WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING

MINUTES –June 28, 2012

 

 

ON-SITE INSPECTIONS:  The Board made on-site inspections starting at 7:30 a.m. on the KMRWT Subtrust property, Town of Wyoming, Paul G. & Alverne T. Broeren property, Town of Royalton, Dennis M. & Judy A. George property, Town of Fremont and the Barbara A. Krueger property, Town of Dayton.

 

Chm. Loughrin called the meeting to order at 9:58 a.m.  Roll call was taken with the following members present:  J. Loughrin, R. Hoffmann, J. Fulcher, D. Johnson and L. Mares, all present.

 

L. Mares moved and D. Johnson seconded the motion to approve the agenda as presented.  The motion was carried.

 

J. Fulcher moved and R. Hoffmann seconded the motion to approve the minutes from the May 10, 2012 meeting.  The motion was carried. D. Johnson abstained.

 

PUBLIC HEARINGS:

 

 

The first public hearing was called to order at 10:00 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for KMRWT Subtrust:  Located in part of the SE ¼ of the SE ¼ of Sec. 26, Town of Wyoming, lying along Little Falls Rd, Fire Number E4438, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of an attached carport within the required Shoreland structural setback in an AWT (Agriculture and Woodland Transition) District on approximately 9 acres.  Roll call was taken with the following members present:  J. Loughrin, R. Hoffmann, J. Fulcher, D. Johnson 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.

 

 Ron Radies was sworn in to testify.  Mr. Radies said he would like to construct an attached carport for safe entrance to the home due to the runoff from the road.  Mr. Radies said he will be installing two rain gardens to help with the runoff from the road and carport.

 

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 Land and Water Conservation Department regarding rain gardens for runoff.

 

J. Henneman said the proposed carport is on the landward side of the property and the rain gardens will benefit the runoff from the road.

 

D. Johnson moved and L. Mares seconded the motion to GRANT the Petition for Grant of Variance due to the following: When the road was rebuilt, the grade became higher which created a problem with water runoff going towards the dwelling.  It will be an improvement because it will retain the water with utilizing the rain gardens.  With the following conditions:  The project MUST be according to the letter from the Waupaca County Land & Water Conservation Department concerning the rain gardens.  The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to the construction of the open sided carport.  The applicant MUST check with the local Building Inspector for the Town of Wyoming to see if a Building Permit is necessary.   Roll call vote was taken:  J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; D. Johnson —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 10:18 a.m.  The motion was carried.

 

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The second public hearing was called to order at 10:19 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Paul G. & Alverne T. Broeren:  Located in part of Government Lot #1 and also being in part of the NW ¼ of the NW ¼ of Sec. 4, Town of Royalton, lying along EZ Rd, Fire Number N4818, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the addition to an existing driveway which will exceed the impervious surface limitations in an SR-20 (Sewered Residential Single-Family) District.   Roll call was taken with the following members present:  J. Loughrin, R. Hoffmann, J. Fulcher, D. Johnson 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.

 

 Paul and Alverne Broeren were sworn in to testify.  Mr. Broeren said he would like to add to the existing driveway for safety reasons and road runoff.   Mr. Broeren said that the driveway would be built up to be level with the road.

 

A.Broeren said she would like to have the addition to the driveway because the current driveway is a safety hazard.

 

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 two letters, both from adjoining property owners in favor of the application.

 

J. Henneman said the location of the property would require a variance for any improvements.

 

L. Mares moved and R. Hoffmann seconded the motion to GRANT the Petition for Grant of Variance due to the following: The property is located between two public roads which restricts the small sized lot and reduces the impervious surface.  The driveway will be on the landward side of the public roadway and not the waterside.  Roll call vote was taken:  J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; D. Johnson —yes and L. Mares —yes, unanimous vote to GRANT the Variance request.  D. Johnson moved and J. Fulcher seconded the motion to close the hearing at 10:41a.m.  The motion was carried.

 

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The third public hearing was called to order at 10:42 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Dennis M. & Judy A. George:  Located on Lot #5 of the Replat of Hahn's Subdivision and also being in part of the SE ¼ of the SW ¼ of Sec. 31, Town of Fremont, lying along Arrowhead Rd, Fire Number N139, Waupaca County, Wisconsin; for the construction of an attached garage with less than the required side yard setback.    Roll call was taken with the following members present:  J. Loughrin, R. Hoffmann, J. Fulcher, D. Johnson 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.

 

 Dennis George was sworn in to testify.  Mr. George said he would like to replace the existing garage but doesn't meet the side yard setbacks.  Mr. George said that the new garage would create more green space and look more pleasing.

 

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 due to the pie shaped lot the landowner cannot meet the side yard setback.

 

D. Johnson moved and L. Mares seconded the motion to GRANT the Petition for Grant of Variance due to the following: This is an irregular shaped lot and small in size which makes it difficult to meet the required setbacks.  This structure will be 135 feet to the water which meets the required setback and it does not block the neighbor’s view corridor.  With the following conditions:  The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to the construction of the garage.  The applicant MUST obtain a Building Permit from the local Building Inspector for the Town of Fremont prior to construction of the garage.  Roll call vote was taken:  J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; D. Johnson —yes and L. Mares —yes, unanimous vote to GRANT the Variance request.  J. Fulcher moved and D. Johnson seconded the motion to close the hearing at 10:59 a.m.  The motion was carried.

 

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The fourth public hearing was called to order at 11:00 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Barbara A. Krueger:  Located on Lot #6 of Goslings Channel Park and also being in part of the SW ¼ of the NE ¼ of Sec. 4, Town of Dayton, lying along Channel Park Dr, Fire Number E1223, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a dwelling with less than the required road and side yard setbacks in an SR-20 (Sewered Residential Single-Family) District on approximately .17 acres.  Roll call was taken with the following members present:  J. Loughrin, R. Hoffmann, J. Fulcher, D. Johnson 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.

 

 DuWayne & Barbara Krueger and Victor Krawczyk were sworn in to testify.  Mr. Krueger said he would like to construct a year round dwelling but doesn't meet the road and side yard setbacks.

 

B. Krueger said the new structure will meet the water setback which the current cottage does not.

 

V. Krawczyk said the proposed site plan will improve the slope of the driveway for runoff and the dwelling will also meet the setback from the water.

 

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 due to the irregular configuration of the lot it makes it difficult to meet the roadway and side yard setback.

 

J. Fulcher moved and D. Johnson seconded the motion to GRANT the Petition for Grant of Variance due to the following: The lot is irregular in shape and small in size which makes it difficult to meet the required setbacks.  The dwelling will be meeting the required 75 foot setback to the water. With the following conditions:   The applicant MUST submit a landscaping plan to control the erosion and water runoff to the lake to the Planning & Zoning Office.  The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to the construction of the dwelling.  The applicant MUST obtain a Building Permit from the local Building Inspector for the Town of Dayton prior to the construction of the dwelling.  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.  L. Mares moved and D. Johnson seconded the motion to close the hearing at 11:20 a.m.  The motion was carried.

 

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REVIEWS:

 

The Board reviewed the Grant of Variance (V-004-12) for Dorothy Armbruster located in Sec. 126, Town of Fremont and the Grant of Variance was clarified.

 

The Board reviewed the Grant of Variance (V-007-12) for Yat Wai & Sau Ching Cheng located in Sec. 21, Town of Mukwa and a revised site plan was submitted.

 

J. Fulcher moved and D. Johnson seconded the motion to adjourn the meeting at 12:14 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