WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –June 27, 2013
ON-SITE INSPECTIONS: The Board made on-site inspections starting at 9:30 a.m. on the Quantum Dairy LLC property, Town of Weyauwega; the Richard L. & Dawn Christenson property, Town of Scandinavia; the Edward B. & Cherie A. Graff property, Town of Farmington; and the Kristina M. & John W. Bonnell property, Town of Farmington.
Chm. Loughrin called the meeting to order at 9:30 a.m. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer and L. Mares, all present.
L. Mares moved and J. Fulcher 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 October 11, 2012 meeting. The motion was carried.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:33 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Quantum Dairy LLC: Located in Sec. 17, Town of Weyauwega, lying along Anklam Road, Fire Number N1548, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a porch with less than the required road setback in an AR (Agriculture Retention) District on approximately 15 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer 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.
Richard Wagner was sworn in to testify. Mr. Wagner said he would like to replace the porch on the existing farm house to preserve the historical character. Mr. Wagner said that when the original farm house was built there were no required setbacks.
J. Henneman explained the required road setback.
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.
L. Mares moved and J. Beyer seconded the motion to GRANT the Petition for Grant of Variance due to the following: The house was built about 70 years ago prior to Zoning regulations so there were no required setbacks at that time. The previous porch was in disrepair so it had to be removed and the applicant would like to replace the porch in the same location to keep the character of the old farm house, this would be located in the middle of a farm owned by the applicant. Bringing it into compliance would destroy the character of the old farm house. With the following conditions: The construction of the porch shall be no closer than 22 feet 6 inches to the road right-of-way. The applicant MUST obtain a Land Use Permit from the Waupaca County Planning & Zoning Office prior to construction of the porch. The applicant MUST obtain a Building Permit from the local Building
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
June 27, 2013
Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and L. Mares —yes, unanimous vote to GRANT the Variance request. J. Beyer moved and J. Fulcher seconded the motion to close the hearing at 9:48 a.m. The motion was carried.
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The second public hearing was called to order at 9:49 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Richard L. & Dawn Christenson: Located in Sec. 29, Town of Scandinavia, lying along County Highway V, Fire Number E526, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the addition/improvement to an existing nonconforming structure with less than the required road setback in an AE (Agriculture Enterprise) District on approximately 10.66 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer 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.
Richard L. & Dawn Christenson were sworn in to testify. Mr. Christenson said that the existing garage needs repairs and a frost wall. Mr. Christenson said that all the repairs would remain in the same footprint and would not affect the road right of way.
Dawn Christenson said that they live on a dead end road and the traffic is minimal.
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 Giuffre read one letter from the Town of Scandinavia regarding the verification of the road, road right of way and setback.
Richard L. & Dawn Christenson came back for rebuttal. Mrs. Christenson said that the Township requested a survey because of the road right of way setback and that is why she applied for the Variance.
Richard Christenson said the garage is existing and the repairs will not affect the road right of way.
Ryan Brown, Planning & Zoning Director explained the request of the Town of Scandinavia regarding the road and road right of way.
J. Fulcher moved and L. Mares seconded the motion to CONTINUE the Petition for Grant of Variance due to the following: The Board would like to wait to make their decision until after the Town of Scandinavia files an “Order of Making a New Highway Record” to designate this as a 3 rod road. If a 3 rod road is approved, a new survey will be completed at the Town’s expense and proper marking of the road right-of-way can be established at that time. Once the Planning & Zoning Office receives notification from the Town of Scandinavia that the right-of-way has been determined, the public hearing will be continued. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes;
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
June 27, 2013
R. Hoffmann—yes; J. Beyer —yes and L. Mares —yes, unanimous vote to CONTINUE the Variance request. J. Beyer moved and L. Mares seconded the motion to close the hearing at 10:22 a.m. The motion was carried.
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The third public hearing was called to order at 10:23 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Edward B. & Cherie A. Graff: Located in Sec. 34, Town of Farmington, lying along Grandview Road, Fire Number E1456, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a deck with less than the required side yard and water setbacks; and exceeding the impervious surface limitation in a PD (Planned Residential Development) District on approximately .172 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer 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.
