WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –AUGUST 8, 2013
ON-SITE INSPECTIONS: The Board made on-site inspections starting at 8:00 a.m. on the Lonnie Held property, Town of Lind and the Proko Family LTD Partnership property, Town of Dayton.
Chm. Loughrin called the meeting to order at 9:19 a.m. Roll call was taken with the following: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer and P. Craig, all present.
Chm. Loughrin said a Motion for Injunction and order of the Court was filed this morning to stop and postpone the review of the Grant of Variance for Samuel F. Jr. & Elisabeth Thompson property.
P. Craig moved and J. Beyer seconded the motion to approve the amended agenda to postpone the Samuel F. Jr. & Elisabeth Thompson review. The motion was carried.
J. Beyer moved and R. Hoffmann seconded the motion to approve the minutes from the June 27, 2013 meeting. The motion was carried.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:26 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Lonnie Held: Located in Sec. 18, Town of Lind, lying along Birch Lane, Fire Number E2510, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a dwelling exceeding the allowable dwelling units and 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, J. Beyer and P. Craig, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Reverend Robert Bohn was sworn in to testify. Mr. Bohn said that the proposed purchase of the property is contingent on the Variance request, and that he would like to tear down and replace the current dwelling in the same footprint.
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.
Art Richardson was sworn in to testify. Mr. Richardson said that he is the Chairman for the Town of Lind Comprehensive Planning Commission and that they are opposed to the Variance request. Mr. Richardson said that the Planning Commission would like to see the Spencer Lake Bible Camp be brought into compliance.
Colleen McCoy was sworn in to testify. Ms. McCoy said that she is the Clerk for the Town of Lind
and that the Town of Lind is opposed to the Variance request.
Deb read two (2) letters in favor of the application, one (1) from Reverend Larry Liebe, District Superintendent, Wisconsin/Northern Michigan Network of the Assemblies of God and one (1) from Robert Pawlak, Chairman, Lease Property Management Committee, Spencer Lake Bible camp.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
August 8, 2013
Reverend Robert Bohn came back for rebuttal. Mr. Bohn said the current dwellings have been in existence for many years and are leased properties.
Jeff Henneman, Land Use/Code Enforcement Specialist, gave a staff report of the Variance Permit application request.
J. Fulcher moved and P. Craig seconded the motion to DENY the Petition for Grant of Variance due to the following: The lot is able to accommodate a dwelling on it and meet the required setbacks, but currently there are multiple dwellings on the parcel and by adding more it would become even more nonconforming. This property is currently zoned RR (Rural Residential) and does not meet the required density standards. Unnecessary hardship is not present. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and P. Craig —yes, unanimous vote to deny the Variance request. J. Beyer moved and P. Craig seconded the motion to close the hearing at 10:33 a.m. The motion was carried.
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The second public hearing was called to order at 10:34 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Proko Family LTD Partnership: Located on Lot #2 of Perch Point Plat in Sec. 4, Town of Dayton, lying along Snug Harbor Lane, Fire Number E1117, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the reconstruction of a retaining wall with less than the required water setback in an SR-20 (Sewered Residential Single-Family) District. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer and P. Craig, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Mark Rolfs, Attorney John Thiel and John Proko were sworn in to testify.
Mark Rolfs said that he is the proposed contractor and that he would like to remove the existing railroad ties and replace with fieldstone for better erosion control.
Attorney John Thiel said that the Variance request is to replace the current retaining wall to control erosion due to the steep incline.
John Proko said the current railroad ties were placed many years ago and are now in disrepair.
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.
Jeff Henneman, Land Use/Code Enforcement Specialist, gave a staff report of the Variance Permit application request.
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WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –
August 8, 2013
J. Fulcher moved and P. Craig seconded the motion to GRANT the Petition for Grant of Variance due to the following: The creosote railroad ties are rotten and need to be replaced. Due to a very steep slope on
the property, it limits what the property owner is able to do on the property. By removing the creosote railroad ties, this may prevent the contamination of the water. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and P. Craig —yes, unanimous vote to grant the Variance request. J. Beyer moved and R. Hoffmann seconded the motion to close the hearing at 10:59 a.m. The motion was carried.
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Ryan Brown, Planning & Zoning Director discussed a Board of Adjustment Administrative Appeals Process training workshop to be scheduled September 30, 2013.
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P. Craig moved and J. Beyer seconded the motion to adjourn the meeting at 12:05 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