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Dane County Board of Adjustment Minutes Page 6 of 7 October 25, 2007 Conclusions: 1. Unnecessary Hardship: It would be unnecessarily burdensome to deny a variance to allow a permitted residential use. 2. Unique Limitations of the Property: Original lots created in 1897 and half-lot created later cannot be enlarged without adversely affecting adjacent lots and structures. 3. No Harm to Public Interests: This proposal reduces the number of residences and buildable parcels, supporting the purposes of Shoreland zoning. The application requires a minimal variance. Motion carried: 5 / 0. IV. APPEALS FROM PREVIOUS HEARINGS 1. Appeal 3480. Appeal for reconsideration of Condition regarding maximum lot coverage: Returning from the June 28, 2007 Public Hearing: Appeal by Anne L. Martino for variances from minimum lot width, minimum lot area and maximum lot coverage for a platted lot in the Shoreland district and for a variance from minimum required setback from Ordinary High Water Mark as provided by Sections 11.03(1), 10.05(4) and 11.03(2), Dane County Code of Ordinances, to permit deck addition to existing single-family residence at 2864 Lakeside Street being Lot 4, Block 1, Waubesa Beach, First Addition, Section 08, Town of Dunn. Action of the Board 06/28/2007: Motion: Klopp/Reynolds to grant variance to permit new deck extending no farther than the 66.8 foot average setback to the Ordinary High Water Mark; also permit replacement of the existing stoop with a new stoop connected to the new deck, extending not more than 4 feet from the north wall of the house, and not extending beyond the lake side wall of the house, with Conditions: 1) New deck, replacement stoop, and steps to grade shall be dimensioned to allow not more than a maximum lot coverage of 30% of the lot area; and 2) new deck and stoop must be open and uncovered. Motion carried: 5 — 0. Motion: Schulz/Long to grant variances to minimum lot width and minimum lot area in the Shoreland district to achieve compliance. Motion carried: 5 — 0. Schutte reported that Mary Lou Martino had submitted a reconfigured deck proposal that met most of the Conditions approved by the Board. However, the maximum 30% lot coverage requirement could not be met because there had been incomplete data in regard to actual lot coverage before recalculating it with the proposed addition. Schulte told the Board that Martino and her contractor have decided to reduce the proposed deck addition to two landings with stairs in compliance with all Conditions of Appeal 3480 as granted by the Board, including maximum lot coverage. No reconsideration of Appeal 3480 is necessary. No action was taken by the Board. V. OTHER BUSINESS: 1. Staff report, discussion and possible action as allowed in open session regarding pending litigation against the Dane County Board of Adjustment (Dane County Circuit Court Case Number 07CV0546, Dave Investments, LLC and GCK Investments LLC v. Dane County Board of Adjustment) and status of Ordinance Amendment 36, 2006-2007 (Amending Ch. 11, Providing that Substandard Sized Lots Recorded Prior to Adoption of Shoreland Zoning May be Used as a Building Site) and distribution of related materials of public record to Board members. Schutte reported that she was preparing the Record of Appeal 3437 for the Circuit Court deadline of November 1, 2007. Neither copies nor transcripts of the tapes are required to be included in the Record, at the direction of Judge Flanagan, but the parties to the case have a one-month period in which to request augmentation of the Record. Attorney William O'Connor, representing the Arboretum Neighborhood Association, has intervened and is cooperating with the Board's attorney, Teague Devitt. N.