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Board of Adjustment Minutes September 28,2017 1. Appeal 3685. Appeal by Wisconsin Fuel LLC, owner; Golden Green Properties LLC, owner; and Dave Uttech, Keller, Inc, agent, for a variance from minimum required setback to a wetland as provided by Section 11.06(5), Dane County Code of Ordinances, to permit proposed gas station with convenience store and fast food restaurant with drive-thru; auto repair and sales at 2741 & 2763 County Highway N being Lot 1 CSM 11192 & additional lands in the NE 1/4 of the SW 1/4, Section 9, Town of Pleasant Springs. VARIANCES REQUESTED: 73 Feet. Assistant Zoning Administrator(AZA)Hilbert presented a Staff Report reporting facts of the case. IN FAVOR: Eric Drazkowski&Kave Uttech made testimony to the Board and spoke in favor of the appeal and stated that the stormwater management plan would provide better water to the wetlands than current conditions. Ted Gement, owner, spoke in favor of the appeal. David Pfeiffer, Town of Pleasant Springs Chair, spoke in favor of the appeal. ZONING ADMINISTRATOR'S COMMENTS: Zoning Administrator, Roger Lane, stated that the setback is intended to create a buffer between development and sensitive environmental features and the developer presented a plan that has not taken into account the required setback. OPPOSED: [None. The Chair stated no rebuttal was needed.] Finding of Fact: Existing: • The proposed development is contained by two existing parcels of land located in the southwest quadrant of the Interstate 39 and County Highway N interchange. • The northern parcel includes an automobile fueling station and fast food restaurant with a drive thru window;the south parcel has been used for automotive sales, service, and truck repair. • The Wisconsin Wetland inventory indicates the presence of wetlands on both parcels. • As part of the 1-39/90 Expansion Project, WisDOT is almost complete in reconstructing the 1-39/90 and County N interchange into a diamond interchange with three roundabouts. From 2012 to 2015 during the design stage of this project, a delineation of the wetlands in the southwest quadrant of the interchange was conducted to facilitatesDOT in obtaining federal permits to deposit fill materials within the wetland. The conditions of the ACOE permit required mitigation in the form of credits from the World Dairy Wetland Mitigation Bank. • The aforementioned wetland delineation was submitted by the applicants as part of the variance request. Proposed • The applicant proposes to rezone the C-1 portion of the development to C-2 and combine the parcels into a single certified survey map lot for the propose of redevelopment. • The redevelopment will include an auto/truck fueling station, truck scale, convenience store, food service, restrooms and showers, and a fast food restaurant with a drive thru window. • The development proposes locating heavy duty asphalt and concrete, a fuel canopy, a truck scale, concrete curb, and retaining wall within 75 feet of the delineated wetland boundary. Dane County Page 2 Printed on 10/2/2017