WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –September 19, 2013
ON-SITE INSPECTION: The Board made an on-site inspection starting at 8:30 a.m. on the Ryan D. Olson property, Town of Iola.
Chm. Loughrin called the meeting to order at 9:46 a.m. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, P. Craig and D. Johnson, all present.
P. Craig moved and J. Fulcher seconded the motion to approve the agenda as presented. The motion was carried.
P. Craig moved and R. Hoffmann seconded the motion to approve the minutes from the August 8, 2013 meeting. The motion was carried.
Public Comment: There was none.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:48 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Richard L. & Dawn Christenson: Located in part of the SW ¼ of the NW ¼ and also being part of the NW ¼ of the SW ¼ of Sec. 29, Town of Scandinavia, lying along County Highway V, Fire Number E526, Waupaca County, Wisconsin; for a continuation of 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, P. Craig and D. Johnson, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Deb Giuffre read an e-mail from Gary Marx, Chairman from the Town of Scandinavia approving the Variance request and also provided a copy of the Certified Survey Map for Trinrud Road.
Dawn Christenson was sworn in to testify. Mrs. Christenson said the Town of Scandinavia verified the road right of way by a Certified Survey Map for Trinrud Road. Mrs. Christenson said that they are requesting to repair and extend the existing garage.
Jeff Henneman, Land Use/Code Enforcement Specialist explained the variance request for the non-conforming existing garage.
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.
P. Craig moved and D. Johnson seconded the motion to GRANT the Petition for Grant of Variance due to the following: This was an unplatted/unrecorded road originally and no one was certain whether it was a 3 rod or 4 rod road until it was surveyed. The Town held a public hearing to alter Trinrud Road to a 3 rod road and the Town Board voted unanimously to approve the alteration. This is located on a
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – September 19, 2013
dead end road. The original garage was constructed prior to Comprehensive Zoning going into effect so it is an existing nonconforming structure. With the following conditions: The construction of the garage shall not be closer than 1.7 feet to the road right-of-way. The garage shall not exceed 24’ X 24’ in size. The applicant MUST obtain a Land Use Permit from the Planning & Zoning Office prior to construction of the garage. The applicant MUST check with the local Building Inspector for the Town of Scandinavia to see if a Building Permit is necessary. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; P. Craig —yes and D. Johnson —yes, unanimous vote to GRANT the Variance request. J. Fulcher moved and R. Hoffmann seconded the motion to close the hearing at 10:12 a.m. The motion was carried.
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The second public hearing was called to order at 10:13 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Ryan D. Olson: Located in part of the NE ¼ of the SW ¼ of Sec. 15, Town of Iola, lying along Olson Road, Fire Number N8681, Waupaca County, Wisconsin; for a Petition for Grant of Variance for an existing garage with less than the required road setback in an AWT (Agriculture and Woodland Transition) District on approximately 3 acres. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, P. Craig and D. Johnson, all present. Deb read the names of persons notified of the hearing. Chm. Loughrin declared the hearing legal and gave the general procedure.
Ryan Olson was sworn in to testify. Mr. Olson said that he is selling the property and the existing garage is non compliant with the required road setback, which requires a variance.
Jean Gliniecki, Zoning Administrator explained the issuance of the Land Use Permit by the Town of Iola.
Chm. Loughrin called three times for any testimony in favor of the application.
Larry Thoe was sworn in to testify. Mr. Thoe said he is the Chairman for the Town of Iola and the Town of Iola issued the Land Use Permit for the garage to be built at that location.
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 the staff report and explained the Land Use Permit issued by the Town of Iola did not indicate the 47 foot setback as being from the centerline or the edge of road right of way.
J. Fulcher moved and R. Hoffmann seconded the motion to GRANT the Petition for Grant of Variance due to the following: According to the site plan on the original Land Use Permit that was issued by the township, both the existing electric pole and drainfield for the sanitary system are located in an area on the property that prevented the garage from being built to meet the required road setback. Where the
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – September 19, 2013
existing garage is located on the property does not create a safety issue to get out onto the road. The property owner at the time that the garage was built was given a Land Use Permit from the township to construct the garage in the current location. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; P. Craig —yes and D. Johnson —yes, unanimous vote to GRANT the Variance request. D. Johnson moved and P. Craig seconded the motion to close the hearing at 10:33 a.m. The motion was carried.
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P. Craig moved and D. Johnson seconded the motion to adjourn the meeting at 10:47 a.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