Meeting: Board of Adjustment Meeting

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Event transcript
	Roll call. Rodney, Justin.	00:00:00
	Russell cut key here. Mark Ossemer here. John Shannon key here.	00:00:03
	Dear Mary Bishop absent and Brad Kufu alternates are absent.	00:00:08
	Does any non committee county board members in attendance?	00:00:13
	It's not.	00:00:18
	Review and approve the minutes of the.	00:00:30
	Last week's meeting.	00:00:32
	I'll make a motion to approve the minutes with the correction that and.	00:00:37
	Paragraph 4 it should say.	00:00:42
	Andy O'Brien and Bryce Johnson were in attendance instead of WAS.	00:00:44
	Just the tense of the verb is wrong.	00:00:48
	I'll second.	00:00:51
	Any discussion?	00:00:54
	You're not all in favor. Say aye.	00:00:56
	Aye, aye, Opposed motion is carried.	00:00:58
	Andy, would you please read the hearing procedures?	00:01:01
	We are.	00:01:04
	Meeting today to hear the request.	00:01:05
	For modifications to the Dodge County land use code, we have.	00:01:07
	A series of three public hearings tonight.	00:01:11
	And the procedure for these hearings will be as follows.	00:01:13
	Chairman of the Board of Adjustment will read the public hearing notice, after which.	00:01:17
	A staff member of the Dodge County Land Resources and Parks Department will read.	00:01:22
	A report that has been prepared by a county staff.	00:01:26
	Regarding the request for the board, following the staff report, the appellant and or their agent will be asked to come before the	00:01:29
	board.	00:01:33
	The appellant will be asked to state their name.	00:01:37
	For the record, and they may present their case to the Board.	00:01:40
	Or add any additional information to the record.	00:01:45
	Those in attendance will wishing to speak in favor or opposition can come before the board and speak.	00:01:48
	If you wish to speak, you will be asked to step up to the microphone so located in the center of the room and state your name and	00:01:54
	address for the record.	00:01:58
	And state your position regarding.	00:02:03
	The request before the Board. Please address your comments and questions to the Board.	00:02:05
	And not to the appellant.	00:02:10
	You will only be allowed to speak once, so please be prepared to present.	00:02:12
	All of your concerns and questions.	00:02:16
	To the board when you speak.	00:02:18
	After those in attendance have spoken, written.	00:02:20
	Correspondence that has been received by the Board, which has been collected by the Board.	00:02:23
	During an on site visits will then be read into the record.	00:02:29
	The board will have an opportunity to ask the appellant any questions.	00:02:33
	Following the board's questions, the appellant will be allowed to give a final statement for the record.	00:02:38
	After receiving all the testimony, the board will then deliberate and make a decision to grant.	00:02:42
	Grant in part or deny the variance request.	00:02:49
	And have approved they may place conditions.	00:02:52
	On the approval if they feel it necessary to address.	00:02:54
	Or mitigate any potential adverse impacts proposal may have on the adjacent properties.	00:02:58
	Or the community.	00:03:04
	If the variance is approved, the staff will be directed to issues and land use permit.	00:03:05
	Incorporating those conditions approved by the board, any persons or persons agreed by any decision of the board may present.	00:03:10
	To a court of record.	00:03:19
	A petition duly verified setting forth that such decision is illegal.	00:03:21
	And specifying the grounds of the illegality.	00:03:27
	Such a position shall be presented to the Circuit Court.	00:03:30
	In this county within 30 days after the filing of this decision.	00:03:33
	In the office of the Board of Adjustment, the county assumes no liability and makes no warranty.	00:03:38
	As the reliance on any decision.	00:03:43
	If construction is commenced prior to the expiration of this 30 day period.	00:03:47
	If during the meeting, procedural questions or other points of order arise.	00:03:52
	The final decision of this board may be postponed.	00:03:57
	Until more information is gathered, considered and properly acted upon.	00:04:00
	Thank you, Andy.	00:04:08
	Notices hereby given that a public hearing will be held by the County Board of Adjustment.	00:04:10
	On Thursday, February 20th, 2025 at 7:00 PM or shortly thereafter.	00:04:14
	On the first floor of the meeting.	00:04:20
	Homes of the Dodge County Administration Building, Juno, Wisconsin.	00:04:22
