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ounty Board of Adjustment Minutes Page 7 of 11 26,2007 Public Hearing permit him to rebuild on the exact non-conforming footprint, but the home he wishes to build is not located on the same footprint. Carlson showed the Board where he proposes to install three rain gardens on each side of the new home to abate run-off. He hopes to save the large trees on Lots 30 and 31. 5. Lot 31 with the garage and shed would be deeded separately to Karen Carlson, to be sold as a buildable parcel for another single-family home site. Alan Carlson told the Board the 10'x10' shed will be removed shortly; he anticipates that any prospective buyer of Lot 31 would likely remove the old garage in order to use the full lot as a new SFR building site. Carlson did not present a proposed site plan for a specific house on Lot 31. 6. Lot 51 would continue to be owned by Alan Carlson, who hopes to build a "retirement" home for himself on this lot in the future. Carlson did not present a proposed site plan for a specific house on Lot 51. 7. Because of the Board of Adjustment's action on Appeal 3437, reversing the interpretation of the Dane County Zoning Administrator in regard to the buildability of substandard parcels in the Shoreland district, all applicants for development of substandard lots in the Shoreland district must first obtain variances for minimum lot width and area. 8. NOTE: Carlson requests that the lot area and lot width variances for Lots 31 land 51 be effective immediately and not be dependent on zoning permits being obtained within one year as per Section 10.26(9) DCCO. 9. GARAGE AND SHED VARIANCES on Lot 31: A survey from 1992 shows Carlson's existing detached garage on Lot 31 as 19.3 feet from the Colladay Point Drive right-of-way. In the R-3 district, no accessory building is permitted unless there is a principal building on the parcel as per Section 10.04(10(b)1. Ordinarily, the maximum area of residential accessory buildings is 50% of the floor area of the principal building. Since no principal building (residence) exists on Lot 31, it is not possible to determine a variance percentage (680 SF of accessory buildings is still zero percent when there is no house). 10. Dane County Land Conservation Division (LCD) Urban Conservation Engineer Jeremy Balousek was asked to explain the requirements for and difference between Shoreland Erosion (SE) Control and Stormwater Management (SW) Control Permits. In response to questions from the Board, Balousek explained that an applicant may obtain a Chapter 14 Stormwater Management Permit voluntarily even though the site does not meet the usual triggers of the Ordinance, as in the case where the Board required the Stormwater permit as a condition of approval of previous Variances 3450 and 3451. He also addressed the question of how the Land Conservation Division would review the SE and SW permits in regard to the standards of Section 11.03(2): LCD Engineers must evaluate SE and SW Permits in regard to technical requirements only, not whether the permits as issued fulfill the purposes of the Shoreland Ordinance. 11. Members of the Board expressed concern about granting variances for vacant Lots 31 and 51 without specific proposed house plans for these lots, and further expressed the need for advice from the Dane County Corporation Counsel. 12. Run-off for Lot 51 flows to a retention basin to the west, not directly to the lake. The Board agreed by consensus to separate action on each of the three lots. Motion: LOT 30: Reynolds/Long to approve variances for Lot 30, Colladay's Point of 4,020 square feet from minimum required I reaAnd 40 feet from minimum required lot width for sewered lots in the Shoreland district wit ondition t at the Dane County Land &Water Resources Department (Land Conservation Divis' ve a Stormwater Management Permit including rain gardens�as proposed by Carlson, to uphold the purposes-of the Shoreland Distn as listed in Section 11.02(3) Dane County Code of Ordinances: "[P]revent and control water pollution; protect fish spawning grounds, fish and aquatic life; control building sites, placement of structures, preserve shore cover and natural beauty.". Motion carried: 3— 1 Klopp: No. Motion: LOT 31: Reynolds/Long to approve variances for Lot 31, Colladay's Point of 4,360 square feet from minimum required lot area and 40 feet from minimum required lot width for sewered lots in