Meeting: Board of Adjustment Meeting

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Event transcript
	Meeting of the Dallas County Board of Adjustment is hereby call to order.	00:00:09
	We have roll call Mark Osmer here.	00:00:13
	John Shane here.	00:00:15
	Russell Katky.	00:00:17
	Rodney Adjustment.	00:00:18
	Myself here, Larry Bishop is excused.	00:00:20
	First alternate and Brad Ku Falls is here.	00:00:24
	Here. Sorry about that.	00:00:27
	Any non county committee board members here?	00:00:30
	A quorum is present.	00:00:40
	And staff confirmed compliance with the Open Meeting Law and public hearing notice requirements.	00:00:42
	I confirm compliance with the open meeting in in the those requirements.	00:00:47
	Any changes to the agenda?	00:00:54
	No changes to the agenda.	00:00:55
	Review the minutes of the.	00:00:58
	January 9th meeting.	00:01:00
	Also move to approve.	00:01:06
	I will second.	00:01:07
	Any discussion?	00:01:08
	Hearing none all in favor say aye.	00:01:10
	Aye, opposed.	00:01:13
	Minutes are approved.	00:01:15
	Would staff please read the hearing procedures for tonight's?	00:01:18
	Hearing into the record.	00:01:21
	We're meeting today to hear the requests for modifications to the Dodge County Land Use Code. We have a series of three public	00:01:24
	hearings tonight.	00:01:28
	And the procedure for these hearings will be as follows.	00:01:33
	Chairman of the Board of Adjustment will read the public hearing notice, after which staff.	00:01:36
	Member from the.	00:01:41
	Dodge County Land Resources and Parks Department will read a report that has been prepared by the county staff.	00:01:42
	Regarding requests before the board following the.	00:01:48
	Staff reported the appellant or and or their agent will be asked to come before the board.	00:01:51
	The appellant will be asked to state their name for the record.	00:01:56
	And they may.	00:01:59
	Present their case to the board or.	00:02:01
	To add any additional information to the record, those in attendance wishing to speak in favor of opposite.	00:02:04
	Or opposition can.	00:02:10
	Come before the board and speak.	00:02:11
	And if you wish to speak, you will be.	00:02:14
	Asked to step up to the microphone, which is in located in the center of the room.	00:02:16
	And state your name.	00:02:20
	And address for the record and state your position regarding.	00:02:24
	The request before the board.	00:02:28
	Please address your comments and questions to the Board and not to the appellant.	00:02:30
	You only allowed to speak once, so please be prepared to present all of your concerns and questions.	00:02:34
	To the board when you speak.	00:02:40
	After those in attendance have spoken.	00:02:42
	Written correspondence that has been.	00:02:44
	Received by the board.	00:02:46
	Or which has been collected by the board.	00:02:48
	During the on site visits will be.	00:02:51
	Read into the record, the board will have an opportunity to.	00:02:53
	Ask the pellet any questions.	00:02:57
	Following the board.	00:02:59
	Board's Questions. The appellant will be allowed to give a final statement for the record.	00:03:02
	After receiving all the testimony, the board will then deliberate and will make a decision.	00:03:07
	To grant, grant in part or deny the variance request.	00:03:12
	And if approved, they may place conditions on the approval.	00:03:16
	If they feel necessary to address or mitigate any potential adverse.	00:03:20
	Impacts the proposal may have on adjacent properties or the Community.	00:03:24
	If the variance is approved, the staff will be directed to issue.	00:03:30
	A land use permit incorporating those conditions approved by the board.	00:03:33
	Any.	00:03:38
	Or persons agreed by any decision of.	00:03:39
	The Board of Adjustment may present.	00:03:42
	To a court of record if petition duly verifying.	00:03:44
	Setting forth.	00:03:48
	That such decision is illegal.	00:03:49
	And spectifying.	00:03:51
	The grounds.	00:03:54
	Specifying the grounds of the illegality.	00:03:55
	Such petitions shall be presented to the Circuit Court.	00:03:59
	In this county within 30 days after the filing of the decision.	00:04:03
	In the presence of the office of the board of adjustment, the county assumes no liability for any.	00:04:07
	And makes no.	00:04:14
	Warranty as to the reliance on any decision if the construction.	00:04:15
	Is commenced prior to the expiration.	00:04:20
	Date of this 30 day period.	00:04:23
	If during this meeting.	00:04:25
	Procedural questions.	00:04:27
	Or other points of order arise.	00:04:28
	The final decision of this board may be postponed until more information is gathered.	00:04:31
	Considered or properly acted upon.	00:04:36
	Thank you, Andy.	00:04:41
	Otis is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:04:43
	On Thursday, January 16, 2025.	00:04:48
	At 7:00 PM or shortly thereafter.	00:04:51
	First floor of the.	00:04:53
	Dodge County Administration Building, Juno, Wisconsin.	00:04:55
	On the appeal of Garrett and Amy Wescott.	00:04:58
	For a variance to the terms of the set back of the Dodge County land use code.	00:05:01
	To allow an accessory structure to remain.	00:05:06
	Has constructed.	00:05:09
	Constructed.	00:05:11
	The project does not meet the highway set back regulations.	00:05:12
	The site located in part of the northeast corner of the northeast.	00:05:15
	Quarter Section 22.	00:05:20
	Town of Asher Pun.	00:05:22
	Site address being in 1259 County Highway P.	00:05:24
	A copy of the proposed petition is available for review and.	00:05:28
	County land resource and parks.	00:05:32
	Department between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:05:34
	Whole person is interested, are invited to attend and be heard.	00:05:39
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:42
	At 127 E Oak St. Juneau, WI or by e-mail.	00:05:47
	No later than January 15, 2025.	00:05:51
	Dated December 2nd, 2024.	00:05:54
	County Board of Adjustment by William Nash, chairman.	00:05:57
	The staff Please read the staff report now.	00:06:03
	Certainly.	00:06:06
	County has jurisdiction over this site as a Town of Asherman has adopted the County's Land use code.	00:06:07
	Review criteria subsections 2.3 point 12 point A through.	00:06:13
	2.3 point 12 point G of the Dodge County land use code details.	00:06:17
	The procedural matters.	00:06:22
	The approval criteria for this process. The board shall hold a public hearing.	00:06:24
	On each variance application and.	00:06:28
	The following Public Hearing act to approve the conditions.	00:06:31
	Or deny the variance based upon the approval.	00:06:35
	Criteria in 2.3 point 12 point E.	00:06:37
	A balance request.	00:06:41
	An application for a variance request was submitted by the appellant.	00:06:43
	With the request for a variance to the terms of the highway set back provisions of the Dodge County Land Use Code.	00:06:46
	To allow an accessory structure to remain that does not comply with the issued land use permit.	00:06:52
	Were said accessory structure is located 60 feet from the right of way.	00:06:58
	Of county highway P or 7 feet within the required set back and thus prohibited by the code.	00:07:02
	Features the county has.	00:07:08
	Jurisdiction over the site as the Town of Asherman has adopted the county's land use code.	00:07:11
	The property is located within the both A1.	00:07:16
	Prime agricultural and a two general agricultural zoning districts.	00:07:19
	The structure in question is lies in the A2 general agricultural district.	00:07:24
	The property is presently being used for residential and open space uses.	00:07:29
	The physical features of this 8.66 acre lot includes.	00:07:35
	Moderately sloping topography with slopes ranging from 2 to 4%.	00:07:39
	The parcel contains a residence and associated accessory structures.	00:07:44
	The parcel contains 4.8 acres.	00:07:48
	Approximately 4.8 acres of mapped wetlands.	00:07:51
	The general character of the surrounding land.	00:07:55
	Consists of residences and agriculture.	00:07:58
	A permit for a shed was issued on.	00:08:01
	January 15th, 2020. Revision to the permit.	00:08:03
	Was submitted and approved by department staff on April 13th, 2020.	00:08:07
	A final inspection was done on July 14th of 2020.	00:08:13
	That inspection stated that the.	00:08:17
	The shed was built per the revised plans.	00:08:22
	In the fall of 2024, staff received.	00:08:25
	A call from a prospective buyer of the property.	00:08:29
	Prospective buyer.	00:08:32
	Was asking about making additions and alterations to the shed built in 2020.	00:08:33
	With In the process of investigating the caller's request, it was discovered that the.	00:08:38
	Shed indeed did not meet the required set back to the right of way of County Highway P.	00:08:44
	And land use code violation letter was sent to the owners on November 8th.	00:08:49
	Of 2024.	00:08:54
	The shed is located approximately 350 feet South of the intersection of County Highway P and Washington Rd.	00:08:57
	The shed is approximately 155 feet from the center line.	00:09:04
	Of County Highway.	00:09:07
	The right of way of county highway P does.	00:09:09
	Get increasingly wider as it goes N at this location.	00:09:12
	Presumably because of the intersection and the.	00:09:16
	Curve at County Highway P.	00:09:20
	Shed sits farther back.	00:09:23
	From County High BP than the existing natural vegetation.	00:09:26
	The shed is approximately 115 feet.	00:09:30
	From the Matt wetlands to its West.	00:09:33
	County Land Use Administrator issued the violation letter for the following reasons.	00:09:36
	Subsection 5 point 2.3 and table 5.1 dash one of the land use code. Refer to the.	00:09:40
	Required setbacks from public roads, streets and highways under the Dodge County Land Use Code.	00:09:46
	The required set back is 100 feet from the centerline or.	00:09:52
	67 feet from the right of way, whichever.	00:09:55
	Distance.	00:09:58
	Has built. The garage is located 159 feet from the center line of the.	00:09:59
	County Highway P which meets the required set back.	00:10:04
	And 60 feet from the right of way.	00:10:07
	Of Carney Highway P or 7 feet within the required set back.	00:10:10
	Which is not in compliance with the code.	00:10:14
	Provisions and therefore prohibited by the Code.	00:10:17
	The appellant is.	00:10:21
	Requesting an area variance to sections.	00:10:22
	Section 5.2 Point 3IN table 5.1 dash one of the code.	00:10:25
	I did receive a.	00:10:30
	A late.	00:10:32
	Response from the town of Ashland.	00:10:35
	From the clerk Treasurer.	00:10:38
	The Town of Asherman gives a unanimous favorable recommendation for the variance.	00:10:40
	2024-0928 Garrett, Amy and Amy Wescott.	00:10:45
	Please let me know if you have any questions.	00:10:51
	The purpose statement.	00:10:55
	The highway set back provisions of the county land use code promote a variety of public.	00:10:58
	Purposes.	00:11:02
	Such as providing for light air.	00:11:03
	Fire protections. Traffic Safety.	00:11:05
	Prevention overcrowding. Solving drainage problems.	00:11:08
	Protecting the appearance and character of the neighborhood.	00:11:11
	And conversing or.	00:11:14
	Conserving property values.	00:11:16
	The highway set back provisions also provide.	00:11:18
	For a uniform set back for all.	00:11:21
	Structures along the road.	00:11:23
	Within the county in order to.	00:11:25
	Provide safe visibility while entering or exiting.	00:11:27
	A site to save the taxpayers of Dodge County.	00:11:30
	From purchasing non conforming structures.	00:11:34
	Located within the highway set back lines that when those structures need to be removed.	00:11:38
	For Hwy. improvement and.	00:11:43
	Relocation projects.	00:11:47
	Staff Advisory.	00:11:49
	Staff believes that the appellant is requesting a area variance to five point 2.3 and Table 5.1.	00:11:51
	Dash one of the code staff points out that the.	00:11:58
	Board does not have summary powers to ignore.	00:12:00
	Ordinance provisions or objectives. The burden also falls on the opponent to convincingly demonstrate.	00:12:03
	To the board that.	00:12:10
	Literal enforcement of the land use code.	00:12:11
	Would result in an unnecessary hardship. That hardship is due to.	00:12:14
	Special conditions unique to the property and if granted, the variance would not be contrary to the public interest.	00:12:18
	The board should determine if the highway set back provisions of the code.	00:12:25
	Or unnecessary burdensome in this case?	00:12:29
	The board should also.	00:12:32
	Considering the cost of the town and the public having to purchase.	00:12:33
	This structure in the future if this structure would need to be removed for Hwy. improvement or relocation projects.	00:12:38
	If the board can make the findings that are necessary in order to grant this variance.	00:12:44
	The staff recommends the following conditions.	00:12:49
	Of approval to in order to save the taxpayers the cost of having to purchase.	00:12:51
	This non conforming structure in the future.	00:12:56
	In the future, this structure needs to be removed for Hwy. improvement or relocation projects.	00:12:59
	A variance agreement shall be recorded.	00:13:04
	With the register of deeds in the amount of the value of the shed prior to the issuance of the variance.	00:13:07
	Will the appellant please come forward?	00:13:17
	Going to the public.	00:13:23
	They consider one on the table. Yeah, yeah, the public can use one of the other.	00:13:27
	They can use one of the other ones.	00:13:32
	Is there any information regarding your request that you would like to add to the?	00:13:41
	Record at this time.	00:13:45
	Hi, my name is Garrett Wescott.	00:13:48
	My name is Amy Wesco.	00:13:50
	In addition to the formal application for your address, please.	00:13:53
	N1259 County Road P as in Paul.	00:13:57
	Rubicon, Wisconsin.	00:14:01
	53078.	00:14:02
	Thank you. Thank you.	00:14:04
	I believe in addition to the formal application.	00:14:06
	We submitted additional documentation of photos from the road.	00:14:09
