NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee.

Transcription

1 Dane County Board of Adjustment Minutes Page 1 of 7 NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. DANE COUNTY BOARD OF ADJUSTMENT MINUTES OF THE OCTOBER 25, 2007 MEETING MEMBERS PRESENT: Carleton Hamre, Al Long, Glenn Reynolds, Steven Schulz, Sue Studz. OTHERS PRESENT: Assistant Zoning Administrator Kris Schutte, Zoning Administrator Roger Lane I. CALL TO ORDER: Chair Schulz called the meeting to order at 6:30 p.m. in Room 309 of the City-County Building. II. APPROVAL OF MINUTES Motion by Hamre/Long to approve the Minutes of the September 20, 2007 Site Inspections and the Minutes of the September 27, 2007 Public Hearing. Motion carried, 4 / 0, Studz abstaining. III. PUBLIC HEARING FOR OCTOBER 25, 2007 APPEALS 1. Appeal Appeal by Gametime Sports Bar & Grill LLC et al. for a variance from required minimum setback from road as provided by Section 10.17(1) and (2), Dane County Code of Ordinances, to permit proposed reconstruction of addition to existing commercial building at 6862 County Highway K in part of the SW 1/4 NW 1/4 Section 26, Town of Springfield. COMMUNICATIONS: Springfield: Copy of Minutes from 08/21/2007 Board meeting -- Unanimous approval of Conditional Use Permit for tavern use and games lighted at night, as well for variance for building and final CSM. County Highway Department: 10/24/2007 Memo from Pam Dunphy, Assistant Commissioner: Appeal No improvements should be made within setback. If improvements are allowed, to protect the County s interests, a condition stating improvements made within the setback shall be removed at the owners expense if future highway need[s] require additional right-of-way should be included in the variance. The entrance should be relocated to far west property line and should only be 40 feet in width. VARIANCES REQUESTED: Purpose: Allow reconstruction of portion of tavern removed during remodeling. Setback from Road Variances: As per Survey Revised 10/19/2007 by Thom R. Grenlie, surveyor: County Highway: Minimum setback: 42 feet from County Highway K right-of-way (ROW). Actual Setback: From front lot line: 0.7 feet. VARIANCE NEEDED: 41.3 feet. U.S. Highway: Minimum setback from right-of-way required: 42 feet from US Highway 12 ROW. Actual Setback: From front lot line: 32.2 feet. VARIANCE NEEDED: 9.8 feet. IN FAVOR: Ronald M. Trachtenberg, Murphy Desmond, S.C., Madison, WI -- Attorney for Maier family and Gametime Tavern: Submitted a petition with 304 signatures In Favor to Grant Variance for Game Time. Donald Hoffman, Waunakee, WI Chair, Town of Springfield Jerry Maier, Middleton, WI Jeff Maier, Spring Green, WI AVAILABLE FOR INFORMATION ONLY: Tammy Maier, Madison, WI OPPOSED: None

