WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING
MINUTES –JUNE 12, 2014
ON-SITE INSPECTIONS: The Board made on-site inspections starting at 8:00 a.m. on the Russell L. Schuelke property, Town of Union; Kathryn A. Austin property, Town of Farmington; Archie & Margaret Overby property, Town of Dayton and the David Schroeder property, Town of Lind.
Vice Chm. Craig called the meeting to order at 9:47 a.m. Roll call was taken with the following: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present.
D. Johnson moved and J. Fulcher seconded the motion to approve the agenda as presented. The motion was carried.
J. Fulcher moved and J. Beyer seconded the motion to approve the minutes from the May 1, 2014 meeting. The motion was carried.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:50 a.m. by Vice Chm. Craig to hear the Petition for Grant of Variance for Russell L. Schuelke: Located in part of the NE ¼ of the NE ¼ of Sec. 34, Town of Union, lying along Highway 22, Fire Number E6455, Waupaca County, Wisconsin; for an after the fact Petition for Grant of Variance for the construction of a garage with less than the required side yard setback in an RR (Rural Residential) District on approximately .69 acres. Roll call was taken with the following: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present. Deb read the names of persons notified of the hearing. Vice Chm. Craig declared the hearing legal and gave the general procedure.
Cliff Schuelke was sworn in to testify. Mr. Schuelke said he is representing Russell Schuelke and that Mr. Schuelke rebuilt the garage in the existing footprint and did not know that he needed a permit.
Vice Chm. Craig called three times for any further testimony in favor of the application. There was none.
Vice Chm. Craig called three times for any testimony in opposition to the application. There was none.
Jason Snyder, Deputy Zoning Administrator, gave a staff report of the Variance Permit application request regarding the construction of the garage and how it relates to the Zoning Ordinance.
J. Beyer moved and D. Johnson seconded the motion to GRANT the Petition for Grant of Variance due to the following: This is the only location to put the garage due to the placement of the well being in close proximity and making it impossible to build elsewhere. Due to the fact that the garage was built in the same footprint as the previous garage. With the following conditions: The applicant MUST obtain a Shoreland Permit from the Planning & Zoning Office. (Due to the structure being built prior to obtaining the necessary permits, the Shoreland Permit fee will be doubled.) The applicant MUST check with the local Building Inspector to see if a Building Permit is necessary. Roll call vote was taken: P. Craig—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and D. Johnson —yes, unanimous vote to GRANT the Variance request. J. Beyer moved and D. Johnson seconded the motion to close the hearing at 10:08 a.m. The motion was carried.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – JUNE 12, 2014
The second public hearing was called to order at 10:09 a.m. by Vice Chm. Craig to hear the Petition for Grant of Variance for Kathryn A. Austin: Located on Lot 108 of Mound Grove Plat in Sec. 35, Town of Farmington, lying along Park Lane Drive, Fire Number N2771, Waupaca County, Wisconsin; for a Petition for Grant of Variance for a structural alteration to a nonconforming structure being less than 35 feet to the ordinary high water mark and with less than the required side yard setback and also for the construction of a garage with less than the required road setback in an SR-20 (Sewered Residential Single-Family) District. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present. Deb read the names of persons notified of the hearing. Vice Chm. Craig declared the hearing legal and gave the general procedure.
The applicant did not appear.
J. Beyer moved and D. Johnson seconded the motion to CONTINUE the Petition for Grant of Variance to after the third public hearing. The motion was carried.
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The third public hearing was called to order at 10:13 a.m. by Vice Chm. Craig to hear the Petition for Grant of Variance for David Schroeder: Located on Lot 13 of the Wisconsin/Northern Michigan Ministries Network and also being in part of the SW ¼ of the SW ¼ of Sec. 18, Town of Lind, lying along Birch Lane, Fire Number E2568, Waupaca County, Wisconsin; for a Petition for Grant of Variance for the construction of a deck (which will be replacing an existing deck/patio) within the required shoreland structural setback in an RR (Rural Residential) District. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present. Deb read the names of persons notified of the hearing. Vice Chm. Craig declared the hearing legal and gave the general procedure.