	Kind of outlining that there's natural vegetation.	00:14:14
	That would be blocking the view of.	00:14:16
	Motorists before the building is even insight.	00:14:18
	Just to kind of explain and show to everybody involved that.	00:14:21
	Natural vegetation and other things block.	00:14:25
	Line of sight for motorists before the building would.	00:14:28
	Just some information there.	00:14:31
	Thank you.	00:14:36
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:14:37
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:14:43
	Before the board.	00:14:48
	Is there anyone in attendance that would like to?	00:14:51
	In favor of the variance request before the board.	00:14:53
	Always have to ask three times just so you.	00:14:57
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:15:00
	Like to speak in opposition to the variance request before the board.	00:15:09
	Is there anyone in attendance that would like to speak in opposition to the variance request?	00:15:12
	Before the board.	00:15:18
	Is there any other written comments?	00:15:22
	Correspondence. There's not.	00:15:23
	Board have any questions of the appellate?	00:15:27
	Would the opponent like to make a final statement for the record?	00:15:38
	As you guys can see through the documentation.	00:15:42
	This is a fully permanent building.	00:15:46
	We went to the highway department and.	00:15:48
	And pulled the appropriate permit for the additional driveway.	00:15:50
	We went through all the steps with the Township.	00:15:53
	As far as the permitting process.	00:15:56
	We feel that due cause was followed all the way up until the placement and the staking of the building.	00:15:58
	Which at point? At which point was the the failure point in building placement?	00:16:04
	From the original permitting application, all the drawings were put in place. Everything was done in due diligence.	00:16:09
	And it just fell short at the actual placement of the building before being built.	00:16:15
	Then I'm prepared to close the hearing.	00:16:27
	Public hearing portion of this.	00:16:29
	Hearing.	00:16:30
	And we'll move to the conclusion of the law.	00:16:32
	Mark is going to.	00:16:37
	Read those he.	00:16:38
	Will not vote. Brad will vote on the.	00:16:40
	All the issues tonight, he'll secretary.	00:16:43
	Based on the facts presented in the application of the public hearing, the Board concludes that.	00:16:46
	The appellant's request to Section 5, point 2.3.	00:16:51
	And table 5.1, dash 1.	00:16:54
	To refer to the set back for public roads.	00:16:56
	Yes, yes.	00:17:00
	Is there a physical limitation as unique to this property prevents the appellant from complying?	00:17:03
	With the highway set back provisions of the code.	00:17:08
	Yes.	00:17:10
	Well, yes, because they had a permit for it.	00:17:13
	Yeah. But it's just, I mean, they, they wanted to place it in the right, You wanted to place it in the right area. It was just	00:17:15
	mistakenly placed.	00:17:19
	7 feet too close I mean.	00:17:22
	You actually could have moved at those seven feet if you.	00:17:25
	There just must have been an error when somebody built it, right? I mean, that's you're not disputing that.	00:17:28
	Yeah, that was where the error had occurred.	00:17:35
	Legally, it could have been.	00:17:38
	It could have been in the right place.	00:17:40
	Least in my opinion.	00:17:43
	They were given O'Hara.	00:17:45
	Given a permit for it so.	00:17:56
	Are the highway set back provisions of the code unnecessarily burdensome in this case?	00:18:01
	Thereby creating a hardship.	00:18:05
	Same reason as the last.	00:18:07
	It's a. It's a very large set back there.	00:18:11
	Does the appellant have other options available to complete this?	00:18:19
	Projects in compliance with the code.	00:18:22
	At this point.	00:18:25
	No, no, since it's already constructed, it would be. You'd have to chop the corner off the shed.	00:18:27
	What hardship exists the variances denied?	00:18:36
	Shed would have to be removed.	00:18:40
	Are the projects harmful in any way to the public's interest?	00:18:53
	Does the board have sufficient information to make a decision on this request? Yes.	00:18:58
	Yes. Does the board believe the appellant's variance request the highway set back provisions of the code meet the criteria?	00:19:02
	That is necessary in order to grant the area variance request.	00:19:09
	Yes.	00:19:13
	If the board can make finding necessary in order to grant the variance request in this case.	00:19:20
	Are any conditions of approval necessary in this case to mitigate any potential adverse impacts?	00:19:25
	The result from this proposed development project.	00:19:30
	I've got the one on here listed as a variance agreement.	00:19:35
	I I don't see any reason to.	00:19:38
	Put that one on this one because they followed through on everything and it just you know, I.	00:19:40
	You know, they follow through on everything. It was just a mistake of seven feet when they built it. I, you know.	00:19:45
	Yes, we could make them do that, but it's not.	00:19:49
	You know, there it's never.	00:19:52
	The road is never going to get wider there than it all, you know.	00:19:54
	That that building is going to cause any problem with road construction or anything.	00:19:57
	So we'll leave that as no for now.	00:20:02
	OK then.	00:20:07
	I would be looking for a motion to either approve or deny the variance request.	00:20:09
	Set back requirements based on the code.	00:20:14
	Motion.	00:20:18
	Motion to approve.	00:20:19
	I will second it.	00:20:22
	Any discussions?	00:20:24
	If not, I will call the roll.	00:20:31
	John yes.	00:20:33
	Russell.	00:20:36
	Rodney yes.	00:20:38
	Brad yes.	00:20:40
	And myself is yes.	00:20:42
	On the basis of the above findings, fact and conclusion of the law.	00:20:46
	Variances approved.	00:20:51
	As as proposed.	00:20:54
	And the land use administrator, is it directed to issue a land use permit incorporating the decision of the board?	00:20:57
	They already have that.	00:21:06
	Thank you. Thank you.	00:21:09
	Have a good evening.	00:21:11
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:21:38
	On Thursday, January 16, 2025.	00:21:43
	At 7:00 PM or shortly thereafter on the first floor of them.	00:21:46
	County administration building, Juno, Wisconsin.	00:21:50
	And the appeal of Shane and Tara Rhodes.	00:21:53
	For a variances.	00:21:56
	In terms of the set by a Dodge County.	00:21:58
	Shoreland ordinance to allow construction.	00:22:00
	Accessory structure.	00:22:03
	As proposed, the project will not meet the ordinances Shoreland set back.	00:22:05
	In addition, the lot noted above does not have. Does not abut on a.	00:22:10
	Public road and structures are not allowed to be built on such lots.	00:22:14
	The site located in the park.	00:22:18
	Of the southeast quarter. Of the southeast quarter.	00:22:21
	Section 23. Toner Fox.	00:22:23
	Site address being W 10206.	00:22:26
	Indian Point Rd.	00:22:30
	A copy of the proposed petition is available for review in the Dodge Cut.	00:22:32
	The county Land Resources and Parks Department.	00:22:36
	20 hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:22:39
	All person interested in.	00:22:43
	Invited to attend and be heard.	00:22:44
	Written comments may be submitted to the Dodge County Land Resources Parks Department.	00:22:46
	127 E Oak St. Juneau, WI.	00:22:51
	Or by e-mail no later than January 15th, 2025.	00:22:55
	Dated December 5th, 2024.	00:22:59
	Dodge County or Board of Adjustment.	00:23:02
	Please read the report.	00:23:07
	County Jurisdiction County has jurisdiction jurisdiction over this.	00:23:10
	Site is a town of Fox Lake has adopted the county's land use code.	00:23:13
	Review criteria subsections 2.3 point 12.8 through 2.3 point 12 point G.	00:23:17
	Of the Dodge County Land Use Court as well as subsections 14 point.	00:23:23
	Seven parent one.	00:23:26
	Through 14.7.	00:23:28
	14.7 parents seven of the Dodge County shoreland protection ordinance details a procedural matters and the.	00:23:32
	Approval criteria for the variance process.	00:23:39
	The board shall hold a public hearing on each.	00:23:42
	Variance Application and the following Public Hearing Act to approve.	00:23:44
	Approve with conditions or deny the variance based upon the approval criteria.	00:23:49
	Section 2.3, point 12, point east of the Dodge County Land Use code and section.	00:23:55
	14.7 Parents six of the Dodge County Shoreland Protection ordinance.	00:23:59
	Balance request on November 21st.	00:24:05
	2024 An application for.	00:24:08
	A variance request was submitted to by the appellant.	00:24:10
	With a request to construct a patio.	00:24:13
	North of an existing residence. As proposed, the project will be located 48.5 feet from the from the.	00:24:15
	Ordinary high watermark of Fox Lake.	00:24:22
	Or 26.5 feet.	00:24:25
	Within the required set back and thus prohibited by the code.	00:24:27
	In addition, the lot noted above does not abut on a public Rd.	00:24:31
	And constructors are not allowed to be built.	00:24:35
	On such lots, thus prohibited by the code.	00:24:38
	This request is a variance to subsection 6.1 of the Shoreland setbacks.	00:24:41
	And subsection 5.2.	00:24:46
	.1 parent.	00:24:49
	Legal Lots of record of the Shoreland Ordinance and section subsection 10, point 5.3.	00:24:51
	Lots that do not about a public Rd. of the Dodge County land use code.	00:24:59
	Features of the lot.	00:25:04
	The county has jurisdictional on this site.	00:25:06
	The Town of Fox Lake has adopted the county's land use code. The property.	00:25:09
	Is located within the R1 single family residential zoning district.	00:25:13
	The county has Sterling.	00:25:18
	Jurisdiction over this site as.	00:25:19
	As the site is located within 1000 feet of the ordinary high watermark of a navigable Watt.	00:25:24
	Body of water, Fox Lake.	00:25:28
	The property is president presently being used for residential use.	00:25:31
	Physical features of the .3 acre lot include.	00:25:36
	Sloping sloping topography ranging from 2.62 to 2 to 6% with a steeper slope.	00:25:39
	Ranging up to 50% along the shoreline.	00:25:46
	The parcel contains a residence and associated accessory structures.	00:25:49
	The general character of the surrounding land use consists of single family residences.	00:25:53
	The property is located in the Shoreland.	00:25:58
	Zoning district is a bus.	00:26:01
	Fox Lake on the Northside of the property.	00:26:03
	The existing impervious surface.	00:26:05
	Calculation for this.	00:26:07
	Site is 2909.25 square feet.	00:26:09
	Or 22.26%.	00:26:13
	While the proposed.	00:26:16
	Is.	00:26:19
	3400 and.	00:26:20
	81.85 square feet.	00:26:22
	Or 26.64%.	00:26:24
	This parcel is identified as a highly developed shoreline.	00:26:27
	Allowing up to 30% impervious surfaces.	00:26:30
	Without mitigation.	00:26:34
	Pre construction agreement has been obtained by the appellants.	00:26:35
	With the Wisconsin Historical Society.	00:26:39
	As this does it.	00:26:42
	Is designated as an archaeological site.	00:26:43
	On September 23rd.	00:26:46
	2024 an application for accounting land use land use permit was made by the appellant.	00:26:48
	In order they be.	00:26:53
	Allowed to construct the concrete patio on the Northside of the residence and the.	00:26:55
	On this site, the permit was denied by the county land use administrator.	00:27:00
	For the following reasons.	00:27:04
	Subsection 5 Point.	00:27:06
	One parent, two of the Dodge County Shoreland Protection Ordinance states.	00:27:08
	Legal lots of record of par or parcels of land.	00:27:13
	Which not about on a public Rd.	00:27:17
	For a distance of at least 20 feet or that do not meet the requirements of Section 5.6.	00:27:19
	Shall not qualify for a land use permit since this parcel does not abut on a public Rd.	00:27:27
	And it does not abut.	00:27:32
	One of the private roles listed in 5.6.	00:27:35
	Of the ordinance, it does not qualify for a county permit under.	00:27:39
	The shoreline protection ordinance.	00:27:43
	For the proposed project.	00:27:45
	And therefore is prohibited by the ordinance subsection.	00:27:47
	10.5 point 3 of the.	00:27:51
	Dodge County land use code states a single family.	00:27:53
	Dwelling and its accessory structures may be constructed on a legal lot or parcel.	00:27:56
	Of record recorded by the county register of deeds office before the effective date or amended date.	00:28:01
	Of this code which?	00:28:08
	Has frontage along a platted private roads.	00:28:09
	Listed in subsection 10.5 point 3 point.	00:28:13
	Subject to the requirements set forth in this subsection sense.	00:28:17
	The parcel does not abut a.	00:28:22
	Public road and does not about one of the private roads listed in subsection.	00:28:24
	10.5 point 3 point D of the ordinance it does not qualify for.	00:28:29
	County land use permit.	00:28:33
	Under the land use code.	00:28:35
	For the proposed project.	00:28:37
	Therefore, is prohibited by the code.	00:28:39
	Subsection 6.1 of the Dodge County Shoreland Ordinance states.	00:28:41
	Unless exempt under 6.1.	00:28:46
	Parent one.	00:28:49
	Under or reduced under 6.2 a set back of 75 feet from the ordinary high watermark.	00:28:50
	Of any navigable waterway waters to the nearest part of the building or structure.	00:28:57
	Shall be required for all buildings and structures as proposed.	00:29:02
	The 30 by 25 accessory structure. Concrete patio.	00:29:07
	Will be located 48.5 feet.	00:29:12
	From the ordinary high watermark.	00:29:14
	Or 26.5 feet.	00:29:17
	Within the required set back.	00:29:19
	Additionally, this is.	00:29:21
	As this is an accessory structure, does not meet the requirements of.	00:29:23
	Subsection 6.2 reduced principal.	00:29:27
	Structure setbacks and therefore is prohibited by the code.	00:29:31
	The appellant is requesting an area variance to subsection 5.2.	00:29:34
	5.1 Parent 2.	00:29:39
	And subsection 6.1 of the Dodge County.	00:29:41
	Swallowing protection ordinance and subsection foot.	00:29:44
	10 point 5.3.	00:29:47
