Tuesday, June 03, 2008

A Letter to Friends of Lake Kegonsa

Eric Frey, a Lake Kegonsa property owner and a passionate advocate for the rights of all who own property in the shoreland zone forwarded the following to me:

URGENT -
SHORELAND PROPERTY RIGHTS ARE IN JEOPARDY

In the Dane County Code of Ordinances, shoreland district property is defined as 1,000 feet from a lake (Lake Kegonsa) or 300 feet from a river or stream. If your property is located in this area and is “substandard” (defined as less than 20,000 square feet (unsewered), or 15,000 (sewered) and less than 100 feet wide at the building setback line), your ability to build, remodel, or rebuild your home has been restricted by County and Board of Adjustment (BOA) actions over the last two years.

The sale of all Dane County lake property has also been impaired as a result of these actions and the need to disclose this current situation with substandard lots is required for sellers. All “grandfather” provisions for smaller properties (more than 90% of all Lake Kegonsa properties) have been taken away. Any changes being considered with properties on substandard lots must now go through an extensive and possible costly variance process with no guarantees of obtaining a building permit. The opportunity to apply for a variance is simply no substitute for a vested right to build, rebuild, or remodel on your own property.

A Progressive Dane political movement is pushing many of the Dane County Supervisors to stop or slow down any and all development around Dane County lakes under the guise of protecting clean water. We all can do more with our properties to control runoff. However, the two biggest issues that affect Lake Kegonsa water quality are 1) storm sewer runoff from high density areas like the City and 2) farmland runoff. In 2008, cities are only required to filter 20% of all storm waters, so visualize the impact the City of Madison has on a water body. Many of the public works staff contacted are not sure how they get to the 40% requirement by 2013, but others still want to take your lake property rights away. Over the last two years, Eileen Bruskewitz, a shoreland property owner and County Board Supervisor, has almost single handedly tried to reinstate the grandfather provisions we once had with our highly taxed, substandard lots. This past week, Ordinance Amendment No. 2, which she sponsored along with Sup. Patrick Miles, successfully passed the Dane County Zoning Committee and will go before the Dane County Environment, Agriculture and Natural Resources Committee (EANR) on July 17th.

Although OA No. 2 doesn’t fix all properties, it goes a long way in fixing properties that equal or exceed 7,500 square feet and are at least 50 feet wide at the building setback line. This improves property rights for approximately 90% of all lake properties that are smaller than 15,000 square feet (sewered). OA No. 2 needs to pass the EANR committee so it can be forwarded on to the full County Board. If OA2 fails at the EANR Committee, we face an uncertain future with the Board of Adjustment.

There is another attack on our lake properties from the Lakes and Watershed Commission with their “Shoreland and Riparian Management Plan” followed by the proposed changes to “NR115 – Wisconsin’s Shoreland Management Program”. We are heading into a new paradigm shift and all lake property will be the target of future restrictions that will impair values and cost us additional dollars. If you don’t think values have been hurt by all this uncertainty, call a realtor or look at some recent sales that were for significantly less than the beginning asking price or prices from two to three years ago. Also, the number of properties for sale speaks for itself. Why am I paying so much in real estate tax dollars?

What do we do from here? First, we all need to call our County Supervisors and express our concerns, and ask them to get OA No. 2 through EANR (Pat Miles, 838-6866 and Donna Vogel, 873-8863). Next, we need shoreland district property owners to attend the EANR Committee and show support for OA 2 on June 17th and again when the full County Board takes up this ordinance (sometime in July).

I urge you to join us for the EANR June 17th meeting (5:45PM at the City Counting Building) and look forward to speaking with you regarding this very urgent matter. Feel free to call me in the evenings or talk to the board members of FOLKS.

Sincerely,

Eric Frey
Lake Kegonsa Property Owner

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