WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –May 10, 2012
ON-SITE INSPECTIONS: The Board made on-site inspections starting at 7:30 a.m. on the Zach Johnson & Cody Bunk property, Town of Helvetia, Dorothy J. Armbruster property, Town of Fremont, Donald Gitzel property, Town of Lind and the Joel D. Thibaudeau property, Town of Dayton.
Chm. Loughrin called the meeting to order at 9:45 a.m. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, G. Blum and L. Mares, all present.
L. Mares moved and R. Hoffmann seconded the motion to approve the agenda as presented. The motion was carried.
G. Blum moved and L. Mares seconded the motion to approve the minutes from the April 5, 2012 meeting. The motion was carried.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:47 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Dorothy J. Armbruster: Located in part of Government Lot #1 and also being in part of the SW ¼ of the NW ¼ of Sec. 26, Town of Fremont, lying along Anna Ave, Fire Number N796, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a garage within the required Shoreland structural setback. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, G. Blum and L. Mares, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Pat Gambsky was sworn in to testify. Pat Gambsky said he would like to purchase the property and combine it with his. He would then like to put an addition onto his garage. He meets the 25% impervious surface and the 50 foot setback from the channel, granted in a previous variance.
Chm. Loughrin called three times for any testimony in favor of the application. There was none.
Chm. Loughrin called three times for any further testimony in opposition to the application. There was none.
Deb read one letter from the Department of Natural Resources in opposition.
J. Henneman said in order to meet the Floodplain ordinance Pat would have to put in 15 feet of fill, one foot above the 100 year floodplain. Jeff said he would recommend that the fill be reduced to 10 feet and removal of the existing buildings for mitigation.
J. Fulcher moved and G. Blum seconded the motion to GRANT the Petition for Grant of Variance due to the following: The small size and shape of the property; and the variance is contingent on the proposed sale which would remedy the current violations on the property. With the following conditions: The project MUST meet all the requirements of the Waupaca County Floodplain Ordinance. The applicant SHALL remove the existing structures according to the “proposed” site plan as presented to the Board. The proposed 25’ X 45’ garage SHALL be reduced by 10 feet to 25’ X 35’. The applicant MUST continue the restoration of the vegetation. The applicant MUST reduce the required flood protection fill around the proposed structure from 15 feet to 10 feet along Anna Avenue. The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to the construction of the garage. The applicant MUST check to see if a Building Permit is necessary from the local Building Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; G. Blum —yes and L. Mares —yes, unanimous vote to GRANT the Variance request. J. Fulcher moved and L. Mares seconded the motion to close the hearing at 10:20 a.m. The motion was carried.
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The second public hearing was called to order at 10:21 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Joel D. Thibaudeau: Located in part of the NE ¼ of the NE ¼ of Sec. 24, Town of Dayton, lying along Akron Rd, Fire Number N1172, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a concrete patio within the required Shoreland structural setback in an RR (Rural Residential) District. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, G. Blum and L. Mares, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Joel Thibaudeau was sworn in to testify. Joel Thibaudeau said I have a concrete patio that is within the 75 foot setback. I didn't know that you needed a permit for a concrete slab. Jeff Henneman made a visit and said that there is a 100 foot setback for Gooseneck Lake.
Chm. Loughrin called three times for any testimony in favor of the application. There was none.
Chm. Loughrin called three times for any further testimony in opposition to the application. There was none.
J. Henneman said Gooseneck Lake has a 100 foot structural setback. The patio was put in without a permit so this will be an after the fact permit.
J. Fulcher moved and L. Mares seconded the motion to DENY the Petition for Grant of Variance due to the following: The hardship is self created due to the applicant not obtaining the proper permits and the applicant has other options available. The patio does not meet the required Shoreland setbacks. With the following conditions: The applicant MUST remove part of the patio on the waterward side of the dwelling 12x23, but is allowed to keep the 8x8 section. The applicant may relocate the patio to the east side of the dwelling and north of the remainder of the patio. The applicant MUST obtain a Shoreland permit from the Waupaca County Planning & Zoning office for the existing patio and any future structures to be erected on the property. (After the fact permit for existing patio is a double fee of $600.00). The applicant MUST check to see if a Building Permit is necessary from the local Building Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; G. Blum —yes and L. Mares —yes, unanimous vote to DENY the Variance request. R. Hoffmann moved and G. Blum seconded the motion to close the hearing at 10:48 a.m. The motion was carried.