	Of this Dodge County land use code.	00:29:49
	There's no.	00:29:52
	Response from the.	00:29:54
	Purpose statement.	00:29:55
	Subsection 5 Point.	00:29:59
	One parent, two of the strong protection ordinance, and subsection 5.	00:30:01
	They're 10.5 point 3 of the land use code.	00:30:06
	Prevents parcels that do not but about on a public Rd. from being.	00:30:09
	Used for residential or other.	00:30:12
	Purposes as problems generally arise from these type.	00:30:14
	Properties, especially of a fire or emergency vehicle.	00:30:18
	Or other large vehicle type.	00:30:22
	Vehicles need to gain access the purpose of the and the intent of the non conforming.	00:30:25
	Lot and use.	00:30:30
	Provisions of both.	00:30:32
	The shoreline protection ordinance.	00:30:34
	And the land use code is generally to allow use of structures.	00:30:36
	And lots that came into existence legally.	00:30:39
	In conformance with then applicable requirements.	00:30:42
	To continue.	00:30:45
	To exist, to be put on, to be.	00:30:46
	To put.	00:30:49
	To productive use.	00:30:51
	But to bring as many aspects of such situations into compliance with the existing.	00:30:52
	Regulations as reasonably possible.	00:30:57
	The regulations are intended to recognize.	00:31:00
	The interest of the property owners continuing to use their property.	00:31:03
	Promote reuse and rehabilitation of existing buildings and to place reasonable limits on the expansion and.	00:31:09
	Alterations of nonconformities.	00:31:15
	That have.	00:31:18
	The potential to adversely affect.	00:31:18
	Surrounding properties.	00:31:21
	Or the community as a whole.	00:31:22
	The purpose of the water set back provision of the code.	00:31:24
	Are to require a uniform set back distance from the water to preserve.	00:31:28
	The public interest in shorelands and navigable waterways.	00:31:33
	The state and every other property owner.	00:31:36
	That has frontage on a body of water is required to comply with this.	00:31:39
	Uniform water.	00:31:43
	Set back requirement, in this case the proposed accessory structure.	00:31:45
	Concrete patio will be located 48.5 feet from the ordinary high watermark.	00:31:49
	Or 26.5 feet within the required set back, therefore prohibited by the code.	00:31:54
	Staff believes that the appellant is requesting an.	00:32:01
	An area variance to 5.2.	00:32:04
	5.1 point parent to.	00:32:07
	And 6.1.	00:32:09
	Of the shoreland protection ordinance and subsection.	00:32:10
	10.5 point 3 of the land use code.	00:32:13
	Staff points out that the.	00:32:16
	Board does not have summary power to ignore.	00:32:17
	Provisions or objections Objectives. The burden also falls on the appellant to convincingly demonstrate that the board.	00:32:20
	To the board that this that a literal enforcement of both the land use code and the shoreline protection ordinance.	00:32:28
	Regulations would result in an unnecessary hardship that the hardship is due to the special conditions.	00:32:34
	Unique to the property, and if granted, the variance would not be.	00:32:40
	Contrary to the public.	00:32:43
	But the appellant please step forward to the.	00:32:48
	And there are two different.	00:32:59
	3.	00:33:03
	Yep.	00:33:05
	I believe so, yes.	00:33:08
	Please state your name for the record.	00:33:12
	Shane Rhodes.	00:33:16
	And your address.	00:33:18
	Permanent address, 814 Seymour St. in Waupun.	00:33:20
	And this property.	00:33:24
	For one West.	00:33:27
	10206 Indian Point Rd.	00:33:28
	Is there any information regarding your request that you would like to add?	00:33:35
	Record at this time.	00:33:38
	Thank you for hearing our request.	00:33:41
	Previewing the.	00:33:44
	Packet information and then the recent site visit.	00:33:45
	We did have three in favor responses that were submitted.	00:33:48
	Via e-mail to Bryce. So I don't.	00:33:52
	I got him here, thank.	00:33:56
	We considered our lot size.	00:33:59
	Orientation and our.	00:34:01
	Existing structures.	00:34:03
	Of course, we want to enjoy our.	00:34:04
	Scenic and recreational value of our property.	00:34:06
	And a patio would help us enjoy our.	00:34:10
	Property consistent with the other lake homes around us.	00:34:12
	We have some topographical and limited building challenges. We're on the.	00:34:16
	We have a private road on one side and then the sloping.	00:34:22
	Shoreline, on the other.	00:34:25
	We have a lot of existing mature trees that we absolutely want to keep.	00:34:27
	And then the sewer location and the location on the home.	00:34:31
	Placement is requested in the viable.	00:34:37
	Location that.	00:34:40
	Does.	00:34:42
	The patio.	00:34:43
	Includes 2 existing sidewalks.	00:34:45
	Which probably.	00:34:48
	Which would need to be replaced anyway because they are shifting and cracking.	00:34:49
	And the placement also avoids any disruption to our neighbors.	00:34:54
	And we would.	00:35:00
	Certainly plant a native.	00:35:01
	Perimeter to ensure their.	00:35:04
	You noted the impervious.	00:35:11
	Calculation, so I won't.	00:35:13
	Address that and then we did receive approval for a patio of this type already from the state Historical Society.	00:35:15
	Because the.	00:35:23
	The ground going down 12 inches has already been disturbed.	00:35:25
	So they.	00:35:29
	Did a site visit and determined.	00:35:30
	Relative to that requirement.	00:35:33
	That there is no concerns on their end.	00:35:35
	And then they will not be sending a.	00:35:37
	Archaeologists.	00:35:39
	Thank you.	00:35:46
	Thank you.	00:35:47
	Is there anyone?	00:35:48
	In attendance that would like to speak in favor of this variance request.	00:35:49
	Is there anyone in attendance that would like to speak in favor of this request?	00:35:55
	Is there anyone in attendance that would like?	00:36:02
	Speak in favor as request.	00:36:04
	For the board.	00:36:06
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:36:11
	Is there anyone in attendance that would like to speak in a position to this variance request?	00:36:18
	Is there anyone in attendance that would like to speak?	00:36:26
	Opposition to this variance request.	00:36:28
	I have 3 Sir.	00:36:33
	First one being.	00:36:36
	Shane and Tara Rhodes and to it who it may concern, we are in full support.	00:36:38
	Of allowing Shane and Tara Roads to build.	00:36:43
	In the building of their patio area at their lake house on Indian Point Rd.	00:36:46
	Being neighbors with Shane and Tara, we have no.	00:36:52
	Issues.	00:36:54
	With anything they choose to do, we are in favor of them doing.	00:36:55
	What they please with their outdoor living area. Darrell and Shelley we're small lake owners on Indian Point Rd.	00:36:59
	Fox Lake, WI.	00:37:05
	To whom it may concern.	00:37:10
	We, Ryan and Jeanette Peters, are writing.	00:37:11
	To support the changes proposed by Shaving and Tara roads on their Indian point.	00:37:15
	Road property as fellow Indian Point.	00:37:20
	Property owners, we are always excited to see our neighbors looking to improve their properties.	00:37:24
	Being property owners on Indian Point Rd. we understand the challenges owners.	00:37:30
	Need to overcome with the Township and the county to make.	00:37:34
	Property improvements, we hope.	00:37:38
	You will make this.	00:37:40
	We'll take this letter of.	00:37:42
	Support into consideration.	00:37:44
	For your approval of the request, thank you, Ryan and Jeanette Peters, W 10216.	00:37:46
	Indian Point Rd.	00:37:52
	And this one is addressed to.	00:37:57
	To tear herself, I did receive a notice.	00:38:04
	From the company concerning your variance request. Thanks for providing.	00:38:07
	Details concerning the variance. I have no issues with the patio. Your patio plans. Good luck.	00:38:12
	And Happy New Year, Jay, and that is from.	00:38:18
	Sugar.	00:38:23
	That is it.	00:38:40
	No response from the DNR.	00:38:41
	No, no.	00:38:43
	Would you like to make a final statement?	00:38:49
	For the record, before we close the hearing.	00:38:52
	Just a comment.	00:38:55
	Just in the packet, there's a lot of information, so I just wanted to call out on page 24 of your packet. It gives a really good	00:38:57
	bird's eye view.	00:39:00
	And then on.	00:39:05
	In your packet page 28.	00:39:06
	That bottom picture shows the existing sidewalks within.	00:39:08
	Board, have any questions?	00:39:23
	Declare that a hearing.	00:39:33
	Public hearing portion of it.	00:39:34
	Close and we will go to.	00:39:36
	Opinions.	00:39:39
	Conclusions. Conclusions of the law.	00:39:41
	And do we have to take each?	00:39:44
	But there are three different ones. I think we take each one separately.	00:39:52
	You take the.	00:39:58
	Not a budding of public Rd.	00:40:00
	Via the Shoreland ordinance first and then, then.	00:40:03
	Land use code and then the.	00:40:06
	Charlotte set back last.	00:40:08
	The appellant's request to section 5.1 ( 2 regarding lots do not about a public rule within the shoreline ordinance and	00:40:21
	subsection.	00:40:25
	10 point 5.3 regarding lots that do not abut a public rule within the land use code.	00:40:29
	And section 6.1 regarding the set back from ordinary high watermark.	00:40:34
	Of any navigable water areas.	00:40:39
	That a Is that what they're?	00:40:42
	Set the variance.	00:40:44
	And we're only looking at the abutting.	00:40:49
	Is there a physical limitation as uniqueness property prevents the appellant from complying with the sections?	00:40:53
	Regarding not a budding on a public road and a minimum set back.	00:40:58
	Pulmonary white high watermark.	00:41:02
	From navigable waters provision of the code.	00:41:05
	Are the sections regarding not a budding on a public road and the minimum set back?	00:41:10
	Ordinary high watermark from from.	00:41:19
	From navigable waters.	00:41:21
	Provision of the code unnecessarily burdensome in this case, thereby creating hardship.	00:41:24
	There's no other place to go with it.	00:41:33
	Does the appellant have other options available to complete these projects in compliance with the code?	00:41:37
	What hardship exists is the variance is denied.	00:41:45
	They don't get to do it, but I mean.	00:41:54
	They've also got stuff that's falling apart at this point.	00:41:57
	You can't improve their property.	00:42:02
	Sidewalk walking.	00:42:04
	You know, improve the sidewalk. You know the sidewalk will be gone and.	00:42:07
	Are the projects harmful in any way to public's interest?	00:42:23
	Does the board have sufficient information on?	00:42:29
	This request.	00:42:31
	Yes.	00:42:33
	Does the Board believe the appellant variance request for the section regarding not a budding on a public Rd.	00:42:37
	And the minimum set back.	00:42:43
	Ordinary high watermark from navigable water provision of the code.	00:42:44
	Meet the criteria that is necessary in order to grant the area of variance request.	00:42:48
	Yes, yes.	00:42:52
	The Board makes the findings necessary in order to grant the variance request in this case or any conditions.	00:42:57
	Of approval necessary in this case to mitigate any potential adverse impacts that result from this proposed development project.	00:43:02
	The staff doesn't recommend any so.	00:43:12
	OK, then I would be looking for a motion to either approve or deny the variance.	00:43:20
	Sections regarding not a budding public road and minimum set.	00:43:24
	Organized watermark from Navajo.	00:43:29
	You want that as you want that is too 2 separate motions, right?	00:43:33
	I'll make a motion to approve the.	00:43:41
	For not abutting a public Rd.	00:43:48
	Is there a second second?	00:43:52
	Seconded by Russ Any discussion?	00:43:54
	Hearing none.	00:44:02
	I'll call the roll John.	00:44:04
	Yes, Russell.	00:44:06
	Brad yes.	00:44:11
	Myself, yes.	00:44:13
	On the basis of the findings of fact.	00:44:17
	Conclusion of the law. The record in this matter.	00:44:19
	Board granted the area variance or the.	00:44:22
	Road abutting them.	00:44:25
	Property A, but not a budding A.	00:44:27
	Public Rd.	00:44:29
	To be approved as.	00:44:30
	Proposal.	00:44:32
	Basically go through the same thing. I want to read the whole thing.	00:44:45
	OK.	00:44:48
	You don't have to read this all.	00:44:51
	Again, I mean we.	00:44:52
	I think we we covered them in high water. You just do a separate vote. Let's do a separate vote for it. Separate vote.	00:44:53
	Then I would be looking for a motion to.	00:45:01
	Approve or deny A variance request for the.	00:45:04
	Variance for the height.	00:45:08
	Ordinary high water marker.	00:45:10
	Also move.	00:45:15
	Made in 2nd and.	00:45:18
	Any discussion?	00:45:23
	Hearing none, I'll call the John.	00:45:26
	No.	00:45:29
	Russell.	00:45:32
	Yes.	00:45:33
	Rodney.	00:45:36
	Brad yes.	00:45:39
	Myself, I vote yes.	00:45:41
	And a basis above findings of facts and conclusions.	00:45:44
	The area variances.	00:45:47
	Water set back here.	00:45:51
	Variance is requested by.	00:45:52
	4 to 1 vote.	00:45:54
	So it passes.	00:45:56
	I mean another.	00:46:05
	Hearing yeah, but no another.	00:46:08
	What was the third thing?	00:46:10
	Mark no, we did. We did the first two as non abutting together and then and then we did the.	00:46:11
	No.	00:46:20
	Thank you very much.	00:46:25
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:46:58
	On Thursday, January 16, 2025 at 7:00 PM or shortly thereafter on the first floor of the.	00:47:03
	The county administration building, Juneau, WI.	00:47:09
	And the appeal of.	00:47:12
	Brenda Carlton.	00:47:14
	For a variance to the terms of, set back.	00:47:15
	Dodge County land use code.	00:47:19
	To allow the construction of a home.	00:47:21
	Has proposed the project will not meet that ordinance. Highways set back.	00:47:24
	Site located at Lot 1, Arrowhead Beach.	00:47:28
	Being part of the Southeast quarter of the Northeast quarter, Section 31.	00:47:32
	Town of Hubbard.	00:47:38
	Dodge County, the site address being.	00:47:39
	In five 185 Sinnissippi Point Rd.	00:47:42
	A copy of the proposed petition is available for review.	00:47:46
