Dane County

Minutes - Final Unless Amended by

Committee

Board of Adjustment

Consider:

Who benefits? Who is burdened?

Who does not have a voice at the table?

How can policymakers mitigate unintended consequences?

Thursday, February 27, 2025

6:30 PM

Hybrid Meeting: Attend in person at the City

County Building, Room 354.

A. Call To Order

Chair Long called the meeting to order at 6:30 PM and introduced the members of the

Board.

Also Present: Staff: Todd Violante, Director of Planning and Development; Rachel

Holloway, Assistant Zoning Administrator; Hans Hilbert, Assistant Zoning Administrator.

4 -

Present

Secretary SUE STUDZ, ALEXANDER ELKINS, GEORGE CORRIGAN, and AL

LONG

1 - ARLAN KAY

Excused

B. Public Comment for any Item not listed on the Agenda

No public comments were made.

C. Consideration of Minutes

Minutes of the January 23, 2025 Public Hearing

Board of Adjustment

1. 2024

MIN-443

Sponsors:

Attachments: 01-23-2025 PH Minutes

STUDZ to approve the minutes. Motion carried.

4 - STUDZ, ELKINS, CORRIGAN and LONG

1 - KAY

Ayes:

Excused:

Minutes of the February 13, 2025 Site Inspection

Board of Adjustment

2. 2024

MIN-444

Sponsors:

Attachments: 02-13-2025 SI Minutes

D. Public Hearing for Appeals

1. 2024

BOA-003

Appeal 3727. Administrative appeal by Maier Farms Real Estate LLC (Attorney

Christopher T. Nelson, agent) appealing the determination of the zoning administrator

regarding a wetland use violation at 7119 Schumacher Rd, being a tract of land in the

NW 1/4 NW 1/4 Section 21, Town of Vienna.

Board of Adjustment

Sponsors:

Attachments: Notice of Appeal - Maier w Violation Notice

Maier Farms - Dane County Board of Adjustment Appeal Brief

Kraemer Declaration w. Exhibits - Revised

Maier Declaration w. Exhibit

Nelson Declaration w. Exhibits - Revised

Appeal 3727 Brief of the Zoning Administrator

Nelson Declaration w. Exhibits

Kraemer Declaration w. Exhibits

Letter in Support of Maier Farms

Chair Long opened the public hearing and asked the Board if it was acceptable to ask

the interested parties if they needed additional time to brief the preemption issue in the

matter. The Board did not object.

Attorney Christopher Nelson, representing the appellant, and Attorney Dave Gault,

representing the Zoning Administrator each responded to the Board.

The Board, in consultation with their Counsel, Attorney Andrew Schauer, deliberated on

the preemption matter.

Following the vote to postpone the parties agreed that the County would respond by

March 7, 2025, and the Appellant would respond by March 14, 2025.

CORRIGAN to have Counsel work with the interested parties to prepare a

schedule for briefing on the question of whether the preemption/jurisdiction

question is timely raised and if the preemption/jurisdiction question is dispositive.

In addition, adjourn the hearing until the March 27, 2025 public hearing. Motion

carried.

4 - STUDZ, ELKINS, CORRIGAN and LONG

1 - KAY

Ayes:

Excused:

2. 2024

BOA-006

Appeal 3732. Variance appeal by Micah Zielke (Chris Miller, agent) for a variance

from the minimum required rear yard setback as provided by Section 10.234(5)(c)1.,

Dane County Code of Ordinances, to permit proposed addition to a single family

residence at 2917 County Highway BB, being a tract of land in the NE ¼ of the NE

¼, Section 7, Town of Cottage Grove.

Board of Adjustment

Sponsors:

Attachments: Appeal 3732 Staff Report

Appeal 3732 Aerial

Appeal 3732 previous permits

Appeal 3732 Application

Appeal 3732 Application Addendum

3732 SI photos

Appeal 3732 Town Action

Chair Long opened the public hearing.

Assistant Zoning Administrator, Rachel Holloway, provided a staff report of the appeal.

Chris Miller, agent, along with Micah Zielke, owner, spoke in favor of the variance request

and answered questions of the Board.

Hilbert, acting for the Zoning Administrator, stated that the applicant had correctly

described the exhaustion of alternatives. Staff would typically recommend a legislative

solution such as rezoning to a district with a lesser setback, but that option was very

unlikely for a 16 acre property adjacent to a incorporated village. Hilbert also explained

the zoning district error on AccessDane and asked that the Board not consider that as

part of their conclusions for the appeal.

Facts of the Case:

Existing:

• Property contains a single family residence permitted in 1971 and a detached accessory

building permitted in 1984.

• The site plan from 1971 indicates a rear setback of the residence of 75 feet.

• The site plan from 1984 identifies a 62 foot setback for the residence to the rear

property line.

• A recent survey confirms the existing residence to be set 62.8 feet off the rear property

line.

Proposed

• The current owner proposes an addition to the existing residence that fails to satisfy the

required 50 foot setback to the rear property line.

COMMUNICATIONS: Town of Cottage Grove, Board action 2/17/25 recommending

approval.

Conclusions:

1) Unnecessary Hardship: The alternatives typically available to similar properties are

unlikely to be a successful remedy in this situation. The zoning administrator has

determined no way to allow compliance without the relief of a variance.

2) Unique Limitations of the Property: It would be unreasonable for the ordinance to

address the rare situation of a 16 acre property adjacent to a incorporated village, with no

plans of annexation and subdivision, containing a single family residence, and the

uniqueness of the existing development to only allow a residential expansion in the most

restrictive direction of the lot.

3) No Harm to Public Interests: The Town is supportive of the request, and no

neighboring property owners have raised any concerns. The granting of the variance will