff finds that floodplain zoning regulations will be satisfied, but <br /> recommends that any variance, if granted, include a condition that: an engineer <br /> stamped plan be required stating that no change to the floodplain will result due to this <br /> development, that the crawlspace be at or above the base flood elevation, that the first <br /> floor be elevated to the flood protection elevation, and that stormwater runoff not be <br /> directed toward neighboring condominium units. <br /> •Precedence has been established that in the R-4 Zoning district that each separate <br /> structure, regardless of condominium unit boundaries, shall provide the required bulk <br /> requirements, such as side yard, independently. <br /> •Violation History: No violation history was found for this unit. <br /> Variance History: <br /> •Numerous variances have been issued for the Watercress Park Condo property, <br /> please see the attached minutes of the variances for more information. <br /> Appeal Date <br /> • 1892 9/7/1989 <br /> •1959 3/22/1990 <br /> •1974 5/24/1990 <br /> •1977 5/24/1990 <br /> •2010 7/26/1990 <br /> •2023 8/23/1990 <br /> •2033 9/27/1990 <br /> •2034 9/27/1990 <br /> •2035 9/27/1990 <br /> •2058 10/25/1990 <br /> •2300 9/24/1992 <br /> •2572 10/27/1994 <br /> •2603 2/23/1995 <br /> •2800 2/27/1997 <br /> •3014 3/25/1999 <br /> •3082 3/23/2000 <br /> Dane County Page 3 Printed on 1/30/2017 <br />