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<br /> Board of Adjustment Minutes September 28,2017
<br /> Zoning Notes:
<br /> • Under DCCO 11.06(5)(a)the minimum setback for all buildings and structures from
<br /> wetlands greater than 2 acres is 75 feet(as described in 11.03(2)).
<br /> • As adopted by the Dane County Board, for the purposes of shoreland and wetland
<br /> zoning regulations, the definition of a structure is"anything constructed or erected, the
<br /> use of which requires permanent or temporary location on the ground, or attached to
<br /> something having a permanent or temporary location on the ground, including but not
<br /> limited to any building dwelling, manufactured building, manufactured home, mobile
<br /> home, house trailer, recreational vehicle, boathouse, boat shelter, advertising sign, deck,
<br /> patios, driveways, fences retaining walls, or other improvements or any part of such
<br /> structure. A structure includes any permanent or temporary appurtenance attached
<br /> thereto.
<br /> • Wisconsin Statutes, for the propose of shoreland regulation, define a structure to
<br /> mean a principal structure or any accessory structure including a garage, shed,
<br /> boathouse, sidewalk, walkway, patio, deck, retaining wall,porch, or firepit.
<br /> • Dane County Zoning requires a 75 foot setback from the boundary of a wetland to
<br /> driveways and parking lots.
<br /> • When development is proposed in, around, or near wetlands or on sites where
<br /> wetland indicators are present Dane County Zoning requires the wetland to be delineated.
<br /> For the purpose of permitting, wetland delineations that meet the following are accepted:
<br /> o Delineation was conducted within the past 5 years.
<br /> o Delineation was performed by a Wisconsin DNR assured wetland delineator—OR—if
<br /> not conducted by an assured delineator, was submitted to the Wisconsin DNR for review
<br /> and concurrence.
<br /> • After a site visit and review of the 2015 delineation, it appears that a portion of the
<br /> site that may contain wetlands was not within the area of review as indicated on Exhibit
<br /> #35 of the study. Without further investigation it is unknown if the development proposes
<br /> the filling of wetlands or would require greater relief than what is being requested. If the
<br /> Board finds that a legal hardship exists and relief is warranted, staff recommend deferring
<br /> approval until such a time that a delineation of the entire development site is complete.
<br /> o After the above staff recommendation was provided to the applicant, the applicant
<br /> provided staff with additional information, in particular photographs that showed the
<br /> installation of straw bales in a ditch as part of erosion control for the highway project.
<br /> Wisconsin DOT Project Manager, Craig Pringle, confirmed via e-mail that the ponding
<br /> was a result of the erosion control practice. Since the bales have been in place for
<br /> several months during a wet summer there had been some standing water and vegetation
<br /> growth in the sediment. The WsDOT project will be removing the bales, excavating the
<br /> trapped sediment, and restoring the ditchline to the preconstruction condition the week of
<br /> October 11th.
<br /> • Chapter 11 DCCO defines wetland as those areas where water is at, near or above
<br /> the land surface long enough to be capable of supporting aquatic or hydrophytic
<br /> vegetation and which have soils indicative of wet conditions. The ordinance does not
<br /> differentiate between natural, artificial, or man-made wetlands.
<br /> • Given the additional information, staff recommend that the Board first focus on
<br /> determining if the proposed development and site qualifies for a variance as requested
<br /> based on the applicant satisfying the criteria necessary for relief, then if needed, the
<br /> Board discuss the wetland status of the lands not included in the delineation.
<br /> • The purpose of wetland regulations in Chapter 11 is to maintain safe and healthful
<br /> conditions, to prevent water pollution, to protect fish spawning grounds and wildlife
<br /> habitat, to preserve shore cover and natural beauty, to conserve inland-wetland areas
<br /> occurring throughout the unincorporated areas of Dane County, and to control building
<br /> and development in wetlands whenever possible. When development is permitted in a
<br /> wetland, the development should occur in a manner that minimizes adverse impacts upon
<br /> Dane County Page 3 Printed on 10/2/2017
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