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

July 27, 2006 Dane County Board of Adjustment Minutes Page 1 of 8 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 JULY 27, 2006 MEETING MEMBERS PRESENT: Al Long, Glen Reynolds, Steven Schulz, Sue Studz. OTHERS PRESENT: Kris Schutte, Assistant Zoning Administrator I. CALL TO ORDER: Chair Schulz called the meeting to order at 6:35 p.m. in Room 310 of the City-County Building. II. PUBLIC HEARING FOR JULY 27, 2006 APPEALS 1. #3429. Appeal by James & Joanne Robarts for a variance from minimum required setback from Ordinary Highwater Mark as provided by Section 11.03(2)(b), Dane County Code of Ordinances, to permit replacement of flood-damaged portion of single-family residence as proposed at 7888 Fish Lake Road, being Lot #13, Gaukel s Fish Lake, Section 3, Town of Roxbury. 06/06/2006 Letter from Robert Pings, Clerk, Town of Roxbury: Town Board on June 5, 2006, approved a variance request for the James & Joanne Robarts residence at 7888 Fish Lake Road. Needs variance of 7.8 feet from average minimum required setback to Ordinary Highwater Mark (OHWM). (Average of Lot 12: 36.2 feet to deck + Lot 14: 5.4 feet to house = 20.8 feet minus 13 feet setback to OHWM for proposed addition.) IN FAVOR: James Roberts He and his wife have been owners since 1997 of home built in 1960s with addition in 1980s (Robarts added attached garage in 1997). Septic system is located on west (road) side of house. A 12 x20 living room on the lake side of the existing house was damaged beyond repair during floods of 2000-02 and removed. The owners also lost a large lake side deck. The owners now wish to replace the living room only (same size and location). The new living room will be built on piers to match the finished floor level of the existing home. Motion: Reynolds/Long to grant variance of 7.8 feet from average minimum required setback to Ordinary Highwater Mark to permit living room addition using the same footprint as the room that was damaged by flooding. Finding of Fact: 1. OHWM of Fish Lake has been raised since the original living room was built see History. 2. At 862.66 Mean Sea Level (MSL), both existing home and new living room will be above the 100-Year Floodplain elevation of 859.6 MSL. 3. The Shoreland Ordinance allows averaging of the two nearest neighbors homes to determine a reduced minimum setback (usual minimum setback is 75 feet). Average of Lot 12 and Lot 14 setbacks is 20.8 feet minimum setback from OHWM. Note: The setback for Lot 12 includes a deck under Zoning Permit 38957, obtained in 1987. 4. History of Fish Lake Water Level: The Fish Lake Ordinary High Water Mark was 856.46 MSL as set by the Wisconsin Department of Natural Resources (WDNR) 11/03/1993. The lake is fed by springs and runoff and has no outlet. Its level rose and began to cause flooding in the 1990s, according to Jeff Schure, Water Regulations and Zoning Specialist, WDNR. The OHWM was increased to 858.70 MSL by the WDNR 06/22/1998. After more flooding in 2000-2002, the WDNR and Dane County began to reduce the water level by

July 27, 2006 Dane County Board of Adjustment Minutes Page 2 of 8 pumping to land near the Wisconsin River. No new OHWM has been set by the WDNR. The existing water level is being reduced to the OHWM, at which time the lake level will remain stable. Conclusion: 1) Unnecessary Hardship: Variance is necessary to allow owners reasonable use of their property as it existed before flooding. Septic system limits possible location of living room addition on road side of house. 2) Unique Limitations of the Property: History of Fish Lake level changes has created the hardship. 3) No Harm to Public Interests: Owners propose design that meets all floodzone-related regulations. WDNR has raised no objections. Motion carried: 4-0 2. #3430. Appeal by Gregory & Marcie Purcell for a variance from minimum required setback from Wetlands boundary as provided by Section 11.06(5), Dane County Code of Ordinances, to permit new single-family residence or addition/alteration of existing residence as proposed at 95 County Highway B, being Lot #1, CSM 4284 in the NW 1/4 SE 1/4, Section 13, Town of Christiana. 05/11/2006 Letter from Nancy Brattlie, Clerk, Town of Christiana: Town Board approved a variance for Gregory and Marcie Purcell to build home off of Highway B at a meeting on May 9, 2006. 