	In the county Land Resources and Parks Department between the hours of 8:00 AM and 4:30 PM.	00:47:50
	Monday through Friday.	00:47:55
	All persons interested invited to attend be heard.	00:47:57
	Written comments may be submitted to the Dodge County Land Resource and Parks Department.	00:48:00
	And 127 E Oak St. Juneau, WI.	00:48:05
	Or by e-mail no later than January 15th, 2025.	00:48:08
	Dated December 10th, 2024.	00:48:12
	Dodge County Board of Adjustment by William, Chairman Chairman.	00:48:15
	To read the staff report please.	00:48:19
	Yes Sir. County jurisdiction County has jurisdiction over This site is a town of Hubbard has adopted the highway set back	00:48:20
	provisions of the county's land use code.	00:48:25
	Dodge County has a jurisdiction.	00:48:29
	Has jurisdiction on this property.	00:48:32
	Through the county shoreland ordinance.	00:48:34
	Subsection.	00:48:37
	2.3 point 12.8 through 2.3 point 12 point G of the Dodge County.	00:48:38
	Land use, code details, Procedural matters.	00:48:44
	And the approval criteria for the variance process. The board shall hold a public hearing.	00:48:48
	On each variance application following the Public Hearing act to approve.	00:48:53
	Approved with conditions or deny the variance based upon the approval criteria.	00:48:58
	Of section 2.3, point 12, point E.	00:49:03
	The appellants request on December 5th.	00:49:07
	Of 2024, an application for a variance request was submitted by the appellant.	00:49:11
	With the request to construct a replacement residence.	00:49:16
	That's proposed the project.	00:49:20
	Will be located 1 feet from the right of way of Mississippi Point Road or 41 feet.	00:49:21
	Within the required setbacks.	00:49:26
	And 37.5 feet from the center line of Si.	00:49:29
	Point road or 37.5 feet within the required set back.	00:49:33
	Thus prohibited by the code.	00:49:37
	The request is a variance to subsection 10 point.	00:49:39
	5.1.	00:49:42
	.1 and table.	00:49:43
	5.1 point.	00:49:45
	One dash one of the Dodge County land use code.	00:49:47
	The features.	00:49:51
	A county has jurisdiction over the site is town of Hubbard has.	00:49:53
	Adopted the highway set back provisions of the county land use code. Dodge County also jurisdiction over the property.	00:49:57
	Through the county shoreland ordinance, the proper.	00:50:03
	Presently being used for residential use.	00:50:06
	The physical features of this .41.	00:50:09
	Acre lot includes sloping topography with slopes.	00:50:12
	Ranging from 22.	00:50:15
	20 to 22%.	00:50:17
	The parcel contains the residents.	00:50:19
	And associated accessory structures. The property lies on the shore of the Lake Sinnissippi.	00:50:21
	The general character of the surrounding.	00:50:27
	Land use consists of residences.	00:50:29
	A permit for a replacement home was.	00:50:33
	Applied for.	00:50:36
	December 5th, 2020.	00:50:38
	For the proposed home meets the ordinary high watermark.	00:50:40
	Set back from lakes in Mississippi, as well as the impervious surface standards.	00:50:44
	Of the county's shoreland protection ordinance.	00:50:48
	The applicant will be required to have him.	00:50:51
	Have mitigation practice designed.	00:50:54
	And installed as a condition of any land use permit that may be issued.	00:50:56
	The permit was denied by the county.	00:51:01
	Land Use Administrator for the following reasons.	00:51:03
	Subsection 5.1 point 1 and 5.1 dash one of the land use code.	00:51:06
	Refer to the required set back for public roads, streets and highways under Dodge County Land Use Code. The required set back.	00:51:11
	Is 75 feet from the centerline or.	00:51:18
	42 feet from the right of way.	00:51:20
	Whichever distance is greater.	00:51:23
	As proposed, the home would.	00:51:25
	Relocated 37 1/2 feet from the center line of Sin City Point Road or 37 1/2 feet from within the required set back.	00:51:27
	And one feet.	00:51:35
	One foot from the.	00:51:37
	Road right away of Sinnissippi Point Road or 41 feet.	00:51:39
	Within the required set back, which is not in compliance with the code.	00:51:43
	Provisions and therefore prohibited by the Code. Appellant is requesting a.	00:51:47
	Area variance from.	00:51:51
	Section 5.1, point 1 and Table 5, point dash 1.	00:51:53
	Of the code, no response from the Township.	00:51:58
	Purpose statement The highway set back provisions.	00:52:03
	Of the county land use code promote a variety of public purposes such as providing light and air and Fire Protection, Traffic	00:52:06
	Safety.	00:52:10
	Prevention of overcrowding. Solving drainage problems.	00:52:14
	And protecting the appearance and character of the neighborhood.	00:52:18
	And for conserving property values, the highway set back provisions.	00:52:21
	Also provide for a uniform set back for all structures.	00:52:25
	Along all roads within the county in order.	00:52:29
	To provide safe visibility while entering or exiting a site.	00:52:32
	And to leave taxpayers of Dodge County from purchasing.	00:52:36
	Non conforming structures located in the highway set back lines.	00:52:40
	When those structures need to be removed.	00:52:45
	For Hwy. improvement or relocation projects.	00:52:47
	Staff believes the.	00:52:51
	The appellant is requesting an.	00:52:53
	A variance to 5.1 section 5.1.	00:52:54
	.1 and.	00:52:59
	Table 5.1 dash one of the code.	00:53:00
	Staff points out the board does not have summary.	00:53:03
	Power to ignore ordinance provisions or objections.	00:53:06
	The burden also falls on the opponent to convincingly demonstrate this board to.	00:53:11
	That a literal enforcement of the land use code regulations would result in an unnecessary hardship.	00:53:15
	That the hardship is due to special conditions unique to the property if granted.	00:53:21
	And if the variance would not be contrary to the public interest.	00:53:26
	The board.	00:53:31
	Should determine if the highway set back provisions.	00:53:32
	Of the court.	00:53:35
	Are unnecessarily burdensome in this case.	00:53:36
	The board should also consider the cost of the town to the town.	00:53:39
	And the public of having to purchase.	00:53:43
	The structure in the future if this structure would need to be removed.	00:53:45
	For Hwy. improvement or relocation projects, if the board can make the findings that are necessary in order to grant a variance.	00:53:49
	In this case, the staff recommends the following conditions.	00:53:56
	Of approval.	00:54:00
	In order to save the taxpayers of the cost of having to purchase.	00:54:01
	This non conforming structure if the.	00:54:05
	Future If in the future this structure needs to be removed.	00:54:08
	For Hwy. improvements or relocation projects of variance.	00:54:12
	Agreement.	00:54:15
	Shall be required.	00:54:16
	Recorded with the Register of Deeds.	00:54:18
	In the amount of the value of the home prior to the issues of the variance.	00:54:20
	So the appellant, please step forward to the.	00:54:28
	You state your.	00:54:47
	Director please.	00:54:48
	Roger and Brenda Carlton.	00:54:50
	9282 N Regent Rd. in Bayside.	00:54:55
	And this property address is N5185.	00:55:00
	Mississippi Point Rd.	00:55:04
	Is there any information regarding your request that you would like to add to the record at this time?	00:55:08
	Due to the depth of the lot if we.	00:55:15
	Maintain the 75 feet from the water.	00:55:17
	And the 42 feet from the road.	00:55:21
	We would only have about 10 feet to build a.	00:55:23
	The cottage that's currently on the property is.	00:55:28
	Not a year round structure and we would like to.	00:55:31
	Have a year round structure so.	00:55:34
	We would like the variance so that we could build.	00:55:36
	Residents.	00:55:40
	Thank you.	00:55:45
	Is there anyone in attendance that would like to speak in favor of this variance request?	00:55:46
	Yeah. Would you state your name for the record, please? Daniel Ginter Berg.	00:55:51
	The town chair.	00:55:56
	For the town of Hubbard.	00:55:57
	I am speaking in favor of the.	00:56:01
	Proposed project.	00:56:08
	And.	00:56:10
	One of the reasons is is it's.	00:56:12
	I don't believe that.	00:56:15
	The closest to the road.	00:56:18
	Will make a difference because.	00:56:20
	At that end of the.	00:56:23
	At that point out there.	00:56:24
	There isn't. That isn't much more than just a glorified driveway that goes through there.	00:56:26
	And I think there's.	00:56:33
	Two homes, or is there three homes beyond that?	00:56:35
	And then there's.	00:56:39
	Open area out on the point out.	00:56:40
	So.	00:56:42
	I don't believe that.	00:56:45
	If it's infringing on the setback that it would have a.	00:56:47
	Very much of an impact.	00:56:51
	In the near future.	00:56:56
	Thank you anyone else in the audience that would like to speak in favor of this request.	00:57:00
	David Matthews.	00:57:06
	We are speaking in favor.	00:57:13
	Thank you.	00:57:18
	Anyone else in the audience that would like to speak in favor of this request?	00:57:20
	Is there anyone else in the audience that was?	00:57:25
	Like to speak in favor.	00:57:27
	With this variance request before the board.	00:57:29
	Is there anyone in the audience that would like to speak?	00:57:33
	Against in opposition to this variance request.	00:57:37
	Is there anyone in the audience that would like to speak in?	00:57:43
	Opposition to this?	00:57:46
	Variance requests before the board.	00:57:47
	Is there anyone in the audience that would like to speak in?	00:57:52
	In opposition to the.	00:57:56
	Request before the board.	00:57:58
	Any other written?	00:58:02
	I have none.	00:58:03
	The board have any questions of the?	00:58:08
	Yeah, not of the appellant. I just have a question for Andy. I thought we were out there that you mentioned that there was also a.	00:58:11
	A right away or something going down to the lake.	00:58:18
	The right away actually does.	00:58:22
	Then it turns and comes down to that.	00:58:28
	But that is.	00:58:30
	Their their construction is not going to be bothered by that right away or do they have to be for?	00:58:32
	Requesting to be closer.	00:58:42
	OK. Sounds good. I, I misunderstood what you said there then. So thank you.	00:58:44
	Yeah, and I.	00:58:48
	May I speak?	00:58:50
	I do realize there is a.	00:58:52
	I believe that's either 50 or 75 feet wide at lake accesses.	00:58:54
	Any other questions from the committee?	00:59:04
	With the appellant like to make a final statement for the record before I close the hearing.	00:59:09
	I just wanted to point out that neighboring properties have similar structures that are.	00:59:15
	As the same distance from that.	00:59:20
	From the road.	00:59:24
	So it wouldn't be out of the norm.	00:59:25
	I declare the public hearing portion closed.	00:59:31
	And we'll go to.	00:59:34
	Conclusions of the law away ones.	00:59:36
	Based on the facts presented in the application at the public hearing, the Board concludes that.	00:59:41
	The appellant's request to Section 5, point 1.1.	00:59:46
	And table 5.1, dash 1.	00:59:49
	Refer to the set back for public roads.	00:59:51
	Yes.	00:59:54
	Is there a physical limitation as uniquely as property prevents the appellant from complying with the highway set back?	00:59:59
	Provisions of the code.	01:00:05
	Yes, yes.	01:00:07
	Not enough lot.	01:00:08
	Are the highways set back provisions of the code unnecessarily burdensome in this case, thereby creating a hardship?	01:00:18
	Yes, yes.	01:00:24
	Does the appellant have other options available to complete these projects in compliance with the code?	01:00:27
	But hardship exists and the variances denied can't build.	01:00:33
	Very, very narrow house.	01:00:37
	Short car.	01:00:40
	Melissa Tone Hubbard can tax tiny homes.	01:00:42
	Are the projects harmful anyway to the public's interest?	01:00:47
	Fits in with the.	01:00:51
	Other houses just as close.	01:00:54
	Does the board have sufficient information to make a decision in this request? Yes.	01:01:07
	Does the Board believe that the appellant's variance request a highway set back provisions of the Code meet the criteria that is	01:01:13
	necessary?	01:01:16
	In order to grant the area variance request.	01:01:19
	If the board can make these findings necessary in order to grant the variance request in this case.	01:01:24
	Are there going to be any conditions of approval necessary in this case to mitigate?	01:01:28
	Any potential adverse impacts that result in the proposed development?	01:01:31
	In this case, I think we should put that.	01:01:38
	Very infrequent, very infrequent agreement should be recorded. Don't think they'll ever do it, but that's but that that says the	01:01:41
	value of the shed and it should say value of the house, right?	01:01:46
	OK, then I'm looking for a motion to approve or deny the variance.	01:02:07
	To the highway set back requirements as a.	01:02:11
	Quote based on previous mention.	01:02:13
	I so move.	01:02:20
	2nd to approve.	01:02:22
	Motion is made and seconded to approve.	01:02:26
	The request.	01:02:29
	And I will oh any discussion.	01:02:35
	That's with the variance.	01:02:39
	Condition. Yeah. What the condition?	01:02:42
	Hey, then I'll call the roll John.	01:02:47
	Russell yes.	01:02:49
	Rodney.	01:02:51
	Brad yes.	01:02:53
	Myself, yes.	01:02:55
	Pieces of the above findings of fact. Conclusions of the law and record in this matter.	01:02:58
	The board approved the.	01:03:02
	Variance with the.	01:03:05
	Condition listed earlier.	01:03:08
	Register of Deeds.	01:03:14
	The land use administrators it directed.	01:03:16
	Issue a land use permit incorporated decision of the Board.	01:03:19
	Thank you.	01:03:33
	We have 3.	01:03:54
	Next month.	01:03:55
	I mean you have.	01:03:59
	What was that?	01:04:08
	Next meeting is.	01:04:21
	Yeah, second Thursday.	01:04:34
	Do you know where they are at?	01:04:35
	What's that?	01:04:38
	Next months where they are.	01:04:38
	I think a lot of them are up.	01:04:40
	I think at least who are in Fox Lake.	01:04:42
	I guess there's a motion in order to adjourn.	01:04:48
	All in favor say aye.	01:04:52
	Aye, meeting is adjourned.	01:04:53
