How zoning can impact property owners planning to build. A blog series by Wayne Branum, AIA
Over many years of practicing architecture in Minnesota and Wisconsin I have been surprised by how many property owners are not fully informed about the issues involved with building new or remodeling their properties, especially on bodies of water. In this blog series I plan to provide some basic information I hope will help and inform property owners who may be thinking about building in the future.
In the first installment I covered basic information gathering. In this installmant I want to add a couple possible setbacks I missed that can come into play such as wetlands, flood planes, and easements. I've covered what you need to be ready for thinking about what you can do within your zoning limitations. The following case studies are examples of good ways for you to understand how the process can work.
Case study #1 (Wisconsin Lake Property)
A property owner wishes to invest in their lake cabin property and make it their permanent lake home in retirement. The family’s living requirements expand and they decide the cabin must go so a new structure can be built. In this case the building requirements can be met within the setbacks of the property. The impervious surfaces are within the limits allowed and the height of the building fits within the height requirements. The project proceeded without any deviation from the regulations. Here are some notes from this selected option:
Garage turned so 60% of street face is house and no garage doors. Upper garage has good south light. Most of the house spaces get good daylight. Sunlight can penetrate deeper into house. Dining view to the northwest. Driveway close to east patio and porch. Arrival access to lake around bedroom not ideal, but better than garage obstruction in other proposals.
Case study #2 (Wisconsin Lake Property)
A property owner with an existing lake cabin wishes to expand the cabin and update it to provide more room for a growing extended family. The cabin was older and built before many of the current regulations were enacted. The survey revealed a number of setbacks that were surprising. This lot was not small by developed lake standards, yet there was only a very small, oddly shaped space on the lot that fell within the setbacks. It did not include the existing cabin within the shape. This property required a variance from the standards in order for the property owner to achieve their goals for the family.
The yellow sections in the case study are the buildable footprint if all setbacks are imposed.
While a number of options were studied for this project including a completely new structure, in the end an addition to the existing building was proposed. This proposal required intrusion into setbacks. A variance was eventually approved after review by four separate authorities! The time for the design and plan approvals were lengthy. Some of the zoning requirements also influenced design aspects such as the ability to have a basement. This property was in a flood plane and is a condition you do not always associate with lakes.
Variances are a serious matter. The owner has a right to use their property and yet the authorities have a duty to enforce the ordinances. These ordinances were created to protect and preserve the natural resource the owner has access to. Variance bodies need to balance the goals of both parties. The property owner must demonstrate a hardship in order to receive a variance.
If there is a lesson to be learned here, it would be to get a survey first when building on water! Even general research can potentially save a lot of time and money in both the designing and building process if done earlier on. For instance, the Wisconsin DNR has an extensive page covering shore land zoning ordinances HERE. Many states have similarly informative and helpful pages for residents looking to build. The video below has great info on the steps to creating a site plan and why each piece is integral when submitting to the various agencies.