07/18/2006 Letter from Pamela Dunphy, P.E., Dane County Highway and Transportation Department: CTH B is a controlled access highway. [Reduced h]ighway setback for new buildings should not be permitted. If improvements are allowed [within the minimum 42 feet setback from the CTH B ROW, as clarified by Dunphy], to protect the County s future interests, a condition stating improvements made within the setback shall be removed at the owners expense if future highway needs require additional right-of-way should be included in the variance. Needs variance of 30 feet more or less to rebuild or enlarge existing home -- minimum 75 foot setback from delineated Wetlands boundary minus 45 feet more or less setback for proposed new home. IN FAVOR: Chris Miller, Chris Miller Construction, LLC, contractor Owners wish to remove and replace existing home with 1050+- square feet footprint and existing detached garage with a new onelevel home with no basement and attached garage. House is 100+ years old, and is in deteriorating condition. Partial cobblestone basement of existing house is wet and has less than 6 foot ceiling height. The new house would be located beyond the limits of the 100-Year Floodplain. New Wetland setback regulations and location of existing well on north side of house and septic system on south side of house limit location and size of new home. Applicants propose that new replacement home would eliminate encroachment into County Highway setback and avoid the existing well. Gregory Purcell, applicant and son-in-law of original landowners and current occupants. Proposed One-story home was designed with future health concerns in mind, but Purcell (and Miller) admit that other site and floor plans may meet needs and comply more closely with Wetland setback limitations. Finding of Fact: 1. Owners wish to replace existing home on a 6.0 acre parcel. Extensive Floodzone and Wetland areas associated with a tributary of Koshkonong Creek leave limited buildable area. Parcel also includes two sheds (one used as a detached garage) and a tobacco shed.

July 27, 2006 Dane County Board of Adjustment Minutes Page 3 of 8 2. The minimum 75 foot Wetlands boundary setback was adopted by Dane County on June 23, 2005, further reducing the buildable area on this lot. 3. The existing house and the two sheds are not located in either Floodplain or Wetlands boundaries. They do not meet the 75 foot setback from Wetlands, but as grandfathered structures, any addition, alteration or replacement must meet all standards of Section 11.06(5) Dane County Code of Ordinances (DCCO). 4. The Wetland setback ordinance permits replacement of up to 150% of existing footprint of any structure, provided it does not extend closer to the Wetlands boundary. The existing home, including the deck, could be rebuilt up to 150% of the existing size, and the existing garage could also be built up to at 150% existing size. However, the two 150% increments may not be combined under Zoning Ordinance provisions. 5. Owner and contractor are willing to consider alternatives using 150% of current house footprint and related approaches to redesign the home and use the site to meet Wetland setback standards more closely. 6. Existing house to be replaced does not meet the 75 foot setback from the centerline of right-of-way of County Highway B. Proposed new house will meet the minimum setback from road. Motion: Long/Reynolds to abey the matter for up to 60 days to allow the applicant to prepare a more specific plan addressing the restrictions of the lot, and to publish a new Pubic Hearing Notice if necessary. Motion carried: 4-0 3. #3431. Appeal by Keith & Carol Berglund for variances from minimum required side yard, minimum lot area and minimum lot width as provided by Sections 10.09(4) and (7), Dane County Code of Ordinances, to permit land division in two Townships to separate existing single-family residence from farm as proposed at 2693 White Crossing Road, in the SW 1/ 4 SW 1/4 Section 7, Town of Verona and the SE 1/4 SE 1/4 Section 12, Town of Springdale. 07/06/2006 Letter from Vicki Anderson, Clerk, Town of Springdale acknowledging the Berglunds variance application and indicating that The Town Plan Commission will consider this application on July 31, 2006 and the Town Board will consider it on August 14, 2006. 