Appeal 3710. Appeal by Mike and Jacki Moss (Chris Landerud, agent) for
variances from minimum required setback to a public road and minimum
required setback to the ordinary high water mark of Lake Kegonsa as
provided by Sections 10.102(9) and 11.03(2)(a)1., Dane County Code of
Ordinances, to permit proposed rebuild and expansion of a single family
residence at 3433 Stoney Crest Rd being a zoning lot in the SW ¼ of the
SW ¼, Section 13, Town of Dunn.
Board of Adjustment
Sponsors:
Staff presented an explanation of why the previously approved (June, 2021) appeal was
back before the Board as a result of the property owners acquiring additional land to the
east. Chris Landerud, agent for the owners, presented addition information on the revised
plan.
The Board deliberated the changes.
1) Unnecessary Hardship: It would be an unreasonable burden to not allow the property
owner the ability to rebuild within the existing footprint for failure to meet the setback
from a right-of-way that is not intended to be developed. This right-of-way also prevents
the owner from having the same rights to a reduced setback to the OHWM as other
property owners in the area. Granting this variance brings the property closer into
compliance with the purpose of the ordinance.
2) Unique Limitations of the Property: The property is bound by a County Highway, a
Town right-of-way, private property, and Lake Kegonsa. The Town right-of-way, not
intended to be developed as a street requires additional setback not typical for properties
in the area and also eliminates the ability to qualify for a reduced setback to the ordinary
high water mark of Lake Kegonsa.
3) No Harm to Public Interests: The existing structure is non-conforming and the
proposed development will be no more non-conforming than what currently exists. The
Town has recommended approval, and with Lake Street unlikely to develop the health
and safety concerns are addressed through the conditions placed on this variance.
4) Alternatives: Stick compliance with the ordinance would reduce the building envelope
significantly compared to the existing development and would not afford the property
owner the same ability to have continued use of the property as would typically be
afforded to a similar property.
It was noted that compounding variance requests should only be considered if significant
circumstances or changes arise. The additional land in ownership was deemed
significant.
LEESER/STUDZ to approve, with conditions, the amended variance request to
expand 23.4 feet of relief from the required setback to the ordinary high water
mark and allow redevelopment within the footprint of the existing structure as
shown on the proposed plan. The eastern side yard setback is shown as 32 feet.
Conditions:
1. The new construction follows the same western footprint as the existing home.
