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Zoning – Variance Request

By: Derek Hawkins//February 1, 2017//

Zoning – Variance Request

By: Derek Hawkins//February 1, 2017//

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WI Court of Appeals – District IV

Case Name: Leah Johnson and Mitch v. City of Madison Zoning Board of Appeals

Case No.: 2014AP2497

Officials: Lundsten, Higginbotham and Blanchard, JJ.

Focus: Zoning  – Variance Request

Leah Johnson and Mitch (collectively, “Johnson”) appeal a decision by the City of Madison Zoning Board of Appeals, which denied Johnson’s request for a setback variance. Johnson owns a reverse-corner lot in the Greenbush Neighborhood of Madison, which is a TR-C3 zoning district. Johnson wishes to replace the 246-square-foot detached garage currently on her lot with a 660-square-foot garage. Madison’s zoning regulations require a ten-foot setback for garages on reverse-corner lots in TR-C3 districts. Johnson requested a setback variance to build the proposed garage five feet into the setback area. The Board heard and rejected Johnson’s variance request. Johnson appealed to the circuit court, which sustained the Board’s decision. Johnson appeals.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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