	On the appeal of Christopher Schultz.	00:04:26
	For a variance to the terms of set back of the Dodge County Shoreland Ordinance.	00:04:28
	Through low construction of an accessory structure.	00:04:32
	Has proposed the project will not meet the ordinances impervious surface regulations.	00:04:35
	Site is located in part of the southeast quarter of the northeast quarter.	00:04:41
	Section 15, Town of Fox Lake, the site address being.	00:04:45
	W 10523.	00:04:49
	Black Hawk Trail.	00:04:51
	A copy of the proposed petitions available for reviewing the county Land Resources and Parks Department.	00:04:54
	Between the hours of 8:00 AM at 4:30 Monday through Friday.	00:04:59
	All persons interests are invited to attend and be heard.	00:05:03
	Written comments may be submitted to the Dodge County Land, Resort and Parks Department.	00:05:06
	At 127 E Oak St. Junior, Wisconsin or by e-mail no later than February 19th.	00:05:10
	2025 dated December 20th, 2024.	00:05:16
	Dodge County Board of Adjustment by William Nass, Chairman.	00:05:19
	Sure, Mr. Schultz says. Withdrawn his.	00:05:23
	Variance application so.	00:05:27
	We'll move on to.	00:05:29
	#2 #2.	00:05:32
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:05:38
	And Thursday, February 20th, 2025 at 7:00 PM or shortly thereafter.	00:05:42
	And the first floor of the Dodge County Administration Building, Dunham, Wisconsin.	00:05:47
	The appeal of Greg and Jean Barnett.	00:05:51
	For a variance to the terms of set back of the Dodge County Charlotte ordinance to allow a.	00:05:54
	Instructed that to remain.	00:06:00
	Has built the project does not meet the required ordinary high watermark set Bay.	00:06:02
	The property location.	00:06:07
	Being part of the southwest quarter of the southeast border.	00:06:11
	Section 19, Town of Westford.	00:06:14
	The site address being W9497.	00:06:17
	Stone Ledge Rd.	00:06:21
	A copy of the proposed petition is available for reviewing the land.	00:06:23
	County Land and Resources Parks Department.	00:06:26
	Between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:06:29
	All persons interests are invited to attend and be heard.	00:06:32
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:06:35
	At 127 E Oak Street Journal, Wisconsin.	00:06:40
	Or by e-mail no later than February 19, 2025.	00:06:43
	Dated December 20th, 24.	00:06:47
	Dutch County Board of Adjusted by William Nice, chairman.	00:06:49
	Staff report.	00:06:55
	Yes, the county has jurisdiction over this site as the Town of Westford falls under the County Shoreland Protection Ordinance.	00:06:56
	Review criteria subsection 14.7 parent one through 14.7 parent six of the dodge.	00:07:06
	Short Dodge County shoreline protection ordinance lists procedural matters.	00:07:14
	And the approval criteria for the process. The board shall hold a public hearing on each variance application.	00:07:18
	Following the Public Hearing Act to approve, approve with conditions or deny the variance.	00:07:24
	Based upon the approval criterias.	00:07:28
	Of section 14.7 parents, 6 Appellants request.	00:07:31
	On December 17th, 2024 and after the fact.	00:07:35
	Application for a variance was request was submitted by the appellant with a request for a variance to the terms of the ordinary	00:07:39
	high watermark.	00:07:43
	Set back provisions of the Dodge County Shoreland Protection Ordinance to allow a 33.	00:07:48
	By 12 foot deck to remain that does not comply.	00:07:54
	With the required 75 foot set back, the deck is located 54 feet from the ordinary high watermark of Beaver Dam Lake, or 21 feet	00:07:58
	within the required setback and thus prohibited by the Code.	00:08:04
	Features The county has a shoreland district.	00:08:11
	Jurisdiction over this site as a site is located within 1000 feet of the ordinary high Watermark Van Naval Body of Water, Beaver	00:08:13
	Dam Lake.	00:08:18
	The county.	00:08:22
	Also has floodplain jurisdiction.	00:08:24
	Over this site.	00:08:25
	As portions of the entire of the site are designated.	00:08:27
	As floodplain on maps listed in Section 1.5. Parent to a of the Dodge County floodplain or or zoning ordinance.	00:08:32
	Portion of the site.	00:08:41
	Are also located within the flood storage area.	00:08:42
	Property.	00:08:47
	The property is presently being used for residential use. The property is located in the Shoreland Zoning District as it abuts	00:08:48
	Beaver Dam Lake on the South side of the property.	00:08:53
	The physical features of this point 315 acre lot includes.	00:08:58