David Gagnow was sworn in to testify. Mr. Gagnow said he is the representative for Diane Schroeder. Mr. Gagnow said Ms. Schroeder would like to construct a deck which would reduce the footprint and the structural setback.
J. Beyer moved and D. Johnson seconded the motion to enter the presented exhibits into record. The motion was carried.
Vice Chm. Craig called three times for any further testimony in favor of the application. There was none.
Vice Chm. Craig called three times for any 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 regarding the construction of a deck and how it relates to the Shoreland Zoning Ordinance.
J. Fulcher moved and J. Beyer seconded the motion to GRANT the Petition for Grant of Variance due to the following: This is a substandard size lot. The applicant is reducing the size of the deck, which will increase the setback from the lake from 47 feet to 52 feet and it will decrease the impervious surface.
This is a very small lot. With the following conditions: The deck will be placed over the top of the existing patio, so the concrete will remain in place. The construction of the deck shall be according to the site plan that was presented to the Board at the public hearing. MUST obtain a Shoreland Waterfront Permit from the Planning & Zoning Office prior to the construction of the deck. MUST obtain a Building
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – JUNE 12, 2014
Permit from the local Building Inspector for the Town of Lind. Roll call vote was taken: P. Craig—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and D. Johnson —yes, unanimous vote to GRANT the Variance request. D. Johnson moved and J. Fulcher seconded the motion to close the hearing at 10:40 a.m. The motion was carried.
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The second continued public hearing was called to order at 10:41 a.m. by Vice Chm. Craig to hear the Petition for Grant of Variance for Kathryn A. Austin: Located on Lot 108 of Mound Grove Plat in Sec. 35, Town of Farmington, lying along Park Lane Drive, Fire Number N2771, Waupaca County, Wisconsin; for a Petition for Grant of Variance for a structural alteration to a nonconforming structure being less than 35 feet to the ordinary high water mark and with less than the required side yard setback and also for the construction of a garage with less than the required road setback in an SR-20 (Sewered Residential Single-Family) District.
Kathryn Austin was sworn in to testify. Ms. Austin said she would like to alter and repair the foundation within the same footprint for structural safety. Ms Austin said she would also like to construct a garage.
Vice Chm. Craig called three times for any further testimony in favor of the application.
Dale Trinrud was sworn in to testify. Mr. Trinrud said he is the Chairman for the Town of Farmington and the Town of Farmington is in favor of the application.
Vice Chm. Craig called three times for any testimony in opposition to the application. There was none.
Jason Snyder, Deputy Zoning Administrator, gave a staff report of the Variance Permit application request regarding the construction of the foundation and garage and how it relates to the Shoreland Zoning Ordinance.
D. Johnson moved and J. Fulcher seconded the motion to GRANT the Petition for Grant of Variance due to the following: Due to the lot being so small and the well location on the lot. The frost wall is going to be in the same location as the existing structure. The applicant will be removing a nonconforming accessory structure and part of the concrete to meet impervious surface standards. The proposed single car garage will meet side yard setbacks and the Township stated that this structure would not impede snow removal. The frost walls are necessary to stabilize the building and a garage would not fit within the required setbacks. With the following conditions: The applicant MUST complete the approved and recorded plan for three (3) points of mitigation as stated in Sec. 8.34(3) and the mitigation requirements must be completed by the expiration date of the Shoreland Waterfront Permit. The 3 points shall be as follows: 1) The first 25 feet of shoreland be planted to native vegetation. 2) The side yards be planted to native vegetation. 3) Install a rain garden that catches run off from both buildings on the property. The impervious surface shall be kept to less than 30% of the lot. MUST obtain a Shoreland Waterfront Permit from the Planning & Zoning Office prior to any construction. MUST obtain a Building Permit from the local Building Inspector for the Town of Farmington. Roll call vote was taken: P. Craig—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes and D. Johnson —yes, unanimous vote to grant the Variance request. R. Hoffmann moved and J. Beyer seconded the motion to close the hearing at 10:57. The motion was carried.
10:58 a.m.