07/11/2006 Letter from Rose Johnson, Clerk, Town of Verona: The Town Board approved the Berglunds variance application at the regular July Board meeting due to placement of a single family residence on the Town of Verona and Town of Springdale jurisdictional line Note: Property in question has a 160+ year old structure on it and the Town Board supports the preservation of the building. Needs variance of 1.8 acres from minimum 2 acre lot size in RH-1 district for the Certified Survey Map CSM) lot to be created in the Town of Springdale (minimum 2 acre lot area required in RH -1 Rural Homes district minus 0.2 acre actual area of proposed small RH-1 parcel). Needs variances of 10 feet from both the west and east sides of the Town of Springdale/Town of Verona line (minimum 10 foot side yard setback required from the Town line, which is also the new CSM property line extending through the corner of the house minus zero feet setback available on each side of town line). IN FAVOR: Carol Berglund, owner When the owners daughter decided to purchase this 160-yearold farmhouse, it was discovered that it extended over the Town line. It is one of two original farmhouses on a 200 acre farm (actually two farms combined). The Berglunds must record a two-lot CSM with a separate lot in each township. They were advised that both parcels should be created under the same zoning district so that setbacks and other requirements would be the same for all parts of the house and yard.

July 27, 2006 Dane County Board of Adjustment Minutes Page 4 of 8 Motion: Reynolds/Studz to grant variances to minimum lot size in the RH-1 district and to minimum side yard setbacks on both sides of the Verona/Springdale Town line to permit two-lot CSM with existing farmhouse, with Condition: Approval by the Town of Springdale*. (*Amendment by Long/Studz to add Condition: Approval by the Town of Springdale. Reynolds accepted this as a friendly amendment and agreed to incorporate it into his motion.) Finding of Fact: 1. The Berglunds applied to rezone 2+- acres in the Town of Verona to RH-1, creating a new parcel by CSM, including a 160-year old farmhouse Petition 9545, July 25, 2006 Zoning and Land regulation (ZLR) Committee Public Hearing. (Action of the ZLR Committee was postponed at the July Public Hearing, pending receipt of the Town Action Report from the Town of Springdale. The Town of Verona Action Report indicated approval of the petition 07/05/2006.) The preliminary CSM shows the NW corner of the house extends over the Town of Verona/Springdale line. 2. Dane County Land Division regulations require a separate CSM parcel in each township. The existing house will be located partly within a 2.1 acre CSM parcel including most of the house and a shed in the Town of Verona. A 0.2 acre CSM lot in the Town of Springdale will accommodate the westerly corner of the house. The small parcel in the Town of Springdale has been drawn to provide the minimum 150 foot lot width required in the RH-1 district, so the variance for minimum lot width in the RH-1 district is not required. 3. The Verona/Springfield Town line, which is also a new CSM lot line, is considered to be a side lot line under Dane County Zoning Ordinance regulations. A minimum 10 foot side yard setback must be measured from both the east (Verona) and west (Springdale) sides of this line, where the existing house encroaches over the Town boundary. All other side and rear yard setback requirements will be met for both parcels under the newly rezoned CSM lots. Conclusion: 1. Unnecessary Hardship: Variance is not self-created. 2. Unique Limitations of the Property: Very old structure was found to extend over a municipal boundary. 3. No Harm to Public Interests: Preservation of old house supported by Town of Verona. Condition addresses need for input from Town of Springdale. Motion carried: 4-0, including Condition. III. APPEALS FROM PREVIOUS HEARINGS 1. #3397, Christopher & Adrienne McGee, Town of Pleasant Springs, Section 29, from the December 5, 2005 Public Hearing. Appeal by Christopher & Adrienne McGee for variances from required lot size for agricultural uses and from required minimum side yard setback from Residence district for livestock buildings as provided by Sections 10.123(9)(c), 10.123(7)(b) and & 10.126(7)(b) to permit existing agricultural accessory building at 2038 Williams Drive, in the W 1/2 NE 1/4, Section 29, Town of Pleasant Springs. 06/21/2006 Letter from Donna Vogel, Clerk, Town of Pleasant Springs: On June 20, 2006, the Pleasant Springs Town Board voted to DENY all variance from the side setback requirements for an accessory building to house livestock, and DENY all variance from the requirement prohibiting livestock on a parcel zoned A-1EX with less than five acres. Staff Report: The Town of Pleasant Springs voted to deny the applicant s Petition # 9406 to change