Cherie Graff & Charles Hudson were sworn in to testify. Mrs. Graff said she would like to have a deck constructed to allow for access to the Shoreland.
Charles Hudson said he would like to construct the deck to add steps for access to the Shoreland and allow for extra storage.
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.
Jason Snyder said that the ordinance allows for pedestrian access to the Shoreline and also ingress/egress access to the dwelling.
J. Fulcher moved and J. Beyer seconded the motion to DENY the Petition for Grant of Variance due to the following: There are no physical limitations on the property. This request cannot meet any of the required setbacks. The applicant has other options available to them. With the following conditions:
The applicant is allowed to have 4’ X 6’ stoops at both entrances for safe access. The applicant is allowed to have a walkway down to the lake that doesn’t exceed 3 ½’ X 20’ as indicated on the site plan as presented to the Board. The impervious surface MUST be offset by removal of existing impervious surface to meet the applicable standards. The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to construction of the walkway. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and L. Mares —yes, unanimous vote to DENY the Variance request. J. Beyer moved and J. Fulcher seconded the motion to close the hearing at 10:44 a.m. The motion was carried.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
June 27, 2013
The fourth public hearing was called to order at 10:45 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Kristina M. & John W. Bonnell: Located in Sec. 34, Town of Farmington, lying along Grandview Road, Fire Number E1454, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the addition to a dwelling with less than the required water setback in a PD (Planned Residential Development) District on approximately .25 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer 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.
Attorney Steve Shambeau was sworn in to testify. Mr. Shambeau said that he is the representative for Kristina M. and John W. Bonnell. Mr. Shambeau presented two options for an addition to the dwelling to allow for a bathroom expansion for ADA (American Disability Act) accommodations.
Attorney Jeff Siewert, Corporation Counsel explained the ADA (American Disability Act), reasonable accommodations.
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.
Kay Ellis was sworn in to testify. Mrs. Ellis said she is opposed to the application because the property is not the applicant’s primary residence and the request does not meet the Variance criteria.
Attorney Steve Shambeau came back for rebuttal. Mr. Shambeau explained the Variance request and options.
Jason Snyder suggested that if the Variance is granted, that mitigation be required.
J. Beyer moved and L. Mares seconded the motion to GRANT the Petition for Grant of Variance due to the following: The lot is a very small nonconforming parcel and couldn’t meet the required water setback. This request will not affect any of the neighbors’ view and it is not making the property any more nonconforming. The applicant is just filling in a corner on the back side of the dwelling.
This building is open to the public as a tourist rooming house and it wouldn’t be able to accommodate individuals with disabilities. With the following conditions: MUST be according to the “Option 1” site plan with the 5’5” X 7’8” addition being on the road side of the dwelling as presented to the Board. The addition MUST meet all the requirements of the State Uniform Dwelling Code, as well as the ADA (American Disability Act) requirements. The applicant MUST complete the approved and recorded plan for two (2) points of mitigation as stated in Sec. 8.32(4) of the Waupaca County Shoreland Zoning Ordinance consisting of revegetation between the structure and the shoreline with a recommendation for a rain garden installation. The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office prior to the construction of the addition to the dwelling. The applicant MUST obtain a Building Permit from the local Building Inspector. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and L. Mares —yes, unanimous vote to GRANT the Variance request. J. Beyer moved and J. Fulcher seconded the motion to close the hearing at 11:30 a.m. The motion was carried.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
June 27, 2013
REVIEW:
The Board reviewed the Grant of Variance (V-011-11) for Barbara A. Heidemann, located in Sec. 36, Town of Fremont and found it to be in compliance.
The Board reviewed the Grant of Variance (V-002-11) for Samuel F. Jr. & Elisabeth Thompson, located in Sec. 11, Town of Mukwa and it was suggested to keep the Planning & Zoning office informed regarding the legal issues.
J. Fulcher moved and L. Mares seconded the motion to adjourn the meeting at 12:35 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