~ The Committee took a break ~
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – JUNE 12, 2014
The fourth public hearing was called to order at 11:09 a.m. by Vice Chm. Craig to hear the Petition for Grant of Variance for Archie & Margaret Overby: Located on Lot 20 of Pine Point Plat in Sec. 3, Town of Dayton, lying along East Miner Drive, Fire Number N2495, Waupaca County, Wisconsin; for an after the fact Petition for Grant of Variance to allow two (2) dwelling units on one parcel and which will not meet the required minimum shoreline frontage for the additional dwelling unit in an SR-20 (Sewered Residential Single-Family) District. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present. Deb read the names of persons notified of the hearing. Vice Chm. Craig declared the hearing legal and gave the general procedure.
Attorney Tom Maroney was sworn in to testify. Mr. Maroney said that he is the representative for Archie and Margaret Overby. Mr. Maroney gave a history of the property and the existing structures.
Richard Thoe was sworn in to testify. Mr. Thoe said that he had owned the property in 2001 for nine years and was unaware of the kitchen restrictions from a previous variance. Mr. Thoe said the facility was inspected by the Waupaca County Sanitarian and that there were two dwellings with three (3) rental units.
Sylvia Thoe was sworn in to testify. Mrs. Thoe said she was also unaware of the kitchen restrictions from a previous variance.
J. Beyer moved and D. Johnson seconded the motion to enter the presented exhibits into record. The motion was carried.
Robert Underberg was sworn in to testify. Mr. Underberg said he is the Building Inspector for the Town of Dayton and Farmington. Mr. Underberg said he recommends removing the restrictions for the kitchen facilities and approving the Variance.
Benjamin Lyons was sworn in to testify. Mr. Lyons said he is a realtor and manages the Overby property and Chain O’ Lakes properties that have multiple units with kitchen facilities.
Archie Overby was sworn in to testify. Mr. Overby said when he purchased the existing property a few years ago he was unaware of the kitchen facility restrictions. Mr. Overby said he complied with the kitchen facility restrictions and removed the stove. Mr. Overby is requesting that the kitchen facilities be allowed.
Vice Chm. Craig called three times for any further testimony in favor of the application. There was none.
Vice Chm. Craig called three times for any testimony in opposition to the application. There was none.
Jeff Henneman, Land Use/Code Enforcement Specialist, gave a staff report of the after the fact Variance Permit application request regarding the existing dwelling units and how it relates to the Shoreland Zoning Ordinance.
12:12 p.m.
~ The Committee took a break ~
The Board of Adjustment listened to the tape recordings for the 1984 and 1987 public hearing for the Petition for Grant of Variance for Gary Geiger and James Mauel to determine the Board of Adjustment’s decision regarding kitchen facilities.
WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES – JUNE 12, 2014
Attorney Tom Maroney came back for rebuttal. Mr. Maroney said he is requesting to eliminate the kitchen restrictions. Mr. Maroney said the previous Variance decision regarding the kitchen facilities was two (2) owners prior to the Overbys and that they had no notice of the violation.
P. Craig moved to DENY the Petition for Grant of Variance. The motion failed due to the lack of a second.
J. Fulcher moved and R. Hoffmann seconded the motion to GRANT the Petition for Grant of Variance due to the following: The hardship is due to physical limitations of the property rather than the circumstances of the applicant because in 1984 the Board of Adjustment granted a Variance on this property for a lake cottage and placed a restriction of “No kitchen facilities” and a restriction that the property could not be split, creating conflict with today’s language in the ordinance which prohibits two (2) dwellings on a single property of less than 20,000 square feet in a single family sewered residential. The variance will not harm the public interest because it’s a vacation rental which is common practice in the Chain O’Lakes areas. Unnecessary hardship is placed on the present owners since the original variance was not made known to the previous two owners. With the following conditions: A Deed Restriction that the lot shall never be split and shall remain as one parcel MUST be recorded in the Register of Deeds Office. Roll call vote was taken: P. Craig—no; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —no and D. Johnson —yes, three (3) to two (2) vote to grant the Variance request. J. Beyer moved and D. Johnson seconded the motion to close the hearing at 2:09 p.m. The motion was carried.
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J. Fulcher moved and P. Craig seconded the motion to adjourn the meeting at 2:28 p.m. The motion was carried. The Board adjourned.
Respectfully submitted,
Jack Fulcher, Secretary
Waupaca County Board of Adjustment
JF:Deb Giuffre
cc: County Clerk