Date:      8/15/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:          Agenda Item 8: Certified Survey Map – Davel Engineering – 1089 Irish Rd.

As was stated in the previous memo for the McGann Acres final plat, Outlot 1 was not acceptable to the Town or Winnebago County. Therefore, the applicant is proposing a CSM to attach the outlot with the adjacent residential lot, which is owned by Thomas Faella. The new Lot 1 will be 22,175 sq. ft. The existing home will conform to the 30 ft. street setback when McGann Ct. is constructed.

But after the filed survey, it was determined that the existing home did not conform to the Irish Rd. street setback since it was shown to be 22.4 ft. After researching the parcel record, it was discovered that the home was built in 1970, before the adoption of the joint Town/Winnebago County Zoning Ordinance. Therefore, the structure is a legal, nonconforming structure and is limited to the 50 percent addition/alteration rule. As a side note, the property owner did pull a permit in 2001 for an addition and alterations but they did not exceed 50 percent of value or square footage of the existing structure. Furthermore, past site plans in the file all indicated that the home met the 30 ft. setback. The proposed CSM though is not affecting the Irish Rd. street setback and the McGann Ct. street setback will conform to the minimum 30 ft. requirement.

Staff Recommendation

Staff recommends approval of the CSM.