	Thank you everybody.	01:04:55

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Event transcript
	Meeting of the Dallas County Board of Adjustment is hereby call to order.	00:00:09
	We have roll call Mark Osmer here.	00:00:13
	John Shane here.	00:00:15
	Russell Katky.	00:00:17
	Rodney Adjustment.	00:00:18
	Myself here, Larry Bishop is excused.	00:00:20
	First alternate and Brad Ku Falls is here.	00:00:24
	Here. Sorry about that.	00:00:27
	Any non county committee board members here?	00:00:30
	A quorum is present.	00:00:40
	And staff confirmed compliance with the Open Meeting Law and public hearing notice requirements.	00:00:42
	I confirm compliance with the open meeting in in the those requirements.	00:00:47
	Any changes to the agenda?	00:00:54
	No changes to the agenda.	00:00:55
	Review the minutes of the.	00:00:58
	January 9th meeting.	00:01:00
	Also move to approve.	00:01:06
	I will second.	00:01:07
	Any discussion?	00:01:08
	Hearing none all in favor say aye.	00:01:10
	Aye, opposed.	00:01:13
	Minutes are approved.	00:01:15
	Would staff please read the hearing procedures for tonight's?	00:01:18
	Hearing into the record.	00:01:21
	We're meeting today to hear the requests for modifications to the Dodge County Land Use Code. We have a series of three public	00:01:24
	hearings tonight.	00:01:28
	And the procedure for these hearings will be as follows.	00:01:33
	Chairman of the Board of Adjustment will read the public hearing notice, after which staff.	00:01:36
	Member from the.	00:01:41
	Dodge County Land Resources and Parks Department will read a report that has been prepared by the county staff.	00:01:42
	Regarding requests before the board following the.	00:01:48
	Staff reported the appellant or and or their agent will be asked to come before the board.	00:01:51
	The appellant will be asked to state their name for the record.	00:01:56
	And they may.	00:01:59
	Present their case to the board or.	00:02:01
	To add any additional information to the record, those in attendance wishing to speak in favor of opposite.	00:02:04
	Or opposition can.	00:02:10
	Come before the board and speak.	00:02:11
	And if you wish to speak, you will be.	00:02:14
	Asked to step up to the microphone, which is in located in the center of the room.	00:02:16
	And state your name.	00:02:20
	And address for the record and state your position regarding.	00:02:24
	The request before the board.	00:02:28
	Please address your comments and questions to the Board and not to the appellant.	00:02:30
	You only allowed to speak once, so please be prepared to present all of your concerns and questions.	00:02:34
	To the board when you speak.	00:02:40
	After those in attendance have spoken.	00:02:42
	Written correspondence that has been.	00:02:44
	Received by the board.	00:02:46
	Or which has been collected by the board.	00:02:48
	During the on site visits will be.	00:02:51
	Read into the record, the board will have an opportunity to.	00:02:53
	Ask the pellet any questions.	00:02:57
	Following the board.	00:02:59
	Board's Questions. The appellant will be allowed to give a final statement for the record.	00:03:02
	After receiving all the testimony, the board will then deliberate and will make a decision.	00:03:07
	To grant, grant in part or deny the variance request.	00:03:12
	And if approved, they may place conditions on the approval.	00:03:16
	If they feel necessary to address or mitigate any potential adverse.	00:03:20
	Impacts the proposal may have on adjacent properties or the Community.	00:03:24
	If the variance is approved, the staff will be directed to issue.	00:03:30
	A land use permit incorporating those conditions approved by the board.	00:03:33
	Any.	00:03:38
	Or persons agreed by any decision of.	00:03:39
	The Board of Adjustment may present.	00:03:42
	To a court of record if petition duly verifying.	00:03:44
	Setting forth.	00:03:48
	That such decision is illegal.	00:03:49
	And spectifying.	00:03:51
	The grounds.	00:03:54
	Specifying the grounds of the illegality.	00:03:55
	Such petitions shall be presented to the Circuit Court.	00:03:59
	In this county within 30 days after the filing of the decision.	00:04:03
	In the presence of the office of the board of adjustment, the county assumes no liability for any.	00:04:07
	And makes no.	00:04:14
	Warranty as to the reliance on any decision if the construction.	00:04:15
	Is commenced prior to the expiration.	00:04:20
	Date of this 30 day period.	00:04:23
	If during this meeting.	00:04:25
	Procedural questions.	00:04:27
	Or other points of order arise.	00:04:28
	The final decision of this board may be postponed until more information is gathered.	00:04:31
	Considered or properly acted upon.	00:04:36
	Thank you, Andy.	00:04:41
	Otis is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:04:43
	On Thursday, January 16, 2025.	00:04:48
	At 7:00 PM or shortly thereafter.	00:04:51
	First floor of the.	00:04:53
	Dodge County Administration Building, Juno, Wisconsin.	00:04:55
	On the appeal of Garrett and Amy Wescott.	00:04:58
	For a variance to the terms of the set back of the Dodge County land use code.	00:05:01
	To allow an accessory structure to remain.	00:05:06
	Has constructed.	00:05:09
	Constructed.	00:05:11
	The project does not meet the highway set back regulations.	00:05:12
	The site located in part of the northeast corner of the northeast.	00:05:15
	Quarter Section 22.	00:05:20
	Town of Asher Pun.	00:05:22
	Site address being in 1259 County Highway P.	00:05:24
	A copy of the proposed petition is available for review and.	00:05:28
	County land resource and parks.	00:05:32
	Department between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:05:34
	Whole person is interested, are invited to attend and be heard.	00:05:39
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:42
	At 127 E Oak St. Juneau, WI or by e-mail.	00:05:47
	No later than January 15, 2025.	00:05:51
	Dated December 2nd, 2024.	00:05:54
	County Board of Adjustment by William Nash, chairman.	00:05:57
	The staff Please read the staff report now.	00:06:03
	Certainly.	00:06:06
	County has jurisdiction over this site as a Town of Asherman has adopted the County's Land use code.	00:06:07
	Review criteria subsections 2.3 point 12 point A through.	00:06:13
	2.3 point 12 point G of the Dodge County land use code details.	00:06:17
	The procedural matters.	00:06:22
	The approval criteria for this process. The board shall hold a public hearing.	00:06:24
	On each variance application and.	00:06:28
	The following Public Hearing act to approve the conditions.	00:06:31
	Or deny the variance based upon the approval.	00:06:35
	Criteria in 2.3 point 12 point E.	00:06:37
	A balance request.	00:06:41
	An application for a variance request was submitted by the appellant.	00:06:43
	With the request for a variance to the terms of the highway set back provisions of the Dodge County Land Use Code.	00:06:46
	To allow an accessory structure to remain that does not comply with the issued land use permit.	00:06:52
	Were said accessory structure is located 60 feet from the right of way.	00:06:58
	Of county highway P or 7 feet within the required set back and thus prohibited by the code.	00:07:02
	Features the county has.	00:07:08
	Jurisdiction over the site as the Town of Asherman has adopted the county's land use code.	00:07:11
	The property is located within the both A1.	00:07:16
	Prime agricultural and a two general agricultural zoning districts.	00:07:19
	The structure in question is lies in the A2 general agricultural district.	00:07:24
	The property is presently being used for residential and open space uses.	00:07:29
	The physical features of this 8.66 acre lot includes.	00:07:35
	Moderately sloping topography with slopes ranging from 2 to 4%.	00:07:39
	The parcel contains a residence and associated accessory structures.	00:07:44
	The parcel contains 4.8 acres.	00:07:48
	Approximately 4.8 acres of mapped wetlands.	00:07:51
	The general character of the surrounding land.	00:07:55
	Consists of residences and agriculture.	00:07:58
	A permit for a shed was issued on.	00:08:01
	January 15th, 2020. Revision to the permit.	00:08:03
	Was submitted and approved by department staff on April 13th, 2020.	00:08:07
	A final inspection was done on July 14th of 2020.	00:08:13
	That inspection stated that the.	00:08:17
	The shed was built per the revised plans.	00:08:22
	In the fall of 2024, staff received.	00:08:25
	A call from a prospective buyer of the property.	00:08:29
	Prospective buyer.	00:08:32
	Was asking about making additions and alterations to the shed built in 2020.	00:08:33
	With In the process of investigating the caller's request, it was discovered that the.	00:08:38
	Shed indeed did not meet the required set back to the right of way of County Highway P.	00:08:44
	And land use code violation letter was sent to the owners on November 8th.	00:08:49
	Of 2024.	00:08:54
	The shed is located approximately 350 feet South of the intersection of County Highway P and Washington Rd.	00:08:57
	The shed is approximately 155 feet from the center line.	00:09:04
	Of County Highway.	00:09:07
	The right of way of county highway P does.	00:09:09
	Get increasingly wider as it goes N at this location.	00:09:12
	Presumably because of the intersection and the.	00:09:16
	Curve at County Highway P.	00:09:20
	Shed sits farther back.	00:09:23
	From County High BP than the existing natural vegetation.	00:09:26
	The shed is approximately 115 feet.	00:09:30
	From the Matt wetlands to its West.	00:09:33
	County Land Use Administrator issued the violation letter for the following reasons.	00:09:36
	Subsection 5 point 2.3 and table 5.1 dash one of the land use code. Refer to the.	00:09:40
	Required setbacks from public roads, streets and highways under the Dodge County Land Use Code.	00:09:46
	The required set back is 100 feet from the centerline or.	00:09:52
	67 feet from the right of way, whichever.	00:09:55
	Distance.	00:09:58
	Has built. The garage is located 159 feet from the center line of the.	00:09:59
	County Highway P which meets the required set back.	00:10:04
	And 60 feet from the right of way.	00:10:07
	Of Carney Highway P or 7 feet within the required set back.	00:10:10
	Which is not in compliance with the code.	00:10:14
	Provisions and therefore prohibited by the Code.	00:10:17
	The appellant is.	00:10:21
	Requesting an area variance to sections.	00:10:22
	Section 5.2 Point 3IN table 5.1 dash one of the code.	00:10:25
	I did receive a.	00:10:30
	A late.	00:10:32
	Response from the town of Ashland.	00:10:35
	From the clerk Treasurer.	00:10:38
	The Town of Asherman gives a unanimous favorable recommendation for the variance.	00:10:40
	2024-0928 Garrett, Amy and Amy Wescott.	00:10:45
	Please let me know if you have any questions.	00:10:51
	The purpose statement.	00:10:55
	The highway set back provisions of the county land use code promote a variety of public.	00:10:58
	Purposes.	00:11:02
	Such as providing for light air.	00:11:03
	Fire protections. Traffic Safety.	00:11:05
	Prevention overcrowding. Solving drainage problems.	00:11:08
	Protecting the appearance and character of the neighborhood.	00:11:11
	And conversing or.	00:11:14
	Conserving property values.	00:11:16
	The highway set back provisions also provide.	00:11:18
	For a uniform set back for all.	00:11:21
	Structures along the road.	00:11:23
	Within the county in order to.	00:11:25
	Provide safe visibility while entering or exiting.	00:11:27
	A site to save the taxpayers of Dodge County.	00:11:30
	From purchasing non conforming structures.	00:11:34
	Located within the highway set back lines that when those structures need to be removed.	00:11:38
	For Hwy. improvement and.	00:11:43
	Relocation projects.	00:11:47
	Staff Advisory.	00:11:49
	Staff believes that the appellant is requesting a area variance to five point 2.3 and Table 5.1.	00:11:51
	Dash one of the code staff points out that the.	00:11:58
	Board does not have summary powers to ignore.	00:12:00
	Ordinance provisions or objectives. The burden also falls on the opponent to convincingly demonstrate.	00:12:03
	To the board that.	00:12:10
	Literal enforcement of the land use code.	00:12:11
	Would result in an unnecessary hardship. That hardship is due to.	00:12:14
	Special conditions unique to the property and if granted, the variance would not be contrary to the public interest.	00:12:18
	The board should determine if the highway set back provisions of the code.	00:12:25
	Or unnecessary burdensome in this case?	00:12:29
	The board should also.	00:12:32
	Considering the cost of the town and the public having to purchase.	00:12:33
	This structure in the future if this structure would need to be removed for Hwy. improvement or relocation projects.	00:12:38
	If the board can make the findings that are necessary in order to grant this variance.	00:12:44
	The staff recommends the following conditions.	00:12:49
	Of approval to in order to save the taxpayers the cost of having to purchase.	00:12:51
	This non conforming structure in the future.	00:12:56
	In the future, this structure needs to be removed for Hwy. improvement or relocation projects.	00:12:59
	A variance agreement shall be recorded.	00:13:04
	With the register of deeds in the amount of the value of the shed prior to the issuance of the variance.	00:13:07
	Will the appellant please come forward?	00:13:17
	Going to the public.	00:13:23
	They consider one on the table. Yeah, yeah, the public can use one of the other.	00:13:27
	They can use one of the other ones.	00:13:32
	Is there any information regarding your request that you would like to add to the?	00:13:41
	Record at this time.	00:13:45
	Hi, my name is Garrett Wescott.	00:13:48
	My name is Amy Wesco.	00:13:50
	In addition to the formal application for your address, please.	00:13:53
	N1259 County Road P as in Paul.	00:13:57
	Rubicon, Wisconsin.	00:14:01
	53078.	00:14:02
	Thank you. Thank you.	00:14:04
	I believe in addition to the formal application.	00:14:06
	We submitted additional documentation of photos from the road.	00:14:09