July 27, 2006 Dane County Board of Adjustment Minutes Page 5 of 8 the zoning district from A-1EX Agricultural Exclusive to A-2(4). The ZLR Committee and County Board have now also denied the petition, which has been forwarded to the County Executive s office for final action no later than August 16, 2006. Final disposition of the rezone petition may affect the Board s deliberation and decision. Motion: Long/Schulz to abey action on the variance for 30 days. Motion Carried: 4-0 2. #3427, Roub (KCCS LLC), Town of Dunn from the 06/22/2006 Public Hearing Appeal by Frank Roub for variances from minimum required lot width and minimum required lot area in the Shoreland district as provided by Sections 11.03(1) and 10.05(4), Dane County Code of Ordinances, to permit new one-lot Certified Survey Map and construction of new single-family residence as proposed at 2436 County Highway AB, being Lot 4 and west half Lot 3, Pike Front, Section 14, Town of Dunn. COMMUNICATIONS: 04/25/2006 Letter to Keith Comstock from Norbert Scribner, Dane County Land Division Review: Lot 4 and east half Lot 3, Pike Front are considered to be one legal parcel for land division purposes. 05/08/2006 Letter from Roz Gausman, Clerk, Town of Dunn: Acknowledgment of application for variance. 06/20/2006 Letter from Roz Gausman, Clerk, Town of Dunn: Town board approval no objections were received. 06/12/2006 Letter from Pamela Dunphy, P.E., Assistant Commissioner, Dane County Highway Department: CTH AB right of way width, from centerline of roadway, should be minimum 33 feet, not 30 feet as shown. Additional right of way may be required during the CSM process. Minimum highway set back should be maintained for new construction. Needs variance of 10.16 feet from minimum lot width in the Shoreland district (100 feet required minimum lot width minus 89.84 feet proposed width of new CSM lot.) Needs variance of 99 square feet (SF) from minimum lot area in the Shoreland district (15,000 SF required minimum lot area minus 14,901 SF proposed area of new CSM lot.) IN FAVOR: Keith Comstock, Chad Struzel, owners/developers dba KCCS, LLC. (Note: They purchased the lots from former owner Roub.) Comstock and Strutzel propose to build a new house with attached 3-stall garage on one and one-half lots. They have applied for the required Shoreland Erosion Control Permit after an initial misunderstanding. They intend to keep remaining trees on these lots. Motion: Long/Reynolds to approve request for variances to lot size and width in the Shoreland district to allow combining existing lots by Certified Survey Map for one new home site. Finding of Fact: 1. Roub s one and one-half lots had an existing house and garage, both on Lot 4 that have recently been removed. An existing boathouse remains on the west half of Lot 3. 2. Even though the one and one-half lots are a legal parcel as per Norb Scribner s letter, a Certified Survey Map (CSM) must be recorded to eliminate the legal lot line between Lots 3 and 4. Otherwise, there is a side yard setback on each side of the Lot 3-4 line. 3. The parcels in question are located on Lake Kegonsa in the Shoreland district. New CSM parcels in the Shoreland district must meet minimum lot width and area requirements of the R-1 residential district, which are greater than the minimum requirements for the R-3 district in which the proposed