2 Dane County Board of Adjustment Minutes Page 2 of 7 PROVIDING TESTIMONY FOR DANE COUNTY ZONING DIVISION: Roger Lane, Zoning Administrator. Motion: Hamre/Reynolds to grant variance of 41.3 feet from minimum required setback of 42 feet from right-of-way of County Highway K and variance of 9.8 feet from minimum required setback of 42 feet from right-of-way of U.S. Highway 12 to permit reconstruction of portion of tavern removed during remodeling, as proposed, with Condition as per Dane County Highway Department communication of 10/24/2007, as follows: If improvements are allowed, to protect the County s interests, a condition stating improvements made within the setback shall be removed at the owners expense if future highway need[s] require additional right-of-way should be included in the variance. The entrance should be relocated to far west property line and should only be 40 feet in width. Finding Of Fact: 1. The applicants state that this tavern has been at this location for 75-plus years. They purchased the property recently and began restoration and remodeling. A large portion of the existing tavern building is located within the 42 foot minimum setback from the County Highway K right-of-way (ROW) and a smaller portion is located within the US Highway 12 ROW, so the building is a preexisting non-conforming structure. US Highway 12 and CTH K were originally 66 foot wide rightsof-way. Major changes in the right-of way width occurred recently, as part of the US Hwy. 12 realignment project. 2. Zoning Administrator Roger Lane provided testimony, stating that a zoning permit for reconstruction of the southerly part of the tavern building was denied on 06/07/2007, because the proposed changes were located within highway setbacks. On 06/14/2007, zoning staff and Tammy Maier discussed what interior and exterior remodeling was permitted without a Zoning Permit, not including any structural changes. On 06/20/2007, a Stop Work Order was posted because the owners had removed the southerly portion of the building and installed a new foundation. ZP was issued 06/26/2007 for Remodeling existing tavern and addition, including a 20 x20 addition on the north side plus a porch, both meeting the setbacks from highways. No more than 50% of the existing building was permitted to be removed and replaced because of its pre-existing non-conforming status. 3. During remodeling, the 20.5 x17.4 one-story portion at the south end of the existing structure was removed when the foundation was found to be structurally failing, according to the applicant. The existing foundation was unmortared concrete blocks on a sand base. Trachtenberg explained that the owners were told they could remodel within the existing footprint. Town Chair Hoffman described how the Town Building Inspector and tavern owners had twice confirmed with Zoning that the removal and replacement of the foundation on the existing footprint would not need a zoning permit. The Town Board approved the proposed repairs. 4. The applicants propose to rebuild the southerly portion of the tavern on the exact non-conforming footprint. The space would be used for six tables. Without the addition, tavern seating would be reduced by half. Trachtenberg said the owners are willing to move the driveway entrance as suggested by the County Highway Department. Conclusions: 1) Unnecessary Hardship: Variance will allow reasonable use of a structure that predated the Zoning Ordinance. Restoration will not enlarge the pre-existing footprint. Costs and economic consequences of the project were not considered as constituting a hardship. 2) Unique Limitations of the Property: The County and State Highway rights-of-way were expanded and the setbacks were established after the tavern was built. 3) No Harm to Public Interests: The applicants are willing to comply with County Highway conditions. The portion of the building to be replaced will not interfere with traffic or visibility in proximity to the newly rebuilt, controlled US 12/CTH K intersection. Motion carried: 4 / 1, Long - no.

3 Dane County Board of Adjustment Minutes Page 3 of 7 2. Appeal Appeal by Commerce Building II LLC (The Alexander Co., Inc., agent) for a variance from uses permitted in the C-2 Commercial district as provided by Section 10.14(1), Dane County Code of Ordinances, to allow proposed school use (technical college) at 2496 Rimrock Road (County Highway MM) being Lot 6, Novation Technology Campus, Section 36, Town of Madison. COMMUNICATIONS (as summarized by Schutte as the request of Chair Schulz): Town of Madison 09/07/2007 Acknowledgment; 10/18/2007 Letter describing Town Plan Commission and Town Board recommendations to approve the use variance: school use was consistent with other existing and proposed uses in the Novation Campus [and] would fulfill one of the unrealized goals and objectives of the Town s 2001 Neighborhood Revitalization Strategy Area (NRSA) Plan for the Southdale neighborhood. The school would provide an opportunity for job skills training for the large number of unemployed and underemployed low-to-moderate income persons in this distressed neighborhood, helping to improve their quality of life. City of Fitchburg -- 10/24/2007 Letter from Tom Hovel, Zoning Administrator/City Planner, describing the intergovernmental agreement between the City of Fitchburg and the Town of Madison whereby the Southdale Neighborhood will be annexed into the City [of Fitchburg] on or before Hovel stated that if the property were annexed today, the proposed technical school use would qualify as an educational service as a permitted use. City of Fitchburg -- 10/24/2007 Letter from Mayor Thomas Clauder, stating that he is strongly in support of the requested variance and the proposed technical institute [which] will increase educational opportunities in what has been a distressed neighborhood for many years and will fulfill educational goals highlighted in the Dane County Neighborhood Revitalization Strategy Area Plan. City of Madison -- 10/24/2007 from Brad Murphy, Director of Planning & Development & Economic Development, who did not see anything in the Intergovernmental Agreement that would affect this request from the City of Madison s perspective. Dane County Highway Department: 10/24/2007 from Pam Dunphy, Assistant Commissioner: No comments, ped traffic should be able to be accommodated thru the signalized intersection with Moorland. VARIANCES REQUESTED: Use Variance: Allow school use in the C-2 Commercial district. IN FAVOR: Brad Elmer, The Alexander Company, Madison, WI Matt Meier, The Alexander Company, Madison, WI Mary Reardon, Madison, WI Jim Campbell, Chair, Town of Madison, Madison, WI Chris Howe, Great Wisconsin Credit Union, Madison, WI Ed Freer, The Alexander Company, Madison, WI OPPOSED: None PROVIDING TESTIMONY FOR DANE COUNTY ZONING DIVISION: Roger Lane, Zoning Administrator. Motion: Reynolds/Studz to grant use variance to allow school use in the C-2 Commercial district as proposed. Finding of Fact: 1. Chapter 10 - Zoning of the Dane County Code of Ordinances (DCCO), in Section 10.01(55m), defines school use as any private, public or religious school but does not include either truck driving schools or construction equipment operator schools unless expressly stated otherwise in this chapter. Schools are mentioned as a Permitted Use in only the Local Business (B-1) district: Schools and educational facilities except truck driving or construction equipment operator schools Section 10.11(2)(g). Schools are Conditional Uses in the following districts: Residential (R-1, R-1A, R-2, R-3, R-3A, R-4); Rural Homes (RH-1, RH-2, RH-3, RH-4); Agricultural (A-1, A-

