WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –December 5, 2013
ON-SITE INSPECTIONS: The Board made on-site inspections starting at 8:15 a.m. on the Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel property, Town of Union and the
Natalie P. O’Donnell property, Town of Farmington.
Chm. Loughrin called the meeting to order at 10:03 a.m. Roll call was taken with the following members present: J. Loughrin, R. Hoffmann, J. Fulcher, J. Beyer and P. Craig, all present.
P. Craig moved and J. Beyer seconded the motion to approve the agenda as presented. The motion was carried.
P. Craig moved and J. Beyer seconded the motion to approve the minutes from the October 31, 2013 meeting. The motion was carried.
PUBLIC HEARING:
The first public hearing was called to order at 10:04 a.m. by Chm. Loughrin to hear the Petition for Grant of Variance for Natalie P. O’Donnell: Located on part of Lot 19 of the Miniwasica Park Plat of Sec. 33, Town of Farmington, lying along Round Lake Drive, Fire Number E1149, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the reconstruction of an existing retaining wall within the required Shoreland structural 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.
Natalie O’Donnell was sworn in to testify. Ms. O’Donnell said that the existing retaining wall has been in existence since the 1900’s and has deteriorated due to erosion and ice shoves.
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.
Brian Haase was sworn in to testify. Mr. Hasse said he is the Waupaca County Land & Water Conservationist. Mr. Hasse gave a report and recommendation for the stabilization of the shoreland bank.
One (1) letter was submitted from the Waupaca County Land & Water Conservation Department with recommendations.
Jeff Henneman, Land Use/Code Enforcement Specialist gave a staff report of the Variance Permit application request regarding the reconstruction of an existing retaining wall and how it relates to the Shoreland Zoning Ordinance.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – December 5, 2013
Natalie O’Donnell came back for rebuttal. Ms. O’Donnell said that the existing retaining wall was reconstructed and slanted as recommended by the Planning & Zoning Office and she was not aware that she needed a permit.
P. Craig moved and Chm. Loughrin seconded the motion to DENY the Petition for Grant of Variance due to the following: This is a typical 100 foot lot on a lake located in a cove. The property owner failed to obtain the proper permits in order to construct the retaining wall; and we need to keep the integrity of the Shoreland Zoning Ordinance. The Waupaca County Land & Water Conservation Department presented the applicant with a plan which would help to properly stabilize the bank through Best Management Practices. The Waupaca County Land & Water Conservation Department determined the bank erosion to be mild. With the following conditions: The existing retaining wall MUST be removed from the property by September 1, 2014. The property owner SHALL work with the Waupaca County Land & Water Conservation Department to establish a plan to properly stabilize the shoreland bank. The property owner MUST obtain a Shoreland Permit from the Waupaca County Planning & Zoning Office for the shoreland stabilization. Roll call vote was taken: J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —no and P. Craig —yes, four to one vote to DENY the Variance request. P. Craig moved and J. Beyer seconded the motion to adjourn the meeting at 11:05 a.m. The motion was carried. P. Craig moved and J. Beyer seconded the motion to amend the motion for adjournment and to close the public hearing at 11:07 a.m. The motion was carried.
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Ryan Brown, Planning and Zoning Director, discussed the record that is being prepared for the Appeal to the Board of Adjustment for the Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel Conditional Use Permit on property located in Sec. 13, Town of Union for a Non-Metallic Mineral Extraction in an AE (Agriculture Enterprise) District on approximately 160 acres. There was a general discussion concerning the progress to date on the record and the estimated completion time.
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P. Craig moved and J. Beyer seconded the motion to adjourn the meeting at 11:28 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