July 27, 2006 Dane County Board of Adjustment Minutes Page 6 of 8 new house would be located. This serves to reduce the number of new lots that may be created in Shoreland districts. 4. No communication from WDNR. Conclusion: 1. Unnecessary Hardship: Lot size and width are technical requirements of Chapter 11 - Shoreland Ordinance. 2. Unique Limitations of the Property: One and one-half existing sub-standard lots in old plat were used by one owner and sold as one parcel. No additional land was available to buyers to meet minimum lot size and width. 3. No Harm to Public Interests: Reducing number of buildable lots and increasing lot size in the Shoreland district supports purpose of Shoreland Ordinance. Preserving mature trees is in the public interest. Motion Carried: 4/0 3. #3428, Matusevich, Section 25, Town of Albion from the 06/22/2006 Public Hearing Appeal by Eugeny & Olga Matusevich for variances from minimum required lot width and lot area in the Shoreland district as provided by Sections 11.03(1) and 10.05(4), and minimum required extent of fill beyond limits of structure in the Flood Fringe district as provided by Section 17.39(1)(a), Dane County Code of Ordinances, to permit new one-lot Certified Survey Map and construction of new single-family residence as proposed at 362 Lakeshore Drive being Lot 14 and north half Lot 13, Block 1, Edgerton Beach Park, Section 25, Town of Albion. 06/07/2006 letter from Julie Hanewall, Clerk, Town of Albion: On June 6, 2006, the Town of Albion s planning Commission and Town Board unanimously approved [the] Matusevich appeal The purpose of the Variance is to replace existing residence on 1 ½ non-conforming lots combining lots by CSM with conformity to R-1 district lot width and area. 06/26/2006 Letter from Gary Heinrichs, Senior Floodplain Planner, WDNR, explaining the floodplain regulations in regard to fill around structures: granting some relief for 10 feet from the 15 foot standard should be reasonable in this case a variance for 10 feet of fill around the property (five foot relaxation) would be reasonable and customary for this type of project. The more critical factor in this case would be to ensure that the proper material is used for the project and that it meet the applicable compaction standards as specified by the American Society of Civil Engineers Needs variances of 5 feet on north and south sides of house from minimum required extent of fill in Flood Fringe district. (Minimum 15 feet of fill beyond limits of structure required in Flood Fringe minus 10 feet of proposed fill extending from north and south sides of proposed house to north and south lot lines.) Note: Board acted to grant variances for lot size and width to allow combining substandard parcels by Certified Survey Map at its 06/22/2006 Public Hearing, but directed staff to obtain a written opinion from the WDNR in regard to the Floodplain fill question see above. IN FAVOR: Dan Dillman, Hometown Remodeling LLC, contractor referred to Heinrichs letter as presented by Schutte. Described how final plan for Floodzone and Shoreland Erosion Control Permit provides for raising elevation of house above neighboring properties, using retaining walls along the side lot lines, and avoiding disturbance of existing mature trees. Motion: Schulz/Studz to grant variance of 5 feet from required extent of fill on both the north and south sides of the proposed replacement home with Condition:

July 27, 2006 Dane County Board of Adjustment Minutes Page 7 of 8 That the fill on all sides of the house must be compacted and installation must meet all American Society of Civil Engineers (ASCE) standards. FACTS OF THE CASE: 1. Owners have one and one-half lots with an existing house with attached one-stall garage. The structure extends over the lot line between Lot 14 and the north half of Lot 13. The house is located on Lake Koshkonong in the Shoreland and Flood Fringe districts, but not in any Wetlands. 2. Owners propose to remove all but a small portion of the foundation and build a new house in the same location, again located over the Lot 13-14 lot line. They will record a CSM to combine the lots as per the Board s approval of the variances from minimum lot width and area in the Shoreland district 3. New buildings in the Flood Fringe district must meet all Floodplain Zoning requirements of Chapter 17, DCCO. One requirement involves adding fill for flood protection extending 15 feet from the house on all sides to provide stability and protection against flood velocities, scouring, floating debris, ice jams and other conditions that may arise during a flooding event. (See 07/26/2006 letter from Gary Heinrichs, WDNR Senior Floodplain Planner, in file.) 4. The existing house does not meet the minimum finished floor elevation of 2 feet above the 100- Year Floodplain (Flood Protection Elevation or FPE). There is currently no protective elevated fill surrounding the house. The existing house does not meet the minimum 10 foot minimum side yard setbacks on the north side (existing 4.3 feet setback) or south side (existing 4.6 foot setback). 