Phone: 608-833-5887 Fax 608-833-8996 Web: www.town.middleton.wi.us email: info@town.middleton.wi.us

Town Of Middleton

7555 W. Old Sauk Road

Verona, WI 53593

To: Town Board

From: David Shaw, Town Administrator

Re: Agenda item #7 - Holman Driveway, 3496 Leflore Court.

Date: April 29, 2014

Late last year, we discovered that the driveway at 3496 Leflore Court had been repaved. It appeared to be

wider than permitted. Consequently, we sent the resident a letter putting them on notice that their driveway

did not conform to our ordinances. Currently the driveway is 43 feet wide at the edge of pavement and 36

feet wide at the property line versus a maximum of 28 feet wide and 22 feet respectively per our ordinance.

The resident subsequently came in to discuss the issue. They had hired a contractor to pave the driveway as

previously it was gravel. It was his believe that no permit would be needed for repaving an existing driveway.

In bringing up aerial

photography, we see that there

was no substantive change to

the width of the driveway.

Phone: 608-833-5887 Fax 608-833-8996 Web: www.town.middleton.wi.us email: info@town.middleton.wi.us

We use the permitting

process for existing

driveways to determine if

an existing driveway that

does not meet our

current standards can be

improved. If it can, how

can this be done and at

what cost to the

homeowner. In this case,

the paver simply replaced

what was there whereas

we would have asked for

it to be made narrower to

comply with other

driveways.

The only concern is the

area within the road right

of way. The driveway

that is on their property

may be whatever they

wish it to be.

This is an issue of

precedence. If we allow

this driveway as is, who

else may come in asking

for something similar?

Phone: 608-833-5887 Fax 608-833-8996 Web: www.town.middleton.wi.us email: info@town.middleton.wi.us

Chapter 237

DRIVEWAYS AND CULVERTS

§ 237-1. Driveway permits; culvert requirements.

A. Purpose. For the safety of the general public, the Town of Middleton shall determine the location, size,

construction and number of access points to public roadways within the Town limits. It is the Town's

intent to provide safe access to properties abutting public roadways suitable for the property to be

developed to its highest and best use, provided that access is not deficient or dangerous to the general

public.

……………………………..

§ 237-2. Driveway and culvert location, design and construction requirements.

……………………………

C. Special requirement for residential driveways. The following regulations are applicable to driveways

serving residential property:

(1) Width. Unless special permission is first received from the Town Board, or

committee thereof, a residential driveway shall be no greater than 28 feet wide at the

curbline or pavement edge and 22 feet wide at the road right-of-way.

(2) Angular placement. The center line of the drive may be parallel to the property line of the lot where

access is required or at right angles to the curbline.

D. Appeal from permit refusal. Any person feeling himself aggrieved by the refusal of the Town Board to

issue a permit for the private driveway may appeal such refusal to the Town Board within 20 days after

such refusal to issue such permit is made.

Phone: 833-5887 Fax: 833-8996 Web: www.town.middleton.wi.us email: info@town.middleton.wi.us

TOWN OF MIDDLETON

7555 W. OLD SAUK ROAD

VERONA, WI 53593

12 December, 2013 Mr. David Holman 3496 Leflore Ct. Verona, WI 53593 Re: Driveway We noticed that you recently had your driveway repaved. All driveway construction/ reconstruction requires a driveway permit and an inspection prior to paving to ensure that it meets all Town Driveway Requirements in the road right-of-way. Your driveway width at the street and at your property line exceeds the widths allowed. This means that the portion of your driveway in the road right of way will need to be removed and replaced to meet the Town Ordinance Standards. This work must be completed no later than 7-1-2014. A Driveway Permit Application is included. There is no fee for the permit. If you have questions, I can be reached at 608-833-4346. Thank you, Fred Hankel Town Inspector cc Town of Middleton

4-30-14

To The Town of Middleton,

We have been asked by David Shaw to provide an explanation regarding the re-pavement of our driveway at

3496 Leflore Court. We purchased this property in June of 2010. The previous owner, Ron Krantz, had vacated

the property approximately two years prior to our purchase. After purchasing the property we cut back

overgrown brush and were forced to replace the driveway which was in significant disrepair. The driveway is

situated at the end of a cul-de-sac and barely visible due to a fairly steep downhill grade. The driveway crosses

an easement between two lots situated at the end on the cul-de-sac. We do not own either of these lots which

are presently on the market. The driveway will service up to three homes.

After receiving numerous bids, we decided to make the significant financial investment and hired a reputable

contractor (Wolf Paving) to replace the existing driveway. Five months following completion of the project, we

received a letter from the Town of Middleton notifying us that we did not secure a required permit and the

driveway width, at the entrance, was not in compliance with residential zoning requirements. We were also

asked to remove a portion of the driveway to meet this residential requirement. Naturally given our significant

financial investment we are reluctant to tear up part of our new driveway.

Beyond the financial investment we believe the following factors should be considered.

This project did not involve an expansion of the previous driveway. In fact, the thought never occurred

to us, nor would we have been interested in the additional costs of an expansion for an already

expensive project.

Due to the steep downward incline, the wider entrance improves safety for incoming and outgoing cars.

The driveway will also likely service two additional homes at some point in the future. The driveway is

situated on an easement that dissects the edge of two lots at the end of the cul-de-sac. Essentially, the

width of the driveway at the entrance should be considered in the context of two separate driveways,

and any width restriction should apply to two lots.

Additionally, upon researching the Town of Middleton zoning rules, it appears the requirements being

imposed apply only to property zoned for residential. As you may be aware, our property is zoned for

agriculture. Our research did not find any authority suggesting the residential rules apply to all

properties zoned agriculture.

Finally, we were surprised to receive the letter five months after completion of the project, particularly

given the fact we have received no complaints from our neighbors.

While we apologize that the proper permit was not secured and do not believe that this project requires a

variance, we respectfully request that the Town of Middleton withdraw it’s request for partial removal of our

driveway.

We are happy to answer any questions you may have.

Melissa and David Holman Homeowners at 3496 Leflore Court 824-9779 / dhoman@tds.net