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The third public hearing was called to order at 10:49 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Zach Johnson & Cody Bunk: Located in part of the NW ¼ of the NW ¼ of Sec. 17, Town of Helvetia, lying along Lake Rd, Fire Number E2917, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a deck within the required Shoreland structural setback in an RR (Rural Residential) District on approximately 1.13 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, G. Blum and L. Mares, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Zach Johnson was sworn in to testify. Zach Johnson said that he built the deck within the Shoreland setback but there is marsh land and a floating bog on both sides of the property.
Chm. Loughrin called three times for any testimony in favor of the application. There was none.
Chm. Loughrin called three times for any further testimony in opposition to the application. There was none.
J. Henneman said Zach had obtained a Shoreland permit and it appeared he met the setback from the lake according to the Waupaca County GIS mapping. Jeff said when he went out to the property to mark the OHWM he found the floating bog on both sides of the property. Jeff said the property meets the impervious surface limit.
G. Blum moved and J. Fulcher seconded the motion to GRANT the Petition for Grant of Variance due to the following: The property is located on a peninsula with water on three sides of it. Due to the nature of the water bodies on both sides of the property. With the following conditions: The applicant MUST obtain a Shoreland Permit from the Waupaca County Planning & Zoning Office. The applicant MUST check to see if a Building Permit is necessary from the local Building Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; G. Blum —yes and L. Mares —yes, unanimous vote to GRANT the Variance request. J. Fulcher moved and R. Hoffmann seconded the motion to close the hearing at 11:03 a.m. The motion was carried.
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The fourth public hearing was called to order at 11:04 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Donald Gitzel: Located on Lot #43 of the Wisconsin/Northern Michigan Ministries Network and also being in part of the SW ¼ of the SW ¼ of Sec. 18, Town of Lind, lying along Birch Lane, Fire Number E2531, Waupaca County Wisconsin; for a Petition for Grant of Variance for the construction of a deck exceeding the impervious surface limitation in an RR (Rural Residential) District. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, G. Blum and L. Mares, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Donald Gitzel was sworn in to testify. Donald Gitzel said he would like to exceed the 25% impervious surface limit to build a deck. Since he submitted his application and site plan he has decided to reduce the deck to 22 x 12 feet.
Chm. Loughrin called three times for any testimony in favor of the application.
Rod Chapman was sworn in to testify. Rod Chapman said he is the former Chairman of the Leaseholder Property Management Committee (LPMC) of the Spencer Lake Christian Center. The proposed deck is well within the setback limits. The Committee was in favor of the application.
Chm. Loughrin called three times for any further testimony in opposition to the application. There was none.
J. Henneman said the deck meets the Shoreland setback but exceeds the impervious surface.
J. Fulcher moved and L. Mares seconded the motion to GRANT the Petition for Grant of Variance due to the following: The property meets all regulations except the impervious surface limit due to the common zoning on a large parcel of land. Meets required setbacks and conforms with the intended use of the parcel. With the following conditions: The applicant decided to reduce the deck to 12x22 instead of 14x22 as originally proposed. The applicant MUST obtain a Shoreland Permit from the Waupaca County Planning & Zoning Office prior to the construction of the deck. The applicant MUST check to see if a Building Permit is necessary from the local Building Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; G. Blum —yes and L. Mares —yes, unanimous vote to GRANT the Variance request. J. Fulcher moved and G. Blum seconded the motion to close the hearing at 11:15 a.m. The motion was carried.
DISCUSSION:
Ø Grant of Variance (V-006-11) for Mark & Beverly Feucht Revocable Trust located in Sec. 34, Town of Farmington. Steve Shambeau appeared before the Board of Adjustment representing the Mark & Beverly Feucht Revocable Trust property for clarification of the decision in regards to the windows, vinyl siding and insulation. The Board decided that the windows need to remain the same. The same vinyl siding may be used on the sunroom to match the dwelling. The insulation is to remain the same R value as the sunroom was.
Ø Jeff Siewert, Corporation Counsel appeared before the Board to discuss enforcement on current violation court cases. The Board recommended that Jeff continue to pursue the violations.
R. Hoffmann moved and L. Mares seconded the motion to adjourn the meeting at 12:47 p.m. The motion was carried.
The Board adjourned.
Respectfully submitted,
Jack Fulcher, Secretary
Waupaca County Board of Adjustment
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cc: County Clerk