5. The proposed new house would meet the minimum 10 foot side yard setbacks, the minimum FPE for the finished floor and all other requirements of the Dane County Code of Ordinances, including minimum setback from road, minimum setback from ordinary high water mark (measured to the proposed deck), maximum lot coverage, etc. 6. The proposed site plan shows 10 feet of protective fill (minimum side yard setback) available from the house to the side lot lines on the north and south sides of the proposed house. The applicant has suggested that the elevated fill would be stabilized by retaining walls along the side lot lines. The construction project, including new foundation excavation, compacted fill, retaining walls, and driveway, would require a Dane County Shoreland Erosion Control Permit. Conclusion: 1. Unnecessary Hardship: Proposal requires less relief for replacement of existing home with increased compliance regarding side yard setbacks and floodzone elevation regulations. 2. Unique Limitations of the Property: Configuration of existing lots to be combined. 3. No Harm to Public Interests: WDNR approval of reduced fill on only two sides; property will be protected more than for current non-complying structure. Motion carried: 4-0 IV. OTHER BUSINESS: 1. Request for reconsideration of Condition of approval for Appeal #3425, Troy & Ulring, Town of Pleasant Springs, Section 32, from the 06/22/2006 Public Hearing: Allow part of covered porch in the front yard setback to be enclosed. Appeal #3425 by Chad Troy & Beth Ulring for a variance from minimum required setback from road as provided by Section 10.17(5)(b), Dane County Code of Ordinances, to permit reconstruction of residence destroyed by August 18, 2005 tornado, as constructed, at 2744 Alice Circle being Lot 28 and Part of Lot 29, First Addition to Petty Acres, Section 32, Town of Pleasant Springs. Staff Report: Board granted variance of 6.2 feet from minimum setback from right-of-way to allow reconstruction of home destroyed by tornado, including covered front porch as constructed, with Condition: The porch structure shall remain open, and shall not become an enclosed addition to the house such as a screened porch, three-season porch or heated room.

July 27, 2006 Dane County Board of Adjustment Minutes Page 8 of 8 Troy & Ulring came to Zoning Division to obtain information about the Variance as granted. They expressed a wish to enclose part of the porch on the west side of the house, extending into minimum 30 foot setback from the right-of-way of Alice Circle. Staff suggested they ask Board for reconsideration. By consensus, the Board members agreed that the owners must provide additional new information and describe a significant legal hardship to present a renewed request for reconsideration under Appeal # 3425. Specifically, they must describe why relief is necessary and legitimate under this application. Long requested that Schutte provide a transcript of the portion of the taped record of the June 22, 2006 Public Hearing. Note: At the request of the Board, and with permission of Zoning Administrator Peter Conrad, Schutte will process a refund of the double Variance application fee assessed to Ulring and Troy. 2. Consideration of draft report from County Surveyor Dan Frick regarding types of surveys presented as evidence for Variance Appeals: Frick did not appear, but asked that the Board members provide questions, suggestions and other comments on his draft report. The Board expressed appreciation for Frick s work on the draft report. V. APPROVAL OF MINUTES Motion by Schulz/Reynolds to approve the minutes of the June 15, 2006 Site Visits and the June 22, 2006 Public Hearing. Motion carried, 4-0. VI. ADJOURNMENT: Motion: Studz to adjourn. Motion carried: 4-0 at 8:53 p.m. Respectfully submitted, Kristine L. Schutte, Dane County Assistant Zoning Administrator, Recording Secretary MINUTES FILED WITH THE COUNTY CLERK: August 22, 2006