The variance hearing for the ‘arboretum’ lots owned by GCK and Dave Investments is going before the Board of Adjustment tomorrow Thursday, Feb 22, 2007 at 6:30 PM.
Just to bring some items to light based on the actions of the Board of Adjustments. If you have a substandard lot in the shoreland district you are now required to apply for a variance for anything your propose to construct or alter on your property. Your attendance at this hearing will provide you with first hand experience of the process, the costs, and the reasoning and justification you will have to provide to obtain a variance.
There are thousands of substandard lots in the unincorporated areas of Dane County that will require a variance, however, the Acting Zoning Administrator and Zoning Department made the decision to require only lots in the shoreland district to be subject to the variance process. While it's believed the Zoning Administrator can make this decision, it leaves many property owners in the dark about when this decision will apply to them.
An issue of concern is that these substandard lots need an environmental mitigation plan, yet there are no standards for these plans and the agencies that would review the plans have not agreed to do so yet. GCK and Dave Investments will be introducing plans that incorporate the principals of Limited Impact Development for the 2 lots they are proposing the variance approval. In addition, the Lakes and Watershed Commission and the Department of Land and Water Resources have not had input into what would constitute a protective mitigation plan. NR 115, the state law that is currently being drafted by some of the best scientists in the state are still working on standards for waterway protection and mitigation plans that promote infiltration of storm water. By their own admission, the BOA members are not experts in this area, yet an applicant is required to provide a mitigation plan that will be judged by a BOA without credentials and must meet undetermined standards.
A variance decision may be appealed to circuit court. This is expensive and time consuming. There is work underway by County Supervisor Eileen Bruskewitz along with some others to find a legislative solution to this BOA decision that could pass the County Board.
It is troubling that many property owners with lots less than 100 feet wide at the setback line, don't have lot area square footage required (20,000 sq. ft. if unsewered, 15,000 if sewered) are not aware of the impact the BOA decision will have, or even that the shoreland district is 1000 feet (about 2.5 city blocks) from a lake or 300 feet back from a river, stream, or any navigable waterway.
There are many sub-issues here and I know you will learn a lot about your property rights at the Board of Adjustment hearing It is an open meeting to the public and it will be held on Thursday, February 22, 2007 in Room 309 (third floor) of the city county building.
Many of you attended the hearing on Ordinance Amendment 10. Your attendance is needed again and it is our hope you will take time to be present. You do not need to speak unless you wish to address issues that are before the Board of Adjustment. Please invite others who are affected by this decision.
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