	Kind of outlining that there's natural vegetation.	00:14:14
	That would be blocking the view of.	00:14:16
	Motorists before the building is even insight.	00:14:18
	Just to kind of explain and show to everybody involved that.	00:14:21
	Natural vegetation and other things block.	00:14:25
	Line of sight for motorists before the building would.	00:14:28
	Just some information there.	00:14:31
	Thank you.	00:14:36
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:14:37
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:14:43
	Before the board.	00:14:48
	Is there anyone in attendance that would like to?	00:14:51
	In favor of the variance request before the board.	00:14:53
	Always have to ask three times just so you.	00:14:57
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:15:00
	Like to speak in opposition to the variance request before the board.	00:15:09
	Is there anyone in attendance that would like to speak in opposition to the variance request?	00:15:12
	Before the board.	00:15:18
	Is there any other written comments?	00:15:22
	Correspondence. There's not.	00:15:23
	Board have any questions of the appellate?	00:15:27
	Would the opponent like to make a final statement for the record?	00:15:38
	As you guys can see through the documentation.	00:15:42
	This is a fully permanent building.	00:15:46
	We went to the highway department and.	00:15:48
	And pulled the appropriate permit for the additional driveway.	00:15:50
	We went through all the steps with the Township.	00:15:53
	As far as the permitting process.	00:15:56
	We feel that due cause was followed all the way up until the placement and the staking of the building.	00:15:58
	Which at point? At which point was the the failure point in building placement?	00:16:04
	From the original permitting application, all the drawings were put in place. Everything was done in due diligence.	00:16:09
	And it just fell short at the actual placement of the building before being built.	00:16:15
	Then I'm prepared to close the hearing.	00:16:27
	Public hearing portion of this.	00:16:29
	Hearing.	00:16:30
	And we'll move to the conclusion of the law.	00:16:32
	Mark is going to.	00:16:37
	Read those he.	00:16:38
	Will not vote. Brad will vote on the.	00:16:40
	All the issues tonight, he'll secretary.	00:16:43
	Based on the facts presented in the application of the public hearing, the Board concludes that.	00:16:46
	The appellant's request to Section 5, point 2.3.	00:16:51
	And table 5.1, dash 1.	00:16:54
	To refer to the set back for public roads.	00:16:56
	Yes, yes.	00:17:00
	Is there a physical limitation as unique to this property prevents the appellant from complying?	00:17:03
	With the highway set back provisions of the code.	00:17:08
	Yes.	00:17:10
	Well, yes, because they had a permit for it.	00:17:13
	Yeah. But it's just, I mean, they, they wanted to place it in the right, You wanted to place it in the right area. It was just	00:17:15
	mistakenly placed.	00:17:19
	7 feet too close I mean.	00:17:22
	You actually could have moved at those seven feet if you.	00:17:25
	There just must have been an error when somebody built it, right? I mean, that's you're not disputing that.	00:17:28
	Yeah, that was where the error had occurred.	00:17:35
	Legally, it could have been.	00:17:38
	It could have been in the right place.	00:17:40
	Least in my opinion.	00:17:43
	They were given O'Hara.	00:17:45
	Given a permit for it so.	00:17:56
	Are the highway set back provisions of the code unnecessarily burdensome in this case?	00:18:01
	Thereby creating a hardship.	00:18:05
	Same reason as the last.	00:18:07
	It's a. It's a very large set back there.	00:18:11
	Does the appellant have other options available to complete this?	00:18:19
	Projects in compliance with the code.	00:18:22
	At this point.	00:18:25
	No, no, since it's already constructed, it would be. You'd have to chop the corner off the shed.	00:18:27
	What hardship exists the variances denied?	00:18:36
	Shed would have to be removed.	00:18:40
	Are the projects harmful in any way to the public's interest?	00:18:53
	Does the board have sufficient information to make a decision on this request? Yes.	00:18:58
	Yes. Does the board believe the appellant's variance request the highway set back provisions of the code meet the criteria?	00:19:02
	That is necessary in order to grant the area variance request.	00:19:09
	Yes.	00:19:13
	If the board can make finding necessary in order to grant the variance request in this case.	00:19:20
	Are any conditions of approval necessary in this case to mitigate any potential adverse impacts?	00:19:25
	The result from this proposed development project.	00:19:30
	I've got the one on here listed as a variance agreement.	00:19:35
	I I don't see any reason to.	00:19:38
	Put that one on this one because they followed through on everything and it just you know, I.	00:19:40
	You know, they follow through on everything. It was just a mistake of seven feet when they built it. I, you know.	00:19:45
	Yes, we could make them do that, but it's not.	00:19:49
	You know, there it's never.	00:19:52
	The road is never going to get wider there than it all, you know.	00:19:54
	That that building is going to cause any problem with road construction or anything.	00:19:57
	So we'll leave that as no for now.	00:20:02
	OK then.	00:20:07
	I would be looking for a motion to either approve or deny the variance request.	00:20:09
	Set back requirements based on the code.	00:20:14
	Motion.	00:20:18
	Motion to approve.	00:20:19
	I will second it.	00:20:22
	Any discussions?	00:20:24
	If not, I will call the roll.	00:20:31
	John yes.	00:20:33
	Russell.	00:20:36
	Rodney yes.	00:20:38
	Brad yes.	00:20:40
	And myself is yes.	00:20:42
	On the basis of the above findings, fact and conclusion of the law.	00:20:46
	Variances approved.	00:20:51
	As as proposed.	00:20:54
	And the land use administrator, is it directed to issue a land use permit incorporating the decision of the board?	00:20:57
	They already have that.	00:21:06
	Thank you. Thank you.	00:21:09
	Have a good evening.	00:21:11
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:21:38
	On Thursday, January 16, 2025.	00:21:43
	At 7:00 PM or shortly thereafter on the first floor of them.	00:21:46
	County administration building, Juno, Wisconsin.	00:21:50
	And the appeal of Shane and Tara Rhodes.	00:21:53
	For a variances.	00:21:56
	In terms of the set by a Dodge County.	00:21:58
	Shoreland ordinance to allow construction.	00:22:00
	Accessory structure.	00:22:03
	As proposed, the project will not meet the ordinances Shoreland set back.	00:22:05
	In addition, the lot noted above does not have. Does not abut on a.	00:22:10
	Public road and structures are not allowed to be built on such lots.	00:22:14
	The site located in the park.	00:22:18
	Of the southeast quarter. Of the southeast quarter.	00:22:21
	Section 23. Toner Fox.	00:22:23
	Site address being W 10206.	00:22:26
	Indian Point Rd.	00:22:30
	A copy of the proposed petition is available for review in the Dodge Cut.	00:22:32
	The county Land Resources and Parks Department.	00:22:36
	20 hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:22:39
	All person interested in.	00:22:43
	Invited to attend and be heard.	00:22:44
	Written comments may be submitted to the Dodge County Land Resources Parks Department.	00:22:46
	127 E Oak St. Juneau, WI.	00:22:51
	Or by e-mail no later than January 15th, 2025.	00:22:55
	Dated December 5th, 2024.	00:22:59
	Dodge County or Board of Adjustment.	00:23:02
	Please read the report.	00:23:07
	County Jurisdiction County has jurisdiction jurisdiction over this.	00:23:10
	Site is a town of Fox Lake has adopted the county's land use code.	00:23:13
	Review criteria subsections 2.3 point 12.8 through 2.3 point 12 point G.	00:23:17
	Of the Dodge County Land Use Court as well as subsections 14 point.	00:23:23
	Seven parent one.	00:23:26
	Through 14.7.	00:23:28
	14.7 parents seven of the Dodge County shoreland protection ordinance details a procedural matters and the.	00:23:32
	Approval criteria for the variance process.	00:23:39
	The board shall hold a public hearing on each.	00:23:42
	Variance Application and the following Public Hearing Act to approve.	00:23:44
	Approve with conditions or deny the variance based upon the approval criteria.	00:23:49
	Section 2.3, point 12, point east of the Dodge County Land Use code and section.	00:23:55
	14.7 Parents six of the Dodge County Shoreland Protection ordinance.	00:23:59
	Balance request on November 21st.	00:24:05
	2024 An application for.	00:24:08
	A variance request was submitted to by the appellant.	00:24:10
	With a request to construct a patio.	00:24:13
	North of an existing residence. As proposed, the project will be located 48.5 feet from the from the.	00:24:15
	Ordinary high watermark of Fox Lake.	00:24:22
	Or 26.5 feet.	00:24:25
	Within the required set back and thus prohibited by the code.	00:24:27
	In addition, the lot noted above does not abut on a public Rd.	00:24:31
	And constructors are not allowed to be built.	00:24:35
	On such lots, thus prohibited by the code.	00:24:38
	This request is a variance to subsection 6.1 of the Shoreland setbacks.	00:24:41
	And subsection 5.2.	00:24:46
	.1 parent.	00:24:49
	Legal Lots of record of the Shoreland Ordinance and section subsection 10, point 5.3.	00:24:51
	Lots that do not about a public Rd. of the Dodge County land use code.	00:24:59
	Features of the lot.	00:25:04
	The county has jurisdictional on this site.	00:25:06
	The Town of Fox Lake has adopted the county's land use code. The property.	00:25:09
	Is located within the R1 single family residential zoning district.	00:25:13
	The county has Sterling.	00:25:18
	Jurisdiction over this site as.	00:25:19
	As the site is located within 1000 feet of the ordinary high watermark of a navigable Watt.	00:25:24
	Body of water, Fox Lake.	00:25:28
	The property is president presently being used for residential use.	00:25:31
	Physical features of the .3 acre lot include.	00:25:36
	Sloping sloping topography ranging from 2.62 to 2 to 6% with a steeper slope.	00:25:39
	Ranging up to 50% along the shoreline.	00:25:46
	The parcel contains a residence and associated accessory structures.	00:25:49
	The general character of the surrounding land use consists of single family residences.	00:25:53
	The property is located in the Shoreland.	00:25:58
	Zoning district is a bus.	00:26:01
	Fox Lake on the Northside of the property.	00:26:03
	The existing impervious surface.	00:26:05
	Calculation for this.	00:26:07
	Site is 2909.25 square feet.	00:26:09
	Or 22.26%.	00:26:13
	While the proposed.	00:26:16
	Is.	00:26:19
	3400 and.	00:26:20
	81.85 square feet.	00:26:22
	Or 26.64%.	00:26:24
	This parcel is identified as a highly developed shoreline.	00:26:27
	Allowing up to 30% impervious surfaces.	00:26:30
	Without mitigation.	00:26:34
	Pre construction agreement has been obtained by the appellants.	00:26:35
	With the Wisconsin Historical Society.	00:26:39
	As this does it.	00:26:42
	Is designated as an archaeological site.	00:26:43
	On September 23rd.	00:26:46
	2024 an application for accounting land use land use permit was made by the appellant.	00:26:48
	In order they be.	00:26:53
	Allowed to construct the concrete patio on the Northside of the residence and the.	00:26:55
	On this site, the permit was denied by the county land use administrator.	00:27:00
	For the following reasons.	00:27:04
	Subsection 5 Point.	00:27:06
	One parent, two of the Dodge County Shoreland Protection Ordinance states.	00:27:08
	Legal lots of record of par or parcels of land.	00:27:13
	Which not about on a public Rd.	00:27:17
	For a distance of at least 20 feet or that do not meet the requirements of Section 5.6.	00:27:19
	Shall not qualify for a land use permit since this parcel does not abut on a public Rd.	00:27:27
	And it does not abut.	00:27:32
	One of the private roles listed in 5.6.	00:27:35
	Of the ordinance, it does not qualify for a county permit under.	00:27:39
	The shoreline protection ordinance.	00:27:43
	For the proposed project.	00:27:45
	And therefore is prohibited by the ordinance subsection.	00:27:47
	10.5 point 3 of the.	00:27:51
	Dodge County land use code states a single family.	00:27:53
	Dwelling and its accessory structures may be constructed on a legal lot or parcel.	00:27:56
	Of record recorded by the county register of deeds office before the effective date or amended date.	00:28:01
	Of this code which?	00:28:08
	Has frontage along a platted private roads.	00:28:09
	Listed in subsection 10.5 point 3 point.	00:28:13
	Subject to the requirements set forth in this subsection sense.	00:28:17
	The parcel does not abut a.	00:28:22
	Public road and does not about one of the private roads listed in subsection.	00:28:24
	10.5 point 3 point D of the ordinance it does not qualify for.	00:28:29
	County land use permit.	00:28:33
	Under the land use code.	00:28:35
	For the proposed project.	00:28:37
	Therefore, is prohibited by the code.	00:28:39
	Subsection 6.1 of the Dodge County Shoreland Ordinance states.	00:28:41
	Unless exempt under 6.1.	00:28:46
	Parent one.	00:28:49
	Under or reduced under 6.2 a set back of 75 feet from the ordinary high watermark.	00:28:50
	Of any navigable waterway waters to the nearest part of the building or structure.	00:28:57
	Shall be required for all buildings and structures as proposed.	00:29:02
	The 30 by 25 accessory structure. Concrete patio.	00:29:07
	Will be located 48.5 feet.	00:29:12
	From the ordinary high watermark.	00:29:14
	Or 26.5 feet.	00:29:17
	Within the required set back.	00:29:19
	Additionally, this is.	00:29:21
	As this is an accessory structure, does not meet the requirements of.	00:29:23
	Subsection 6.2 reduced principal.	00:29:27
	Structure setbacks and therefore is prohibited by the code.	00:29:31
	The appellant is requesting an area variance to subsection 5.2.	00:29:34
	5.1 Parent 2.	00:29:39
	And subsection 6.1 of the Dodge County.	00:29:41
	Swallowing protection ordinance and subsection foot.	00:29:44
	10 point 5.3.	00:29:47
