Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Variance topic
No spam. Unsubscribe anytime.
Madison Board of Zoning Appeals approves setback variance for duplex at 1125 Walnut St.
Summary
The Madison Board of Zoning Appeals on July 13 approved a variance allowing a duplex at 1125 Walnut Street to be built with a four-foot side-yard setback and front stairs within the front-yard setback; the board required compliance with FEMA elevation rules and side parking.
The Madison Board of Zoning Appeals approved a development-standards variance on July 13 that will let a duplex be built at 1125 Walnut Street with a four-foot side-yard setback and front stairs within the front-yard setback.
The board granted application BZVDDash26Dash6 after hearing from applicant Brian Marshall, who said an old house on the lot was demolished earlier this year and that he has an existing driveway to the rear and an elevation survey. "I've already talked to the DNR," Marshall said, adding he understood he must build two feet above the 100-year floodplain.
A nearby resident, Kenneth Van Wy of 1133 Walnut Street, told the board he has lived on the block since childhood and said he has "seen it many a times" flood near the proposed site. "It does flood up above that bank," Van Wy said.
Staff presented state DNR mapping and explained the local floodplain ordinance and federal requirements: "This shows all of the flood elevations within the state," the staff member said as the map was displayed, and the chair noted, "the bottom of his first floor has to be 2 feet above that," referring to Federal Emergency Management Agency (FEMA) elevation requirements and the city's elevation-certification process.
Staff also described the requested variance as a four-foot side-yard setback and permission for the front stairs to be located within the front-yard setback, and recommended a condition that required required parking spaces be provided at the side of the structure rather than in the public right-of-way. Staff reminded the board that the city's Unified Development Ordinance requires two parking spaces per dwelling unit for single- and two-family dwellings and that parking in the right-of-way needs separate Board of Works approval.
Board members ran the three findings of fact required for a development-standards variance (injurious to public health/safety, effect on adjacent properties, and practical difficulty). The board found no evidence that the duplex would injure public health, safety or morals and concluded the practical-difficulty criterion was met because parts of the lot are constrained by floodplain and the parcel's layout dating from earlier ordinances.
Chair moved to approve BZVDDash26Dash6; after a second the board approved the variance by roll call: Scott Baldwin—Yes; Carla Nguyen—Yes; Nancy Berger—Yes; Bridal Manning—Yes.
The board's approval is subject to compliance with floodplain requirements, elevation certification by a licensed surveyor, and the staff-recommended parking condition. The chair closed public comment before proceeding to the finding and vote.
The applicant was informed the board granted the variance and the meeting moved to the next agenda item.