	Fairly flat topography with slopes ranging from zero to 6%. The process contains the residents and associated accessory	00:09:03
	structures.	00:09:07
	The current impervious surface structure surface on the property is 2404 square feet.	00:09:12
	Or 17.52%.	00:09:19
	Since the deck has already.	00:09:21
	Been constructed, the impervious surface calculations will not be impacted. This property is considered a highly developed.	00:09:24
	Shoreline under section.	00:09:32
	9.4 of the Dodge County showing protection ordinance and is permitted up to 30%.	00:09:34
	Impervious surfaces.	00:09:40
	Without mitigation.	00:09:42
	The general character of the surrounding land use.	00:09:43
	Consists of single family residences to the east and West.	00:09:46
	An agricultural field is located to the north of Stone Ledge Rd.	00:09:49
	Permanent History on September 16th, 2024.	00:09:54
	And after the fact, the application for accounting land use permit.	00:09:58
	Was made by the appellant in order to resolve a land use code violation.	00:10:01
	For the construction of a deck on the South side of the residence.	00:10:06
	Without a permit.	00:10:09
	On this site.	00:10:10
	An on site inspection was conducted on September 18th.	00:10:12
	2024 following.	00:10:15
	Further review and additional correspondence between staff and.	00:10:17
	And the contract?	00:10:21
	After the fact.	00:10:24
	Land use permit was denied on November 20th, 2024. A variance application was submitted.	00:10:26
	To this department on December 17th, 2024.	00:10:33
	Applicable ordinance provisions, in this case Section 6.1.	00:10:38
	Shoreland setbacks within the Dodge County Shoreland ordinance.	00:10:43
	Unless exempt.	00:10:48
	A set back of 75 feet from the ordinary Hill watermark.	00:10:50
	Of an inevitable waters.	00:10:53
	To the nearest part of.	00:10:55
	Building or structure shall be required for all buildings and structures.	00:10:57
	Section 6.2. Reduced principal.	00:11:02
	Structure set back within Dodge County strolling ordinance.	00:11:06
	This provision allows for a reduced set back within 75 feet.	00:11:09
	Requirement based on the average of the two adjacent properties principal structures.	00:11:14
	A further clarification of a qualifying principal structure.	00:11:21
	Can be found under 6.2 parent. One parent see in which both structures must be located less than 75 feet.	00:11:24
	From the ordinary hot watermark.	00:11:31
	This permit was denied by the County Land Use Administrator for the following reasons.	00:11:34
	As constructed, a 33 by 12 foot deck is located 50 feet from 54 feet from the ordinary high watermark or 21 feet within the	00:11:39
	required set back and therefore prohibited by the Code.	00:11:44
	Section 6.1 of the Dodge County Charlotte ordinance.	00:11:50
	Section 6.2 of the Dodge County Shoreland Ordinance is not applicable in this matter as both the adjacent structures are not less	00:11:55
	than 75 feet from the ordinary high watermark as required under 6 and.	00:12:00
	Subsection 6.2 Parent one parent C.	00:12:06
	The appellant is requesting an area of marriage to section.	00:12:09
	6.1 of the Dodge County.	00:12:12
	Shoreland Ordinance.	00:12:14
	Purpose statement. Purpose of the water set back provisions.	00:12:19
	Of the corridor to require a uniform set back from the.	00:12:22
	Water to preserve public interest in the shorelands and navigable waters of the state.	00:12:26
	And every other property owner that has frontage on the body of water.	00:12:31
	Is required to comply with this uniform water set back requirement.	00:12:35
	In this case, the proposed deck is located 54 feet.	00:12:39
	From the ordinary high watermark of 21 feet within the set back, therefore have prohibited.	00:12:43
	Staff points out that the Board of Adjustment.	00:12:50
	Does not have summary powers to ignore the ordinance.	00:12:52
	Provisions or objectives? The burden also falls on the appellant to convincingly demonstrate.	00:12:55
	To the board that a literal enforcement of both land use code and so on protection ordinance.	00:13:00
	Regulations would result in unnecessary hardship.	00:13:05
	And that the hardship is due to the special conditions unique.	00:13:09
	To the property and if granted.	00:13:12
	The variance would not.	00:13:14
	Be contrary to public interest.	00:13:16
	It is the staff position that the board.	00:13:18
	Will not will be unable to make.	00:13:21
	The findings necessary in order to grant a variance.	00:13:24
	In this case and therefore the variance.	00:13:28
	Request should be denied.	00:13:31
