Fiscal Note
No City appropriation required.
Title
Authorizing the execution of a partial release of a platted “Building Construction Envelope” on Lot 29 of the Stonefield Ridge subdivision located at 5 Hodgson Court (District 19).
Body
PREAMBLE
The parcel at 5 Hodgson Court is developed with a two-story single-family residence located on Lot 29 of Stonefield Ridge, a subdivision plat recorded on July 20, 1988 that created 68 lots for single-family residences.
As part of the platting of Stonefield Ridge, a number of conditions were imposed by the Plan Commission and Common Council to limit the subdivision’s impact on the existing mature trees located along portions of the northern and eastern edges of the 31.2-acre development parcel. Those conditions included the creation of “Building Construction Envelopes” on Lots 28 and 29, which were identified as the areas on those lots in which residences could be built. Land disturbance outside of those envelopes is prohibited per a note on the final plat.
Upon recording of the final plat of Stonefield Ridge with the building envelopes, setback lines, and tree management zone required by the City as conditions of subdivision approval, those elements became restrictions for public benefit. Restrictions for public benefit are governed by Section 236.293 of Wisconsin Statutes, which states: “Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body or public utility the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction.” Such a restriction may be released or waived in writing by the public body or public utility having the right of enforcement.
The current owners of 5 Hodgson Court, David C. and Robin R. Jelinek, are requesting to amend the building construction envelope on Lot 29 to allow construction of a 16-foot wide and 26-foot deep addition to the east side of their residence. The proposed addition would extend beyond the platted building construction envelope. The owners propose to the modify envelope to move the line approximately 33.5 feet from the northern line of Lot 29 (about 20 feet north of the existing north wall of the residence) and approximately 44.15 feet from the westernmost point from the side lot line (15 feet west of the western wall) as shown on an exhibit attached to this resolution.
The proposed resolution will allow the existing envelope to be enlarged to accommodate the owner’s proposed addition while ensuring that the significant trees present generally north and west of the residence are not impacted. There are no trees located in the expanded building construction envelope.
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WHEREAS the final plat of Stonefield Ridge was recorded at the Dane County Register of Deeds on July 20, 1988, said plat creating 68 lots intended for development with single-family dwellings, and
WHEREAS the preliminary plat of the Stonefield Ridge development was approved by the City of Madison Common Council on March 1, 1988 by Resolution 44,346 (ID 2617) following approval by the Plan Commission on February 2, 1988. The preliminary plat was approved subject to the conditions contained in a letter to the applicant and property owner dated March 4, 1988, and
WHEREAS the final plat of Stonefield Ridge was approved by the Common Council on May 17, 1988 by Resolution 44,677 (ID 3273) on June 21, 1988 subject to conditions, and
WHEREAS the Stonefield Ridge subdivision was approved subject to Plan Commission and Common Council conditions that included the establishment of a 40-foot rear yard building setback line parallel to the eastern line of the subdivision, a tree management zone in the northeastern corner of the plat, and building construction envelopes on Lots 28 and 29 of the final plat, all of which were intended to preserve existing mature trees present on the site at the time of development and to limit the impact of the subdivision on those trees, and
WHEREAS the 40-foot rear yard building setback line, tree management zone, and building construction envelopes required as a condition of the City’s approval of the subdivision are shown on the recorded final plat, and are therefore restrictions for public benefit as regulated by Section 236.293 of Wisconsin Statutes, and
WHEREAS Section 236.293 states that a restriction for public benefit may be released or waived in writing by the public body or public utility having the right of enforcement, and
WHEREAS the owners of Lot 29 of Stonefield Ridge (5 Hodgson Court) are requesting to expand the building construction envelope on their lot to allow an addition to be constructed,
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 236.293 of Wisconsin Statutes, the Mayor and the City Clerk are hereby authorized to execute a partial release of the Building Construction Envelope established on Lot 29 of the final plat of Stonefield Ridge as shown on the attached exhibit. The recordable release document shall be in a format reviewed and approved by the City of Madison Attorney’s Office and Planning Division prior to final execution and recording with the Dane County Register of Deeds.
BE IT FURTHER RESOLVED that the tree management zone established on the final plat of Stonefield Ridge that also affects Lot 29 shall remain and that no development shall be allowed in that zone or outside the modified construction envelope consistent with the conditions of the original subdivision approvals.