4 Dane County Board of Adjustment Minutes Page 4 of 7 1EX, A-2, A-3). 2. Section 10.16(1)(a) DCCO describes (1) Use. (a) Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a permitted use in any other district shall be construed as a prohibited use in any other district. Therefore, schools are not Permitted Uses or allowed as a Conditional Use in the following districts: Agriculture-Business (A-B); Commercial (C-1, C-2); Limited Commercial (LC-1); Exposition (EXP-1); Industrial (M-1); Conservancy (CO-1). Revisions to commercial districts under the Dane County Code of Ordinances were proposed in 1992 (B-1 District revised under Sub. 2 to OA 29, , pub. 04/22/1992) and in 2001 (no changes resulted). 3. The building at 2496 Rimrock Road was constructed under Zoning Permit (10/02/2006) as a three-story office building (tenants/uses not specified). The shell of the building has been completed, but the interior is unfinished. There are no leases for this building, according to the applicants. The twin to this building, located immediately to the North, is leased to Great Wisconsin Credit Union and for office uses. 4. The site of the Novation Campus was a former brownfield site (flyash landfill) redeveloped as a business park by The Alexander Company, which proposes mixed office/retail/laboratory/ warehousing throughout the campus. They have cooperated with the governments of the City of Fitchburg, Town of Madison, Dane County, State of Wisconsin and U.S. government, and have received funding to support the local economy. A component of the agreement was inclusion of educational opportunities as part of the Novation Campus development. 5. The Alexander Company proposes to allow school use in the C-2 Commercial district, permitting them to lease 20,000 square feet (1-½ stories) to a nationally known technical institute as a use compatible in the C-2 Commercial district. They contend that a school serving adults and housed entirely within a building should be differentiated from schools in general such as elementary and middle schools. Night classes would allow extended use of infrastructure and allow shared use of existing parking. 6. Rezoning to B-1 Local Business was not considered feasible because it would limit the use of the site, according to the applicants. The Dane County Zoning Ordinance does not include any provisions for mixed-use development such as PUDs (Planned Unit Developments). The applicants conferred with the Zoning Administrator, who discouraged appeal of the Zoning Administrator s interpretation in regard to whether a school use could be included under the office and service uses permitted in the C-2 Commercial district. 7. Zoning Administrator Roger Lane observed that the existing C-2 Commercial zoning district was developed in the 1950s, and does not accommodate many modern uses, such as PUDs and mixed uses. The purpose of zoning ordinances is to group compatible uses. A technical school/institutional use is compatible with other permitted C-2 uses. Other local zoning ordinances including the City of Fitchburg s would permit the technical school. The Novation Campus will be annexed to Fitchburg in the future. The ordinance cannot be interpreted to include schools under the specific Zoning Ordinance definition of professional office use. The B-1 district does not support all proposed uses as described by the developer for the Novation campus. Changing the Zoning Ordinance to allow school use in the C-2 district would be a lengthy, difficult and potentially unsuccessful process. 8. Matt Meier of the Alexander Company submitted a printout of the Dane County Zoning website page showing, erroneously, that C-2 Commercial uses included those permitted in the B-1 Local Business district. Conclusions: 1. Unnecessary Hardship: School use of this property is a reasonable use. The need for a variance comes from the Zoning Ordinance, which is outdated: The definition of schools is narrow and there is no provision for Planned Unit Developments or mixed-use developments like the Novation Campus. 2. Unique Limitations of the Property: The Novation Campus will be annexed to the City of Fitchburg in the future, under an existing intergovernmental agreement. 3. No Harm to Public Interests: The proposed use is compatible with other C-2 uses and supports the vision of the community. The existing definition of school was intended to protect school