	The board grants.	00:13:33
	If the board grants the request.	00:13:34
	Requested variance for this deck. It should be conditioned that the deck shall be remain.	00:13:36
	An open deck and may not be enclosed.	00:13:40
	The appellant, please come forward.	00:13:48
	State your name for the record please.	00:13:57
	Bill Kennedy.	00:13:59
	That was the contractor.	00:14:00
	Is there any information?	00:14:02
	Regarding your request that you would like to add to the record at this time.	00:14:04
	The e-mail traffic and stuff, I was going back and forth with the Parks and Rec and.	00:14:09
	I did screw up on the interpretation of the rule sets that was there.	00:14:13
	But we did have the satellite photos and we did show them that there was something there prior.	00:14:17
	So at the deck.	00:14:22
	Sorry, just answer.	00:14:24
	Oh, I don't know, there was concrete and wood deck all there before.	00:14:26
	In the satellite photos they sent me actually show that stuff.	00:14:30
	Prior, but they said they couldn't tell 100% what it was made of.	00:14:34
	So that's why they didn't approve prove the deck.	00:14:39
	Because they couldn't prove what it was made of or how it was attached.	00:14:42
	But there was the same, we actually made it smaller than the original footprint of what was there prior to it because it had.	00:14:46
	Basically 5 different levels at concrete Stoops at a concrete patios and some attached deck. It had some lower deck. It was all	00:14:53
	rotten and broken out. The owners of the property are.	00:14:58
	Elderly couple and we wanted to smooth it out and make sure everything was good to go and easier for them to get in and out of	00:15:03
	there and that's why we went with that.	00:15:07
	One layered deck.	00:15:11
	And kept it within that footprint, actually smaller than the footprint that was there.	00:15:14
	So.	00:15:18
	It's within the 75 foot mark, I understand that, but it's actually the same footprint of the concrete and the wood deck that was	00:15:20
	there prior.	00:15:23
	So I said that was my bad on the interpretation.	00:15:27
	Of how it was, I thought if we went bigger or something like that, but we made an improvement of what was currently already at	00:15:31
	that footprint.	00:15:35
	So we took that out and put the wood deck in there. So it was.	00:15:39
	Safe.	00:15:42
	And then made it all at one level.	00:15:44
	OK. Thank you.	00:15:47
	Is there anyone in the audience that would like to speak in favor of this variance request before the board?	00:15:49
	Is there anyone in the audience in attendance that would like to speak in favor of this?	00:15:55
	The Brad, I have to please get up.	00:16:00
	I do have pictures of that other satellite photo if you needed to see it.	00:16:08
	State your name for the record please.	00:16:11
	Brad Barnett.	00:16:16
	And.	00:16:19
	From my understanding.	00:16:19
	The the residence itself is already too close to the lake.	00:16:22
	And like Bill said, they the footprint from the patio that was.	00:16:26
	On the east or the South side of the of the cabin.	00:16:31
	Is actually smaller now than it was before.	00:16:36
	And, you know, there they were just trying to upgrade. They put new siding on, they put up a new garage. They're just trying to.	00:16:41
	Put some equity into it and and.	00:16:48
	Making a nice place.	00:16:51
	And he said we weren't trying to hide the fact that all because we had them out there to do the square footage allotment for the	00:16:53
	garage we built the year after that.	00:16:56
	So it's not like the fact we were trying to hide it because we actually invited them out there to do the garage build.	00:17:00
	So.	00:17:04
	Everyone else in the audience that would like to speak in favor of this.	00:17:07
	Variance request.	00:17:10
	Anyone else in the audience that would like to speak in favor this variance request?	00:17:14
	Anyone in attendance that would like to speak against this variance request?	00:17:20
	Or the board.	00:17:25
	Is there anyone in attendance that would like to speak against the variance request?	00:17:27
	Before the board.	00:17:31
	Yes, three times, just so you understand.	00:17:34
	Ask if is there anyone in attendance that would like to speak against the variance request before the board?	00:17:37
	The board members, do you have any questions of the appellant?	00:17:43
	I mean, it's just, you know, if.	00:17:53
	You should have, you know, checked before.	00:17:55
	No, I do agree. You've admitted that already that you should have.	00:17:57
