DCPZP-2008-00197 - Laserfiche WebLink

Home Browse Search

Dane County Board of Adjustment Minutes Page 5 of 15 June 28,2007 06/21/2007 Letter from Cami Peterson, WDNR Water Regulations and Zoning Specialist, recommending denial. 06/27/2007 Email from Rosalind Gausman, Clerk, Town of Dunn including an excerpt from Minutes of the 05/21/2007 Town Board meeting indicating Town approval with no conditions. VARIANCES REQUESTED: Lot Area and Width Variances from minimum 15,000 SF lot area and minimum 100 feet lot width in the Shoreland district: Needs variances of 6526 SF and 50 feet. Lot 4 = 8474 SF surveyed and 50 feet platted width (50.02 feet surveyed width). Setback from OHWL Variance: Needs variance of 10.6 feet. (Average setback 66.8 feet minus proposed setback to deck (not including steps on lake side) 56.2 feet = 10.6 feet.) Maximum Lot Coverage Variance: Needs variance of 2% or 167 SF. Proposed 32% - maximum 30% or proposed 2709 SF- 2542 SF allowed IN FAVOR: Mary Lou Martino, occupant of 2864 Lakeside Street: Submitted Plat of Survey Revised 06/27/2007, showing setbacks to the neighbors' houses on lots adjoining 2864 Lakeside Street. OPPOSED: None 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. Finding of Fact: 1. Existing sewered lot in Shoreland area of Lake Waubesa has single-family residence with two side yard stoops and a lake side stoop, and has a boathouse and detached garage. None of the existing buildings meets all required setbacks. 2. Owner proposes to build a 14.1'x18.1' (254 SF) deck, (after removing the existing lake side stoop). New deck would meet minimum setback to side lot line and would not extend closer to Ordinary High Water Mark (OHWM) than existing house. Average setback to OHWM is 66.8 feet. 3. Lot area is 8474 SF to OHWL as per Plat of Survey 04/17/2007; 30% max lot coverage in Shoreland area is 2542 SF. Existing lot coverage is 29.6%. Removing the existing stoop and stairs and adding the proposed deck would cover 32% of the lot. 4. Lot 4, Block 1, Waubesa Beach, First Addition is 50 feet wide; it was platted in 1909. The house was built in 1956, according to the agent. This lot was an existing legal substandard, non-conforming, "grandfathered" lot in regard to lot width before the action of the BOA on Appeal 3437 in November 2006. 5. According to agent, neighbors have decks of similar sizes to that proposed. Agent expressed willingness to install a rain garden to enhance infiltration of runoff, and to reduce size of deck. Conclusions: 1. Unnecessary Hardship: Reasonable to allow replacement of deteriorated stoop to preserve use of lot for a permitted purpose. 2. Unique Limitations of the Property: Existing narrow lot was platted and house was built before Shoreland regulations became effective.