2015/03/31 - LAND USE - VAR - Other

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VAR-15-02: Huppert February 17, 2015 Burnett County Staff Report Application Request: Exchange lands between adjacent parcels/lots. Parcels/lots are substandard. Current facts about the parcel: - PIN #07-020-2-40-16-36-5 05-004-014000(Lot 3 CSM V1 Pg 130— 100 ft lake frontage) and PIN #07-020-2-40-16-36-5 05-004-015000 (Lot 4 CSM V1 Pg 130— 100 ft lake frontage), both located in Section 36,T40N, R16W (Town of Oakland). - Zoned RR-2: 1.5 acre minimum lot size, minimum width 300 ft. 30-413. - Connors Lake, Class 3: 75,000 sq ft minimum lot size, minimum lot width 300 ft. 30-509(d). - When zoning district dimensional requirements and lake class dimensional requirements differ, the larger minimum dimensional requirements shall prevail. 30-509(c). In this case it would be the RR-2 zoning district dimensional standard requiring 1.5 acres and 300 ft lot width. - The current home on Lot 3 (older home) is a legal nonconforming structure. It is nonconforming for lake setback. Class 3 lakes require a 100'setback to the Ordinary High Water Mark(OHWM). - The current home on Lot 4 (newer home/garage)appears to be conforming for lake setback. - There appears to be some floodplain on the parcels, but it doesn't appear to be in the area of the buildings per FEMA data. No wetlands on the parcels according to WI DNR data. Comprehensive Plan: Burnett County 2030 Comprehensive Plan adopted in 2010 shows this area as Shoreland Residential. Purpose:To recognize the shore lands adjacent to lakes ... as areas historically prone to development pressure. Goal: Establish appropriate strategies for the management of future development of these areas that address; environmental quality, maintaining views and open space, maintaining community character, and potential recreational activity conflicts. Preferred Use: Residential uses that are compatible with their immediate surroundings. Recommended Policies: Stay consistent with Lakes Classification System for lot size and density. Possible items to resolve/address: - Concerns brought before the committee from other parties (neighbors, public,Town of Oakland, state agencies, other county departments, etc). Three Step Variance Test: To qualify for a variance the applicant must demonstrate that their property meets the following three requirements. 1- Unique property limitations—Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a large Page 1 of 2