DCPZP-2008-00313 - Laserfiche WebLink

Home Browse Search

Dane County Board of Adjustment Minutes Page 2 of 5 May 22,2008 ZONING ADMINISTRATOR'S COMMENTS: Lane described permitted encroachments for open porches and decks in front and rear yards, which he noted are included to provide for egress from residences. Nelson's proposals cannot be accommodated under these exceptions. Lane also discussed visibility triangle concerns of corner lots, noting that the Zoning Ordinance does not include specific triangle dimensions, but governs such concerns by using setbacks from rights-of-way. Motion: Long/Reynolds to grant variances as per Diagram E as presented, with Condition: That the front porch/walkway and the deck addition not be covered or enclosed in any way. Finding of Fact: The Nelsons bought this property in 2007 as a retirement residence. The N- ^t is zoned R-3 Residential and is in the Shoreland district associated with Lake Waubesa. The 120 foot or 6,000 square feet (SF) lot is located in a subdivision platted in 1909. It has public sewe and is bounded on two sides by the right-of-way of Lakeside Street. The Shoreland district associated with Lake Waubesa extends 1000 feet from the lake. Nelson's lot is across Lakeside Street from the lake, about 170 feet from the water. The minimum lot area in the Shoreland district is 15,000 SF for a sewered lot. The Nelsons' lot has a "raised one-story" residence with an attached garage and raised front porch, covering 1779 SF or 28.71 % of the lot. The maximum allowable lot coverage for a corner lot in the Shoreland district is 35%, the same as in the R-1 Residential district. Maximum lot coverage for a corner lot in the R-3 district would be 40%. The Nelsons' lot has 2,100 SF existing lot coverage or 28.71%. The only open area on their lot is at the northeast end of the house. Mr. Nelson presented Diagrams E, F, and G to the Board, showing three different configurations of a proposed deck and walkway. A deck with steps to grade on the northeast end of the house, adjacent to the existing rear exit door, is proposed, along with an extension of the front porch, providing a walkway connecting it to the proposed deck. Proposals G, F and E showed progressively smaller decks— 12'x20', 11'x20' and 10'x20', respectively. The proposed deck would permit egress from the existing rear door. Nelson cooperated with Zoning staff by reducing the size of the project as originally proposed (a 12'x26' deck). Diagram E shows the smallest proposed addition, which would cover 34.92% of the lot, so the lot coverage variance would not be needed. The minimum setback from the long side of a corner lot with a Class D road such as Lakeside Street is reduced from 20 feet to 12 feet, as per Section 10.16(5)(b)2. The proposed front walkway extension would permit access to the deck from the front door and would not encroach into the front yard more than the existing front porch. A former owner obtained Variance 2628 and a Zoning Permit in June 1995 to add an attached garage on the southwest end of the house. He was granted a 3 foot variance from the minimum 20 foot setback to road ROW for attached garages as per Section 10.16(5)(b)2, and an 18 foot variance to minimum 25 foot rear yard. Diagram E shows a 17.6 foot rear yard for the proposed 10'x20' deck. Nelson explained there is little traffic on Lakeside Street. The proposed deck and porch extension are far enough from the corner that visibility would not be affected. Conclusions: 1) Unnecessary Hardship: Unnecessarily burdensome to prevent increased use of existing permitted use. Setbacks of proposed Diagram E match or reduce those of existing house and earlier variance.