Monona zoning board limits variance for Brookhaven Circle sunroom to existing footprint

The City of Monona Zoning Board of Appeals on a split vote approved a variance that allows Tiffany and Jason Tobias to enclose an existing rear deck at 1200 Brookhaven Circle only if the enclosed room does not expand the structure's footprint beyond what the board approved as a maximum.

The Tobises sought an 18-inch extension from the current nonconforming deck to create a conditioned sunroom because they said both work from home and need additional indoor space. Zoning staff told the board the property encroaches on two setback standards cited in the application: the street-yard setback (the zoning packet references section 480-24(d)(4)(a)) and the shore-yard setback (section 480-24(d)(4)(d)). The survey in the record shows the street-yard setback at about 20.7 feet (the typical street-yard requirement is 30 feet) and the shore-yard requirement as 50 feet; the Tobises' house was described in staff materials as approximately 45 feet from the channel, and the applicants said the requested enclosure would place the wall roughly at 46 feet.

The board spent most of its discussion on the legal standard for a dimensional variance: whether the applicants have shown an "unnecessary hardship" or a unique physical property limitation that prevents reasonable use of the property under current rules. Several board members said a desire for more usable indoor space because of telework or sunlight on the deck does not by itself meet the hardship standard. Zoning staff and multiple commissioners discussed that existing nonconforming structures are generally allowed to continue but that the Monona ordinance (Chapter 480, cited by staff) limits extensions or enlargements of nonconforming buildings.

Tiffany Tobias described why the family wanted the enclosed room: "we are looking to have another living space, another working space, so that we could stay in the home" and explained the house's location near UW Hospital and related caregiving needs as part of the household's reasons for staying. She and her husband said they had a structural engineer draft plans and that the existing deck has a small cantilever of less than 12 inches; enclosing the space would keep the posts in the current spots and add interior usability.

Neighbors provided written support. Doug, the zoning administrator, read four letters into the record from adjacent homeowners saying the proposed small increase would have "zero negative impact" on views, privacy, or the channel.

Board members discussed prior variance decisions on the block and noted that some nearby properties are more nonconforming than the Tobias lot. Commissioners also noted the lot would not meet today's minimum standards if replatted: staff said the lot is roughly 2,500 square feet smaller than the 10,000-square-foot standard that would apply for a newly platted lot in this zoning district.

After extended deliberation the board first voted on a motion to deny the application; that denial motion failed. The board then voted to approve a narrower variance: authorization to enclose the deck so long as the enclosure does not expand beyond the existing deck's footprint (the board's motion required the enclosure to "not exceed the footprint" and to address items listed by staff). The motion passed. The applicants were instructed to follow up with zoning staff to confirm the exact dimensions and conditions of the approval.

The decision allows the Tobises to proceed with a conditioned sunroom if the final plan conforms to the footprint limitation the board imposed; it does not authorize a broader outward expansion into the shore yard or street-yard setbacks beyond the footprint cap. The board and staff emphasized that a future request to enlarge beyond the approved footprint would require a new application and separate review.

The record for this item includes staff findings, the applicants' plans and survey, and four letters from nearby property owners that were read into the public record. The board's approval included direction that the applicants coordinate final plan details with zoning staff before building permits are issued.