A Call to Action on Shoreland Zoning!
By Phil Salkin, Governmental Affairs Director
This article originally appeared in the
August 2008 Issue of the REALTOR® Review

Our Members lead busy lives between their families, their practice of real estate and the many obligations they undertake for their communities, churches, and other causes. They have the right to expect that their Association will represent their interests when it comes to local and regional government. However, there are times when we need your help to get things done ­ and this is one of those times. THIS IS A CALL TO ACTION ON SHORELAND ZONING! This call relates to Ordinance Amendment 2 before the Dane County Board.

This issue is now over two years old. It started with an attempt by one of our Members to build two homes in the Arboretum neighborhood by Lake Wingra. To stop this small project, a County Board supervisor proposed an ordinance (without conducting any research) that would take the "grandfathered rights" away from substandard lots (less than 15,000 sq. feet with a sewer, less than 20,000 sq. feet without) in the shoreland zones in the Dane County towns. The shoreland zone extends 1,000 feet from all lakes and ponds and 300 feet from streams, rivers or ditches. As we discovered, this would impact about 13,000 lots.

A REALTOR® led effort stopped this ill-considered legislation, but its backers were not deterred. They went to the unelected Dane County Board of Adjustment and asked them to draft an opinion that the County has not been correctly interpreting and enforcing its own ordinance on shoreland zoning for about 30 years. Remarkably, they did just that, opining that to protect water quality, any home on a substandard lot would now need a variance for any building permit, even if it related to improving the interior of an existing home or replacing a deck. Since then, the County has been struggling to deal with an increasing number of requests for variances, while other property owners are simply ignoring the ruling. Some property owners have paid thousands of dollars to comply with the Board of Adjustment and our Members report potential buyers shying away from purchasing these homes.

Recently, we scored an important victory when Roger Lane, the capable Dane County Zoning Administrator ruled that homeowners did not have to obtain a variance for minor projects or maintenance. He also worked with the REALTORS® and responsible supervisors like Eileen Bruskewitz to craft OA 2, which would restore the grandfathered rights to about 94% of the thousands of affected property owners while helping to enhance water quality. We also discussed developing new standards to help the other 6% be able to use their property in a manner consistent with lake protection. THIS IMPORTANT COMPROMISE LEGISLATION IS THREATENED BY THE ACTIONS OF SOME DANE COUNTY SUPERVISORS.

Now is the time for you to be heard! Call your County Board Supervisor and ask them to support OA 2 without the amendments proposed by Sup. Pat Miles and others. Let them know that thousands of property owners are facing, or have already lost property value. This impacts their families, as well as local governments and school boards that rely on the tax base these properties provide. DON'T KNOW YOUR COUNTY BOARD SUPERVISOR? WANT MORE INFORMATION? CALL PHIL AT 608.438.7993.

THANK YOU ­ TOGETHER WE FIGHT BAD LAWS AND PASS GOOD ONES!.

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