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In November of 2008 floodplain and zoning permits were issued for the removal of
the damaged structure and the rebuilding of a new residence, however these permits
expired in 2009 because construction had not begun.
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The property was then sold to a new owner who obtained permits in February 2010 to
lift and rehabilitate the existing residence.
In 2009 FEMA updated the rate maps, however there was no change in the base
flood elevation of Lake Koshkonong at 784.4 feet, the same as the 2003 maps.
In 2011, Dane County Zoning issued a certificate of compliance stating that the new
residence on the property conformed to the floodplain regulations in effect at the time.
In 2014, FEMA and the Wisconsin Department of Natural Resources restudied the
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•
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flood sources in the area and once again revised the flood insurance rate maps. These
maps increased the base flood elevation of Lake Kegonsa by ½ foot to 784.9 feet above
mean sea level.
•
The adoption of the new base flood elevation resulted in the replacement residence
becoming non-conforming as it was no longer in compliance with floodplain development
standards.
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Based on the 2011 elevation certificate used to determine floodplain development
standards, the existing residence:
o
o
Has a first floor elevation of 788.2 ft amsl, this is still in compliance.
Has lowest adjacent grades (of soil outside of structure) of 784.4 ft amsl, this is out
of compliance.
o
o
Has a crawlspace floor elevation of 784.0 ft amsl, this is out of compliance.
The existing structure does not have contiguous dryland access due to the elevation
of Lake Shore Drive below the base flood elevation.
Zembroski purchased the property in 2017.
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Proposed
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The property owner proposed to remove the existing single story residence from the
foundation and build a two story residence on the remaining foundation.
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Developments exceeding 50% of the equalized assessed value must comply with
current floodplain development standards.
As proposed the new residence fails to comply with floodplain development standards
as well as the required side yard setback.
•
•
Proposed floodplain development standards:
o
o
o
o
Elevation of lowest floor:
Foundation on Fill at 785.9 ft:
Basement or crawlway:
Required: 786.9 ft;
Required: 15 ft; Proposed: 0 ft
Required: 784.9 ft; Proposed: 784.9 ft
Required: N/A; Proposed: N/A;
Proposed: 788.2 ft
Contiguous dryland access
VARIANCES REQUESTED: Purpose: Remove and replace residence
Required side yard:
Minimum setback from lot line required: 10 feet.
Actual Setback: From front lot line: 4.3 feet.
VARIANCE NEEDED: 5.7 feet.
Floodplain Development Standards:
Fill one foot or ore above the regional flood elevation extending at least 15 feet beyond
the limits of the structure:
Minimum fill required: 15 feet
Proposed: 0 feet
VARIANCE NEEDED: 15 feet.
Conclusions of Law:
After hearing the matter the Board concluded the request failed to demonstrate that:
a. Literal enforcement of the ordinance will cause unnecessary hardship;
b. The hardship is due to adoption of the floodplain ordinance and unique property
