DCPZP-2008-00254 - Laserfiche WebLink

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Dane County Board of Adjustment Minutes Page 2 of 9 April 24,2008 2. Lowe stated that the lot area shown is measured to the current water level; if measured to the Ordinary High Water Mark (OHWM), he stated there is 18,500 square feet of lot area. 3. The original house was built in 1961, according to Lowe. A Zoning Permit for a 6 foot by 12 foot pump house/shed addition on the north side of the house was issued to Lowe in 1977. 4. Lowe recently removed and replaced the pump house/shed on the existing footprint because it had been damaged by high water levels of Fish Lake. He also replaced some structural members of the existing porch and replaced a concrete stoop with a new 5 foot by 9 foot wooden deck and steps, both on the south side of the house. The existing house and all additions meet the minimum side yards, setback from the OHWM and maximum lot coverage requirements. 5. Lowe stated he obtained a building permit from the Town Building Inspector to remove and replace the shed. Neither he nor the Town Building Inspector apparently knew that he needed to obtain a Dane County Zoning Permit. 6. The Lowe's house and lot, along with others in this subdivision, have been affected by high water levels of Fish Lake in recent years. The lake is being pumped by the County and WDNR to try to maintain a more livable level. Conclusions: 1) Unnecessary Hardship: Although ignorance of the need for a Zoning Permit and reliance upon the advice of the local building inspector are not valid reasons for granting a variance, the additions allow continued use of the property for its permitted residence purpose, and denying the variance would be unnecessarily burdensome. 2) Unique Limitations of the Property: The increasing water level of Fish Lake in recent years is an unusual situation affecting this house and lot. The lot as created in 1957 was much larger (before rising lake levels reduced the usable lot area). The applicant cannot obtain additional lot width from neighbors, whose lots are also substandard pre-existing non-conforming Shoreland parcels. 3) No Harm to Public Interests: The additions were replacements, not additions, on the existing footprints for the most part, and have no additional impact on the Shoreland district. Hamre suggested that the Zoning Division should communicate the requirements for County Zoning Permits to Town governments generally and to Town Building Inspectors particularly, to help avoid misunderstandings, subsequent Zoning Division enforcement, and unnecessary variance applications. Motion carried: 3—0. 2. Appeal 3524. Appeal by Harbort Living Trust et al. (Ron Williamson, Williamson Surveying and Associates, LLC, agent) for variances from minimum lot widths, minimum lot areas, minimum side yards and minimum rear yard as provided by Sections 10.071(4), 10.08(4), 10.08(7), and 10.08(8), Dane County Code of Ordinances, to permit proposed lot line reconfiguration by Certified Survey Map for one existing single-family residence, five existing multi-family residential buildings and one existing duplex, at and East of 1917, 1919 and 1921 Sherman Avenue et al., located in the SE 1/4 NE 1/4, Section 12, Town of Madison. COMMUNICATIONS: 03/10/2008 Town of Madison Acknowledgement; 04/18/2008 Letter received 04/21/2008 from D. Richard Rose, Director of Public Works, Town of Madison: On 04/04/2008, the Town Board voted to recommend approval of both Variance Appeal 3524 and Rezone Petition 9882 "with the Condition that a Certified Survey Map be recorded." VARIANCES REQUESTED: Purpose: Rezoning and Certified Survey Map to bring existing uses into compliance and permit proposed condominium use. Variances Needed for Proposed Lot 2: Minimum required lot width at building setback line for lot with single-family residence and multiple-family residential uses: 60 feet (Sections 10.08(4)(b)1., 10.08(4)(b)2., 10.071(4)(b)) Proposed lot width at building setback line: 52.4 feet