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ounty Board of Adjustment Minutes Page 8 of 11 6,2007 Public Hearing e Shoreland district with Conditions: 1. That before any Zoning Permit is issued for Lot 31, the owner of the lot must provide a site plan in compliance with the criteria of Chapter 11 DCCO including a Shoreland Erosion Control Permit and Chapter 14 DCCO including a Stormwater Management Permit (both permits to be approved by the Dane County Land &Water Resources Department Land Conservation Division) to uphold the purposes of the Shoreland District 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." 2. Compliance with Condition 1)to be determined by the Board of Adjustment before any Zoning Permit is issued for Lot 31. Motion carried: 3— 1 Klopp: No. Motion: LOT 51: Reynolds/Long to approve variances for Lot 51, including 25 feet of vacated right- of-way of Charles Court, Colladay's Point of 4,500 square feet from minimum required lot area and 40 feet from minimum required lot width for sewered lots in the Shoreland district with Conditions: 1. That before any Zoning Permit is issued for Lot 51, the owner of the lot must provide a site plan in compliance with the criteria of Chapter 11 DCCO including a Shoreland Erosion Control Permit and Chapter 14 DCCO including a Stormwater Management Permit (both permits to be approved by the Dane County Land &Water Resources Department Land Conservation Division) to uphold the purposes of the Shoreland District 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." 2. Compliance with Condition 1) to be determined by the Board of Adjustment before any Zoning Permit is issued for Lot 51. Motion carried: 4—0. Conclusions: The following conclusions apply to the Motions for Lots 30, 31 and 51: These lots were platted as buildable lots. The Board wishes to address the concern that without variances, these lots would not be buildable, that is, usable for the purpose for which they were created. These Shoreland district parcels are being dealt with on a case-by-case basis subsequent to the action of the Board on previous Appeal 3437, with the intention of the Board being to uphold the purposes of the Shoreland Ordinance while supporting the rights of property owners. Compliance with the required Conditions will preserve the purposes of the Shoreland Ordinance and the public interest. The variances are not being granted because of financial or other considerations personal to the property owners. Motion: GARAGE & SHED ON LOT 31: Long/Schulz to grant variance of 0.7 feet from setback from right-of-way of Colladay Point Drive and variance from maximum allowable area of residential accessory buildings equal to 50% area of house for 680 square foot existing garage on Lot 31, Colladay's Point to allow existing accessory building to remain on lot without principal residential use. Motion carried: 3- 1, Klopp— No. - Conclusions: Unique Property Limitations: Variance allows pre-existing use to continue. Unnecessary Hardship: Owners did not build the garage, which was originally located on a separate lot. No Harm to Public Interests/Shoreland: Ordinance requirements will govern future use of lot. IV. APPEALS FROM PREVIOUS HEARINGS 1. Appeal 3445 from the 11/16/2006 Public Hearing and the 03/22/2007 meeting: Appeal by Rika Jolie for variances from minimum setback from road, minimum side yard, and minimum setback from Ordinary Highwater Mark as provided by Sections 10.17(3), 10.123(7), and 11.03(2), Dane County