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, September 26, 2024

6:30 PM

Hybrid Meeting: Attend in person at the City County

Building in Room 354; attend virtually via Zoom.

A. Call To Order

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

Board.

Also Present: First Alternate: Alex Elkins; Staff: Hans Hilbert, Assistant Zoning

Administrator

5 -

Present

ARLAN KAY, Secretary SUE STUDZ, GEORGE CORRIGAN, TRAVIS LEESER,

and AL LONG

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

No public comments were made.

C. Consideration of Minutes

Minutes of the August 22, 2024 meeting

Board of Adjustment

1. 2024

MIN-237

Sponsors:

Attachments: 08-22-2024 Minutes

LEESER/CORRIGAN to approve the minutes. Motion carried.

4 - KAY, CORRIGAN, LEESER and LONG

1 - STUDZ

Ayes:

Abstain:

Minutes of the September 12, 2024 Site Inspection Meeting

Board of Adjustment

2. 2024

MIN-238

Sponsors:

Attachments: 09-12-2024 SI Minutes

STUDZ/LONG to approve the minutes.

2 - STUDZ and LONG

Ayes:

Appeal 3728. Appeal by LabCorp (Wayne Whiting, Strang, Inc., agent), for a

variance from maximum allowable height of a structure permitted within the

Dane County Regional Airport Height Limitation Zone as provided by Section

78.03, Dane County Code of Ordinances, to allow HVAC upgrades to the

mechanical penthouse at 3301 Kinsman Boulevard, being Lot 1, Certified

Survey Map 12516 in the SE 1/4 NE 1/4 Section 29, Town 08 North, Range 10

East, City of Madison.

1. 2024

BOA-001

Board of Adjustment

Sponsors:

Attachments: Appeal 3728 Staff Report

LabCorp 3EB_ Airport Email_20240717_Hilbert -Rasmussen No

Objection

LabCorp 3EB_ FAA Study Determination Letter_20250605

LabCorp 3EB_ Madison Zoning Acknowledgement

Email_KBannon_20240610

LabCorp 3EB_Dane Co Variance Application_20240808_Signed

LabCorp 3EB_Exhibits_AHLZ_20240626

LabCorp 3EB_Site Plans_MSA_20240703

VARIANCE REQUESTED: Allow installation of new HVAC equipment to mechanical

penthouse.

Airport Height Limitation Zone (AHLZ) Variance:

Existing grade elevation 855 feet Above Mean Sea Level (AMSL) per (FAA) (Note: This is

the elevation at the base of the existing building, closest to the proposed additions.)

Maximum Height of Structure Permitted in AHLZ: 913 ft. AMSL (57 ft. Above Ground

Level [AGL])

Proposed height of encroachment: 926.2 feet AMSL as per FAA (71 feet AGL as per

FAA))

VARIANCE NEEDED: 13.2 feet

IN FAVOR: Wayne Whiting P.E., Strang, INC. Madison, WI, Agent

ZONING ADMINISTRATOR’S COMMENTS: Hilbert related the Zoning Administrator had

no objections to the variance as requested.

OPPOSED: None.

There was no need for rebuttal.

Finding of Fact:

COMMUNICATIONS:

04/19/2024 Email from Katie Bannon, Zoning Administrator, City of Madison

acknowledging application for variance within the City of Madison.

07/15/2024 Email from Chad Rasmussen, Director of Operations and Public Safety,

Dane County Regional Airport, stating airport has no objection to the variance request.

06/07/2024 FAA Determination of No Hazard to Air Navigation, with conditions, issued.

Airport Height Limitation Zoning authority in all Dane County municipalities within three (3)

miles of the Dane County Regional Airport is granted to Dane County Zoning Division

under Chapter 78, Dane County Code of Ordinances (DCCO).

LabCorp buildings are located adjacent to the Dane County Regional Airport within the

City of Madison and in the Airport Height Limitation Zone (AHLZ).

Previous variances have been granted for both temporary cranes and permanent

structures at this location. Most recently variances include Appeal 3585, granted

12/2009, for a variance of 145 feet or 1,058 feet Above Mean Sea Level (AMSL) from the

maximum permitted AHLZ elevation of 913 feet AMSL to allow a temporary construction

crane for a proposed Covance project and Appeal 3588, granted 01/2010 for permanent

exhaust stacks exceeding the maximum AHLZ.

The LabCorp buildings are pre-existing, non-conforming structures in the AHLZ, with a

949.6* ft AMSL HVAC penthouse height. Part of the complex was built before the AHLZ

Ordinance was adopted in 1976, and additions were built before Airport runways were

lengthened in the 1990s. At that time, the maximum AHLZ elevation was reduced from

926.2 feet AMSL to 913 feet AMSL. Seven (7) previous variances have been granted for

projects including temporary construction cranes and permanent additions.

Proposed

LabCorp requires new roof-mounted HVAC upgrades on the existing penthouse. The

proposed additions will be at or below the existing equipment/building elevations and not

create any further encroachment into the AHLZ.

Conclusions:

1) Unnecessary Hardship: It would be unnecessarily burdensome to prevent the

improvement of an existing, legal non-conforming use in the AHLZ. The proposed HVAC

upgrades are required for energy efficiency compliance, so there is no reasonable

alternative, and no self-created hardship.

2) Unique Limitations of the Property: The close proximity to the Airport and existing

non-conforming height of the LabCorp building, together with the history of the AHLZ

changes for this property, are unique limitations for this long-standing permitted use.

3) No Harm to Public Interests: The proposed new upgrades are lower than existing

building components. Existing equipment that encroaches further into the restricted

zone will be removed as a result of this upgrade. The agent states that LabCorp agrees

to comply with all FAA conditions of approval, which protect the public interest.

LEESER/STUDZ to grant the variance as requested subject to the conditions of

FAA approval. Motion Carried.

5 - KAY, STUDZ, CORRIGAN, LEESER and LONG

Ayes:

F. Reports to Commitee

Hilbert informed the committee that under County Board authority, seconds to motions

are no longer required for boards with 7 or fewer members. Hilbert provided an update on

the October Meeting schedule.

G. Other Business Authorized by Law

Board Member Corrigan requested an interpretation from Corporation Counsel on recent

Federal case law related to administrative appeals. Hilbert will follow up.

1. 2024

ACT-183

By voice vote the Board elected Al Long as Chair, Travis Leeser as Vice Chair, and Sue

Studz as Secretary of the Board of Adjustment.

H. Adjournment

STUDZ/LEESER to adjourn. The Board adjourned by consensus at 6:58 pm.