Proposed
• Owner proposes to remove all 3 residential structures, combine the parcels into a single
legal lot of record and construct a single single family residence.
Zoning Notes:
• Property is within 300 feet of Lake Waubesa and subject to shoreland zoning
regulations.
• Chapter 10 allows non-conforming structures to be maintained and repaired within their
building envelope, but not rebuilt unless the rebuilding conforms to the requirements of
the ordinance.
• Chapter 11 allows non-conforming structures to be maintained, repaired, and expanded
vertically within their existing building footprint. Expansions, other than vertical
expansions, are limited to lateral expansion, no greater than 200 square feet, or that meet
the required setback to the ordinary high water mark. If a lateral expansion is approved it
requires a full shoreland mitigation plan and permit.
• The required setback to the ordinary high water mark for a residential structure on the
proposed combined lot is 75 feet. The property does not qualify for a reduced setback
based on averaging because it is not adjacent to a lot containing a nonconforming
structure on each side due to the platted road right-of-way.
History:
• Zoning permit for residence on western parcel 36473, 8/24/84.
• Special exception/variance for filling within 300 feet of Lake Waubesa 1252 5/24/84
• Violation History: No violation history found.
VARIANCES REQUESTED: Purpose: Residential redevelopment
Minimum setback from road right-of-way:
Required: 20.0 ft
Proposed: 10 ft
VARIANCE NEEDED: 10 ft
Minimum setback to ordinary high water mark of Lake Waubesa:
Required: 75 ft
Proposed: 67.2 ft
VARIANCE NEEDED: 7.8 ft
Conclusions:
1) Unnecessary Hardship: The presence of a road adjacent to the property prevents the
owners from the same use of their property as those without an adjacent road. The fact
that the road is not intended for vehicular traffic, and currently serves as a pedestrian
only access to Lake Waubesa does not require the same setbacks as a vehicular road
does for safe passage. Minus the road, the applicant would be able to develop the
property as proposed without relief.
2) Unique Limitations of the Property: The lot is bound by Lake Waubesa, an
unimproved road right-of-way, and Willow Court, each requiring setbacks greater than
what currently exists for the three non-conforming structures on the property.
3) No Harm to Public Interests: The proposed development will result in increased
setbacks compared to existing conditions as well as less impervious surfaces than
existing. The Town of Dunn acknowledges benefit by removal of a seawall and
replacement with riprap on adjacent town property. A pedestrian access does not require
the same setback as a vehicular access for public safety.
4) Alternatives: The owner has rights under non-conforming shoreland regulations that
allow for the existing structures to be maintained or replaced within their footprint,
however they propose to bring the property into greater conformance with current
regulations. The agent originally proposed a development requiring greater relief, but
revised the request based on staff comments prior to making application.
