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Board of Adjustment Minutes September 28,2017 <br /> 3. Appeal 3687. Appeal by Dalby Farm LLC, owner; David Dinkel, agent, for <br /> a variance from minimum required setback to a wetland as provided by <br /> Section 11.06(5), Dane County Code of Ordinances, to permit proposed <br /> driveway access to two residential lots on Graffin Lane being described as <br /> Lots 1 & 2 of CSM 13253 located in Section 27, Town of Deerfield. <br /> VARIANCES REQUESTED: 73 Feet. <br /> Assistant Zoning Administrator(AZA)Hilbert presented a Staff Report reporting facts of <br /> the case. <br /> IN FAVOR: David Dinkel, agent,presented a case to the Board stating that this site had <br /> been approved by both the Town and County for residential development prior to a <br /> change in ordinance that required a setback for a driveway. <br /> ZONING ADMINISTRATOR'S COMMENTS: Zoning Administrator, Roger Lane, stated <br /> that this variance appeal was for the minimum amount of relief to allow a development <br /> previous approved by both the Town and County and staff had no objections. <br /> OPPOSED: Tami Graffin, adjacent property owner, spoke in opposition to the variance <br /> stating that allowing the variance will result in the flooding of her property. David Dinkel <br /> was allowed 3 minutes for rebuttal. <br /> Finding of Fact: <br /> Existing: <br /> Facts of the Case: <br /> Existing: <br /> • Land was rezoned to RH-2 Rural Homes in 2009 to allow for residential development <br /> and two CSM lots were created. <br /> • Both lots have been intended to be accessed by a shared driveway for which a <br /> shared driveway easement exists. <br /> • A wetland delineation has been conducted by Stantec on 8/7/2017 and the results of <br /> the delineation were recorded on a plat of survey by Wisconsin Mapping, LLC. A full <br /> delineation report has been received and reviewed by Dane County Zoning. <br /> Proposed <br /> • The applicant proposes to develop driveway access to the building sites to allow for <br /> future residential development. <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 /> Dane County Page 8 Printed on 10/2/2017 <br />