5 Dane County Board of Adjustment Minutes Page 5 of 7 children from heavier commercial uses; this does not apply to adult education. Providing opportunities for adult education and economic development supports the public interest. Motion carried: 4 / 1, Long - no. 3. Appeal Appeal by Walter B. Olson for a variance from required minimum lot width at the building setback line as provided by Sections 11.03(1) and 10.05(4), Dane County Code of Ordinances, to allow proposed removal and replacement of existing single-family residence at 1964A and 1966 Quam Point Road, being Lot 6 and East 1 /2 Lot 7, Addition to Ole J. Quam s Park, Section 25, Town of Dunn. COMMUNICATIONS: Dunn: 08/14/2007 Acknowledgement; 10/17/2007 Letter The Town Board reviewed [Appeal 3504] and recommends approval No comments were received from neighbors. 10/09/2007 Norb Scribner E ½ Lot 7 is a legal parcel. VARIANCE REQUESTED: Purpose: Allow Certified Survey Map or Deed Restriction to combine two existing substandard sewered Shoreland lots and allow removal of two existing residences and construction of one new single-family residence. Lot Width Variance Minimum lot width at building setback line required: 100 feet. Actual Lot width: feet at building setback line. VARIANCE NEEDED: 0.85 feet. IN FAVOR: Walter Olson, owner, Stoughton, WI Greg Collins, Attorney representing Olson, Madison, WI REGISTERING IN SUPPORT: Eric Olson, Stoughton, WI Greg Pigarelli, Stoughton, WI OPPOSED: None Motion: Hamre/Long to grant variance of 0.85 feet to required minimum 100 feet lot width at the building setback line to allow combining two existing substandard sewered Shoreland lots by Certified Survey Map or Deed Restriction, and allow construction of new single-family residence as proposed. Finding of Fact: 1. Olson owns two legal parcels in Ole J. Quam s Park Addition (original lots platted in 1897). East Half Lot 7 is 5,800 SF with feet lot width, with a one-story house occupied by a renter and concrete boathouse. Lot 6 is 11,630 SF with feet lot width, with a concrete slab parking area near the road and a 2-1/2 story boathouse at the shore. The upper levels of the boathouse have been occupied by a renter until recently. The residential use of the boathouse is a non-conforming use. Platted lot widths are 66 feet for Lot 6 and 33 feet for East Half Lot 7. Combined lot area is 17,430 SF, exceeding the minimum 15,000 SF lot area for sewered lots in the Shoreland district. The combined lot width is feet at the building setback line. 2. Olson proposes to remove the house from the East ½ Lot 7, remove the residential use above the boathouse on Lot 6, and combine the two parcels by Certified Survey Map (CSM) or by Deed Restriction as per Section 10.16(3)(b) DCCO. 3. Olson s prospective buyer wishes to build a new two-story house on the new CSM lot, meeting all required setbacks. The two existing boathouses would remain. The proposed house and two existing boathouses would not exceed the maximum 30% lot coverage.

6 Dane County Board of Adjustment Minutes Page 6 of 7 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 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. Schutte 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, (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, 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.

7 Dane County Board of Adjustment Minutes Page 7 of 7 2. Staff report on status of County Board adoption of Board of Adjustment Rules and Procedures. Zoning Administrator Roger Lane reported that he has referred the Rules to Corporation Counsel, which must draft a resolution to be presented to the Board. Supervisor Pertzborn, the Chair of the Zoning and Land Regulation Committee, will sponsor the Resolution. Lane also gave the Board information regarding the status of OA 36 and the WDNR s response to the three proposed versions. VI. ADJOURNMENT: Motion: Hamre/Long to adjourn. Motion carried: 5 / 0 at 9:02 p.m. Respectfully submitted, Kristine L. Schutte, Dane County Assistant Zoning Administrator, Recording Secretary MINUTES FILED WITH THE COUNTY CLERK: November 07, 2007.