	Of this Dodge County land use code.	00:29:49
	There's no.	00:29:52
	Response from the.	00:29:54
	Purpose statement.	00:29:55
	Subsection 5 Point.	00:29:59
	One parent, two of the strong protection ordinance, and subsection 5.	00:30:01
	They're 10.5 point 3 of the land use code.	00:30:06
	Prevents parcels that do not but about on a public Rd. from being.	00:30:09
	Used for residential or other.	00:30:12
	Purposes as problems generally arise from these type.	00:30:14
	Properties, especially of a fire or emergency vehicle.	00:30:18
	Or other large vehicle type.	00:30:22
	Vehicles need to gain access the purpose of the and the intent of the non conforming.	00:30:25
	Lot and use.	00:30:30
	Provisions of both.	00:30:32
	The shoreline protection ordinance.	00:30:34
	And the land use code is generally to allow use of structures.	00:30:36
	And lots that came into existence legally.	00:30:39
	In conformance with then applicable requirements.	00:30:42
	To continue.	00:30:45
	To exist, to be put on, to be.	00:30:46
	To put.	00:30:49
	To productive use.	00:30:51
	But to bring as many aspects of such situations into compliance with the existing.	00:30:52
	Regulations as reasonably possible.	00:30:57
	The regulations are intended to recognize.	00:31:00
	The interest of the property owners continuing to use their property.	00:31:03
	Promote reuse and rehabilitation of existing buildings and to place reasonable limits on the expansion and.	00:31:09
	Alterations of nonconformities.	00:31:15
	That have.	00:31:18
	The potential to adversely affect.	00:31:18
	Surrounding properties.	00:31:21
	Or the community as a whole.	00:31:22
	The purpose of the water set back provision of the code.	00:31:24
	Are to require a uniform set back distance from the water to preserve.	00:31:28
	The public interest in shorelands and navigable waterways.	00:31:33
	The state and every other property owner.	00:31:36
	That has frontage on a body of water is required to comply with this.	00:31:39
	Uniform water.	00:31:43
	Set back requirement, in this case the proposed accessory structure.	00:31:45
	Concrete patio will be located 48.5 feet from the ordinary high watermark.	00:31:49
	Or 26.5 feet within the required set back, therefore prohibited by the code.	00:31:54
	Staff believes that the appellant is requesting an.	00:32:01
	An area variance to 5.2.	00:32:04
	5.1 point parent to.	00:32:07
	And 6.1.	00:32:09
	Of the shoreland protection ordinance and subsection.	00:32:10
	10.5 point 3 of the land use code.	00:32:13
	Staff points out that the.	00:32:16
	Board does not have summary power to ignore.	00:32:17
	Provisions or objections Objectives. The burden also falls on the appellant to convincingly demonstrate that the board.	00:32:20
	To the board that this that a literal enforcement of both the land use code and the shoreline protection ordinance.	00:32:28
	Regulations would result in an unnecessary hardship that the hardship is due to the special conditions.	00:32:34
	Unique to the property, and if granted, the variance would not be.	00:32:40
	Contrary to the public.	00:32:43
	But the appellant please step forward to the.	00:32:48
	And there are two different.	00:32:59
	3.	00:33:03
	Yep.	00:33:05
	I believe so, yes.	00:33:08
	Please state your name for the record.	00:33:12
	Shane Rhodes.	00:33:16
	And your address.	00:33:18
	Permanent address, 814 Seymour St. in Waupun.	00:33:20
	And this property.	00:33:24
	For one West.	00:33:27
	10206 Indian Point Rd.	00:33:28
	Is there any information regarding your request that you would like to add?	00:33:35
	Record at this time.	00:33:38
	Thank you for hearing our request.	00:33:41
	Previewing the.	00:33:44
	Packet information and then the recent site visit.	00:33:45
	We did have three in favor responses that were submitted.	00:33:48
	Via e-mail to Bryce. So I don't.	00:33:52
	I got him here, thank.	00:33:56
	We considered our lot size.	00:33:59
	Orientation and our.	00:34:01
	Existing structures.	00:34:03
	Of course, we want to enjoy our.	00:34:04
	Scenic and recreational value of our property.	00:34:06
	And a patio would help us enjoy our.	00:34:10
	Property consistent with the other lake homes around us.	00:34:12
	We have some topographical and limited building challenges. We're on the.	00:34:16
	We have a private road on one side and then the sloping.	00:34:22
	Shoreline, on the other.	00:34:25
	We have a lot of existing mature trees that we absolutely want to keep.	00:34:27
	And then the sewer location and the location on the home.	00:34:31
	Placement is requested in the viable.	00:34:37
	Location that.	00:34:40
	Does.	00:34:42
	The patio.	00:34:43
	Includes 2 existing sidewalks.	00:34:45
	Which probably.	00:34:48
	Which would need to be replaced anyway because they are shifting and cracking.	00:34:49
	And the placement also avoids any disruption to our neighbors.	00:34:54
	And we would.	00:35:00
	Certainly plant a native.	00:35:01
	Perimeter to ensure their.	00:35:04
	You noted the impervious.	00:35:11
	Calculation, so I won't.	00:35:13
	Address that and then we did receive approval for a patio of this type already from the state Historical Society.	00:35:15
	Because the.	00:35:23
	The ground going down 12 inches has already been disturbed.	00:35:25
	So they.	00:35:29
	Did a site visit and determined.	00:35:30
	Relative to that requirement.	00:35:33
	That there is no concerns on their end.	00:35:35
	And then they will not be sending a.	00:35:37
	Archaeologists.	00:35:39
	Thank you.	00:35:46
	Thank you.	00:35:47
	Is there anyone?	00:35:48
	In attendance that would like to speak in favor of this variance request.	00:35:49
	Is there anyone in attendance that would like to speak in favor of this request?	00:35:55
	Is there anyone in attendance that would like?	00:36:02
	Speak in favor as request.	00:36:04
	For the board.	00:36:06
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:36:11
	Is there anyone in attendance that would like to speak in a position to this variance request?	00:36:18
	Is there anyone in attendance that would like to speak?	00:36:26
	Opposition to this variance request.	00:36:28
	I have 3 Sir.	00:36:33
	First one being.	00:36:36
	Shane and Tara Rhodes and to it who it may concern, we are in full support.	00:36:38
	Of allowing Shane and Tara Roads to build.	00:36:43
	In the building of their patio area at their lake house on Indian Point Rd.	00:36:46
	Being neighbors with Shane and Tara, we have no.	00:36:52
	Issues.	00:36:54
	With anything they choose to do, we are in favor of them doing.	00:36:55
	What they please with their outdoor living area. Darrell and Shelley we're small lake owners on Indian Point Rd.	00:36:59
	Fox Lake, WI.	00:37:05
	To whom it may concern.	00:37:10
	We, Ryan and Jeanette Peters, are writing.	00:37:11
	To support the changes proposed by Shaving and Tara roads on their Indian point.	00:37:15
	Road property as fellow Indian Point.	00:37:20
	Property owners, we are always excited to see our neighbors looking to improve their properties.	00:37:24
	Being property owners on Indian Point Rd. we understand the challenges owners.	00:37:30
	Need to overcome with the Township and the county to make.	00:37:34
	Property improvements, we hope.	00:37:38
	You will make this.	00:37:40
	We'll take this letter of.	00:37:42
	Support into consideration.	00:37:44
	For your approval of the request, thank you, Ryan and Jeanette Peters, W 10216.	00:37:46
	Indian Point Rd.	00:37:52
	And this one is addressed to.	00:37:57
	To tear herself, I did receive a notice.	00:38:04
	From the company concerning your variance request. Thanks for providing.	00:38:07
	Details concerning the variance. I have no issues with the patio. Your patio plans. Good luck.	00:38:12
	And Happy New Year, Jay, and that is from.	00:38:18
	Sugar.	00:38:23
	That is it.	00:38:40
	No response from the DNR.	00:38:41
	No, no.	00:38:43
	Would you like to make a final statement?	00:38:49
	For the record, before we close the hearing.	00:38:52
	Just a comment.	00:38:55
	Just in the packet, there's a lot of information, so I just wanted to call out on page 24 of your packet. It gives a really good	00:38:57
	bird's eye view.	00:39:00
	And then on.	00:39:05
	In your packet page 28.	00:39:06
	That bottom picture shows the existing sidewalks within.	00:39:08
	Board, have any questions?	00:39:23
	Declare that a hearing.	00:39:33
	Public hearing portion of it.	00:39:34
	Close and we will go to.	00:39:36
	Opinions.	00:39:39
	Conclusions. Conclusions of the law.	00:39:41
	And do we have to take each?	00:39:44
	But there are three different ones. I think we take each one separately.	00:39:52
	You take the.	00:39:58
	Not a budding of public Rd.	00:40:00
	Via the Shoreland ordinance first and then, then.	00:40:03
	Land use code and then the.	00:40:06
	Charlotte set back last.	00:40:08
	The appellant's request to section 5.1 ( 2 regarding lots do not about a public rule within the shoreline ordinance and	00:40:21
	subsection.	00:40:25
	10 point 5.3 regarding lots that do not abut a public rule within the land use code.	00:40:29
	And section 6.1 regarding the set back from ordinary high watermark.	00:40:34
	Of any navigable water areas.	00:40:39
	That a Is that what they're?	00:40:42
	Set the variance.	00:40:44
	And we're only looking at the abutting.	00:40:49
	Is there a physical limitation as uniqueness property prevents the appellant from complying with the sections?	00:40:53
	Regarding not a budding on a public road and a minimum set back.	00:40:58
	Pulmonary white high watermark.	00:41:02
	From navigable waters provision of the code.	00:41:05
	Are the sections regarding not a budding on a public road and the minimum set back?	00:41:10
	Ordinary high watermark from from.	00:41:19
	From navigable waters.	00:41:21
	Provision of the code unnecessarily burdensome in this case, thereby creating hardship.	00:41:24
	There's no other place to go with it.	00:41:33
	Does the appellant have other options available to complete these projects in compliance with the code?	00:41:37
	What hardship exists is the variance is denied.	00:41:45
	They don't get to do it, but I mean.	00:41:54
	They've also got stuff that's falling apart at this point.	00:41:57
	You can't improve their property.	00:42:02
	Sidewalk walking.	00:42:04
	You know, improve the sidewalk. You know the sidewalk will be gone and.	00:42:07
	Are the projects harmful in any way to public's interest?	00:42:23
	Does the board have sufficient information on?	00:42:29
	This request.	00:42:31
	Yes.	00:42:33
	Does the Board believe the appellant variance request for the section regarding not a budding on a public Rd.	00:42:37
	And the minimum set back.	00:42:43
	Ordinary high watermark from navigable water provision of the code.	00:42:44
	Meet the criteria that is necessary in order to grant the area of variance request.	00:42:48
	Yes, yes.	00:42:52
	The Board makes the findings necessary in order to grant the variance request in this case or any conditions.	00:42:57
	Of approval necessary in this case to mitigate any potential adverse impacts that result from this proposed development project.	00:43:02
	The staff doesn't recommend any so.	00:43:12
	OK, then I would be looking for a motion to either approve or deny the variance.	00:43:20
	Sections regarding not a budding public road and minimum set.	00:43:24
	Organized watermark from Navajo.	00:43:29
	You want that as you want that is too 2 separate motions, right?	00:43:33
	I'll make a motion to approve the.	00:43:41
	For not abutting a public Rd.	00:43:48
	Is there a second second?	00:43:52
	Seconded by Russ Any discussion?	00:43:54
	Hearing none.	00:44:02
	I'll call the roll John.	00:44:04
	Yes, Russell.	00:44:06
	Brad yes.	00:44:11
	Myself, yes.	00:44:13
	On the basis of the findings of fact.	00:44:17
	Conclusion of the law. The record in this matter.	00:44:19
	Board granted the area variance or the.	00:44:22
	Road abutting them.	00:44:25
	Property A, but not a budding A.	00:44:27
	Public Rd.	00:44:29
	To be approved as.	00:44:30
	Proposal.	00:44:32
	Basically go through the same thing. I want to read the whole thing.	00:44:45
	OK.	00:44:48
	You don't have to read this all.	00:44:51
	Again, I mean we.	00:44:52
	I think we we covered them in high water. You just do a separate vote. Let's do a separate vote for it. Separate vote.	00:44:53
	Then I would be looking for a motion to.	00:45:01
	Approve or deny A variance request for the.	00:45:04
	Variance for the height.	00:45:08
	Ordinary high water marker.	00:45:10
	Also move.	00:45:15
	Made in 2nd and.	00:45:18
	Any discussion?	00:45:23
	Hearing none, I'll call the John.	00:45:26
	No.	00:45:29
	Russell.	00:45:32
	Yes.	00:45:33
	Rodney.	00:45:36
	Brad yes.	00:45:39
	Myself, I vote yes.	00:45:41
	And a basis above findings of facts and conclusions.	00:45:44
	The area variances.	00:45:47
	Water set back here.	00:45:51
	Variance is requested by.	00:45:52
	4 to 1 vote.	00:45:54
	So it passes.	00:45:56
	I mean another.	00:46:05
	Hearing yeah, but no another.	00:46:08
	What was the third thing?	00:46:10
	Mark no, we did. We did the first two as non abutting together and then and then we did the.	00:46:11
	No.	00:46:20
	Thank you very much.	00:46:25
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:46:58
	On Thursday, January 16, 2025 at 7:00 PM or shortly thereafter on the first floor of the.	00:47:03
	The county administration building, Juneau, WI.	00:47:09
	And the appeal of.	00:47:12
	Brenda Carlton.	00:47:14
	For a variance to the terms of, set back.	00:47:15
	Dodge County land use code.	00:47:19
	To allow the construction of a home.	00:47:21
	Has proposed the project will not meet that ordinance. Highways set back.	00:47:24
	Site located at Lot 1, Arrowhead Beach.	00:47:28
	Being part of the Southeast quarter of the Northeast quarter, Section 31.	00:47:32
	Town of Hubbard.	00:47:38
	Dodge County, the site address being.	00:47:39
	In five 185 Sinnissippi Point Rd.	00:47:42
	A copy of the proposed petition is available for review.	00:47:46
	In the county Land Resources and Parks Department between the hours of 8:00 AM and 4:30 PM.	00:47:50
	Monday through Friday.	00:47:55
	All persons interested invited to attend be heard.	00:47:57
	Written comments may be submitted to the Dodge County Land Resource and Parks Department.	00:48:00
	And 127 E Oak St. Juneau, WI.	00:48:05
	Or by e-mail no later than January 15th, 2025.	00:48:08
	Dated December 10th, 2024.	00:48:12
	Dodge County Board of Adjustment by William, Chairman Chairman.	00:48:15
	To read the staff report please.	00:48:19
	Yes Sir. County jurisdiction County has jurisdiction over This site is a town of Hubbard has adopted the highway set back	00:48:20
	provisions of the county's land use code.	00:48:25
	Dodge County has a jurisdiction.	00:48:29
	Has jurisdiction on this property.	00:48:32
	Through the county shoreland ordinance.	00:48:34
	Subsection.	00:48:37
	2.3 point 12.8 through 2.3 point 12 point G of the Dodge County.	00:48:38
	Land use, code details, Procedural matters.	00:48:44
	And the approval criteria for the variance process. The board shall hold a public hearing.	00:48:48
	On each variance application following the Public Hearing act to approve.	00:48:53
	Approved with conditions or deny the variance based upon the approval criteria.	00:48:58
	Of section 2.3, point 12, point E.	00:49:03
	The appellants request on December 5th.	00:49:07
	Of 2024, an application for a variance request was submitted by the appellant.	00:49:11
	With the request to construct a replacement residence.	00:49:16
	That's proposed the project.	00:49:20
	Will be located 1 feet from the right of way of Mississippi Point Road or 41 feet.	00:49:21
	Within the required setbacks.	00:49:26
	And 37.5 feet from the center line of Si.	00:49:29
	Point road or 37.5 feet within the required set back.	00:49:33
	Thus prohibited by the code.	00:49:37
	The request is a variance to subsection 10 point.	00:49:39
	5.1.	00:49:42
	.1 and table.	00:49:43
	5.1 point.	00:49:45
	One dash one of the Dodge County land use code.	00:49:47
	The features.	00:49:51
	A county has jurisdiction over the site is town of Hubbard has.	00:49:53
	Adopted the highway set back provisions of the county land use code. Dodge County also jurisdiction over the property.	00:49:57
	Through the county shoreland ordinance, the proper.	00:50:03
	Presently being used for residential use.	00:50:06
	The physical features of this .41.	00:50:09
	Acre lot includes sloping topography with slopes.	00:50:12
	Ranging from 22.	00:50:15
	20 to 22%.	00:50:17
	The parcel contains the residents.	00:50:19
	And associated accessory structures. The property lies on the shore of the Lake Sinnissippi.	00:50:21
	The general character of the surrounding.	00:50:27
	Land use consists of residences.	00:50:29
	A permit for a replacement home was.	00:50:33
	Applied for.	00:50:36
	December 5th, 2020.	00:50:38
	For the proposed home meets the ordinary high watermark.	00:50:40
	Set back from lakes in Mississippi, as well as the impervious surface standards.	00:50:44
	Of the county's shoreland protection ordinance.	00:50:48
	The applicant will be required to have him.	00:50:51
	Have mitigation practice designed.	00:50:54
	And installed as a condition of any land use permit that may be issued.	00:50:56
	The permit was denied by the county.	00:51:01
	Land Use Administrator for the following reasons.	00:51:03
	Subsection 5.1 point 1 and 5.1 dash one of the land use code.	00:51:06
	Refer to the required set back for public roads, streets and highways under Dodge County Land Use Code. The required set back.	00:51:11
	Is 75 feet from the centerline or.	00:51:18
	42 feet from the right of way.	00:51:20
	Whichever distance is greater.	00:51:23
	As proposed, the home would.	00:51:25
	Relocated 37 1/2 feet from the center line of Sin City Point Road or 37 1/2 feet from within the required set back.	00:51:27
	And one feet.	00:51:35
	One foot from the.	00:51:37
	Road right away of Sinnissippi Point Road or 41 feet.	00:51:39
	Within the required set back, which is not in compliance with the code.	00:51:43
	Provisions and therefore prohibited by the Code. Appellant is requesting a.	00:51:47
	Area variance from.	00:51:51
	Section 5.1, point 1 and Table 5, point dash 1.	00:51:53
	Of the code, no response from the Township.	00:51:58
	Purpose statement The highway set back provisions.	00:52:03
	Of the county land use code promote a variety of public purposes such as providing light and air and Fire Protection, Traffic	00:52:06
	Safety.	00:52:10
	Prevention of overcrowding. Solving drainage problems.	00:52:14
	And protecting the appearance and character of the neighborhood.	00:52:18
	And for conserving property values, the highway set back provisions.	00:52:21
	Also provide for a uniform set back for all structures.	00:52:25
	Along all roads within the county in order.	00:52:29
	To provide safe visibility while entering or exiting a site.	00:52:32
	And to leave taxpayers of Dodge County from purchasing.	00:52:36
	Non conforming structures located in the highway set back lines.	00:52:40
	When those structures need to be removed.	00:52:45
	For Hwy. improvement or relocation projects.	00:52:47
	Staff believes the.	00:52:51
	The appellant is requesting an.	00:52:53
	A variance to 5.1 section 5.1.	00:52:54
	.1 and.	00:52:59
	Table 5.1 dash one of the code.	00:53:00
	Staff points out the board does not have summary.	00:53:03
	Power to ignore ordinance provisions or objections.	00:53:06
	The burden also falls on the opponent to convincingly demonstrate this board to.	00:53:11
	That a literal enforcement of the land use code regulations would result in an unnecessary hardship.	00:53:15
	That the hardship is due to special conditions unique to the property if granted.	00:53:21
	And if the variance would not be contrary to the public interest.	00:53:26
	The board.	00:53:31
	Should determine if the highway set back provisions.	00:53:32
	Of the court.	00:53:35
	Are unnecessarily burdensome in this case.	00:53:36
	The board should also consider the cost of the town to the town.	00:53:39
	And the public of having to purchase.	00:53:43
	The structure in the future if this structure would need to be removed.	00:53:45
	For Hwy. improvement or relocation projects, if the board can make the findings that are necessary in order to grant a variance.	00:53:49
	In this case, the staff recommends the following conditions.	00:53:56
	Of approval.	00:54:00
	In order to save the taxpayers of the cost of having to purchase.	00:54:01
	This non conforming structure if the.	00:54:05
	Future If in the future this structure needs to be removed.	00:54:08
	For Hwy. improvements or relocation projects of variance.	00:54:12
	Agreement.	00:54:15
	Shall be required.	00:54:16
	Recorded with the Register of Deeds.	00:54:18
	In the amount of the value of the home prior to the issues of the variance.	00:54:20
	So the appellant, please step forward to the.	00:54:28
	You state your.	00:54:47
	Director please.	00:54:48
	Roger and Brenda Carlton.	00:54:50
	9282 N Regent Rd. in Bayside.	00:54:55
	And this property address is N5185.	00:55:00
	Mississippi Point Rd.	00:55:04
	Is there any information regarding your request that you would like to add to the record at this time?	00:55:08
	Due to the depth of the lot if we.	00:55:15
	Maintain the 75 feet from the water.	00:55:17
	And the 42 feet from the road.	00:55:21
	We would only have about 10 feet to build a.	00:55:23
	The cottage that's currently on the property is.	00:55:28
	Not a year round structure and we would like to.	00:55:31
	Have a year round structure so.	00:55:34
	We would like the variance so that we could build.	00:55:36
	Residents.	00:55:40
	Thank you.	00:55:45
	Is there anyone in attendance that would like to speak in favor of this variance request?	00:55:46
	Yeah. Would you state your name for the record, please? Daniel Ginter Berg.	00:55:51
	The town chair.	00:55:56
	For the town of Hubbard.	00:55:57
	I am speaking in favor of the.	00:56:01
	Proposed project.	00:56:08
	And.	00:56:10
	One of the reasons is is it's.	00:56:12
	I don't believe that.	00:56:15
	The closest to the road.	00:56:18
	Will make a difference because.	00:56:20
	At that end of the.	00:56:23
	At that point out there.	00:56:24
	There isn't. That isn't much more than just a glorified driveway that goes through there.	00:56:26
	And I think there's.	00:56:33
	Two homes, or is there three homes beyond that?	00:56:35
	And then there's.	00:56:39
	Open area out on the point out.	00:56:40
	So.	00:56:42
	I don't believe that.	00:56:45
	If it's infringing on the setback that it would have a.	00:56:47
	Very much of an impact.	00:56:51
	In the near future.	00:56:56
	Thank you anyone else in the audience that would like to speak in favor of this request.	00:57:00
	David Matthews.	00:57:06
	We are speaking in favor.	00:57:13
	Thank you.	00:57:18
	Anyone else in the audience that would like to speak in favor of this request?	00:57:20
	Is there anyone else in the audience that was?	00:57:25
	Like to speak in favor.	00:57:27
	With this variance request before the board.	00:57:29
	Is there anyone in the audience that would like to speak?	00:57:33
	Against in opposition to this variance request.	00:57:37
	Is there anyone in the audience that would like to speak in?	00:57:43
	Opposition to this?	00:57:46
	Variance requests before the board.	00:57:47
	Is there anyone in the audience that would like to speak in?	00:57:52
	In opposition to the.	00:57:56
	Request before the board.	00:57:58
	Any other written?	00:58:02
	I have none.	00:58:03
	The board have any questions of the?	00:58:08
	Yeah, not of the appellant. I just have a question for Andy. I thought we were out there that you mentioned that there was also a.	00:58:11
	A right away or something going down to the lake.	00:58:18
	The right away actually does.	00:58:22
	Then it turns and comes down to that.	00:58:28
	But that is.	00:58:30
	Their their construction is not going to be bothered by that right away or do they have to be for?	00:58:32
	Requesting to be closer.	00:58:42
	OK. Sounds good. I, I misunderstood what you said there then. So thank you.	00:58:44
	Yeah, and I.	00:58:48
	May I speak?	00:58:50
	I do realize there is a.	00:58:52
	I believe that's either 50 or 75 feet wide at lake accesses.	00:58:54
	Any other questions from the committee?	00:59:04
	With the appellant like to make a final statement for the record before I close the hearing.	00:59:09
	I just wanted to point out that neighboring properties have similar structures that are.	00:59:15
	As the same distance from that.	00:59:20
	From the road.	00:59:24
	So it wouldn't be out of the norm.	00:59:25
	I declare the public hearing portion closed.	00:59:31
	And we'll go to.	00:59:34
	Conclusions of the law away ones.	00:59:36
	Based on the facts presented in the application at the public hearing, the Board concludes that.	00:59:41
	The appellant's request to Section 5, point 1.1.	00:59:46
	And table 5.1, dash 1.	00:59:49
	Refer to the set back for public roads.	00:59:51
	Yes.	00:59:54
	Is there a physical limitation as uniquely as property prevents the appellant from complying with the highway set back?	00:59:59
	Provisions of the code.	01:00:05
	Yes, yes.	01:00:07
	Not enough lot.	01:00:08
	Are the highways set back provisions of the code unnecessarily burdensome in this case, thereby creating a hardship?	01:00:18
	Yes, yes.	01:00:24
	Does the appellant have other options available to complete these projects in compliance with the code?	01:00:27
	But hardship exists and the variances denied can't build.	01:00:33
	Very, very narrow house.	01:00:37
	Short car.	01:00:40
	Melissa Tone Hubbard can tax tiny homes.	01:00:42
	Are the projects harmful anyway to the public's interest?	01:00:47
	Fits in with the.	01:00:51
	Other houses just as close.	01:00:54
	Does the board have sufficient information to make a decision in this request? Yes.	01:01:07
	Does the Board believe that the appellant's variance request a highway set back provisions of the Code meet the criteria that is	01:01:13
	necessary?	01:01:16
	In order to grant the area variance request.	01:01:19
	If the board can make these findings necessary in order to grant the variance request in this case.	01:01:24
	Are there going to be any conditions of approval necessary in this case to mitigate?	01:01:28
	Any potential adverse impacts that result in the proposed development?	01:01:31
	In this case, I think we should put that.	01:01:38
	Very infrequent, very infrequent agreement should be recorded. Don't think they'll ever do it, but that's but that that says the	01:01:41
	value of the shed and it should say value of the house, right?	01:01:46
	OK, then I'm looking for a motion to approve or deny the variance.	01:02:07
	To the highway set back requirements as a.	01:02:11
	Quote based on previous mention.	01:02:13
	I so move.	01:02:20
	2nd to approve.	01:02:22
	Motion is made and seconded to approve.	01:02:26
	The request.	01:02:29
	And I will oh any discussion.	01:02:35
	That's with the variance.	01:02:39
	Condition. Yeah. What the condition?	01:02:42
	Hey, then I'll call the roll John.	01:02:47
	Russell yes.	01:02:49
	Rodney.	01:02:51
	Brad yes.	01:02:53
	Myself, yes.	01:02:55
	Pieces of the above findings of fact. Conclusions of the law and record in this matter.	01:02:58
	The board approved the.	01:03:02
	Variance with the.	01:03:05
	Condition listed earlier.	01:03:08
	Register of Deeds.	01:03:14
	The land use administrators it directed.	01:03:16
	Issue a land use permit incorporated decision of the Board.	01:03:19
	Thank you.	01:03:33
	We have 3.	01:03:54
	Next month.	01:03:55
	I mean you have.	01:03:59
	What was that?	01:04:08
	Next meeting is.	01:04:21
	Yeah, second Thursday.	01:04:34
	Do you know where they are at?	01:04:35
	What's that?	01:04:38
	Next months where they are.	01:04:38
	I think a lot of them are up.	01:04:40
	I think at least who are in Fox Lake.	01:04:42
	I guess there's a motion in order to adjourn.	01:04:48
	All in favor say aye.	01:04:52
	Aye, meeting is adjourned.	01:04:53
	Thank you everybody.	01:04:55