	You know if you would have.	00:18:00
	Ted, if you would add proof right away, we wouldn't be sitting here. I don't understand. That's that's understandable. So.	00:18:02
	I did send photos as much as I could from the underneath to show the existing footprint of the old deck, the concrete.	00:18:10
	Stuff along that lines. I did send all those photos over to Bryce.	00:18:17
	So.	00:18:20
	Would the appellant like to make a final statement for the record?	00:18:23
	That's it, Sir.	00:18:27
	Thank you.	00:18:28
	And I prepared to close the public testimony portion of the hearing.	00:18:29
	And go into deliberations. Chairman. Chairman, the law.	00:18:33
	We have the sorry, we have the correspondence from the Department of Natural Resource.	00:18:37
	Dale reserve back the strong specialist.	00:18:44
	Wrote a letter.	00:18:47
	And sent some.	00:18:48
	Air photos the the two air photos that are in your packets there.	00:18:50
	One was.	00:18:55
	Label 2011 and the other one labeled 2017.	00:18:57
	Dear Board Members, The Department of Natural Resources has received the notice of the for the February 20th, 22,025 public	00:19:05
	hearing concerning.	00:19:09
	The various requests submitted for the Barnett property the department is writing in response to the County Board adjustments	00:19:13
	Request for an opinion.	00:19:17
	From the department per chapter 5 point 59.692, Parent for parent B Wisconsin Statutes.	00:19:22
	As allowed by law, please have this letter delivered.	00:19:30
	And read before the board. This is an after the fact the variance for the construction of a non conforming.	00:19:34
	Deck No permit was applied for before construction.	00:19:40
	The constructed deck is located within 75 foot shoreland set back.	00:19:44
	From the ordinary high watermark.	00:19:48
	Of Beaver Dam Lake, the Department understands from this information from the information provided.	00:19:50
	That the.	00:19:56
	Applicant has not provided.	00:19:57
	Evidence that there was an existing non conforming accessory structure in place prior.	00:20:00
	To construction.	00:20:05
	It is the responsibility of the property owner to provide evidence that this was the.	00:20:07
	The replacement of an existing non conforming.	00:20:12
	Accessory structure.	00:20:15
	Therefore it's a self created hardship.	00:20:17
	When structure is built without applying for a permit.	00:20:20
	Having structures located within the surround set back area is not unique. Not a unique feature.	00:20:24
	Of the property cumulative impacts of increasing the size of existing non conforming accessory structures near.	00:20:30
	The lake can have a detrimental impact on natural scenic beauty.	00:20:36
	The department does not believe that all three of the variance criteria.	00:20:41
	Will be satisfied as the board reviews these various various requests please keep in mind.	00:20:45
	That the applicant has a burden of proof.	00:20:51
	Providing that their application meets.	00:20:53
	The statutory requirements for the.	00:20:55
	Granting of a variance for each variance request.	00:20:58
	That is, the applicant must prove that they will suffer unnecessary hardships.	00:21:01
	If the provisions of the county's strong zoning ordinance are literally.	00:21:07
	Enforced with glasses.	00:21:12
	With the Wisconsin Supreme Court has made it clear that proof of.	00:21:16
	Unnecessary hardship.	00:21:20
	By itself does not entitle an applicant to a variance.	00:21:22
	It may be possible that the applicant.	00:21:25
	We will provide additional evidence.	00:21:27
	At the hearing.	00:21:31
	Which may change the conclusion listed below.	00:21:32
	All the statutory variance criteria must be satisfied.	00:21:35
	To grant a variance and they are.	00:21:40
	A unique physical limitation.	00:21:42
	No harm to the public interest.	00:21:45
	And an unnecessary hardship.	00:21:48
	It is the responsibility of the Board of Adjustment to assume that all statutory standards.	00:21:50
	Or granting of a variance are met, the standards help ensure protection of the public interests included.	00:21:56
	Including the preservation of water quality and fish wildlife habitat along the lakes and rivers.	00:22:04
	Wisconsin's inevitable waterways are held in trust.	00:22:10
	For all people to enjoy.	00:22:12
	Charlotte set back is important to protect the water quality, natural scenic beauty.	00:22:15
	And the Fish and Wildlife habitat was Wisconsin's waterways.	00:22:19
	Department of the Department appreciates your commitment to Dodge Counties water resources.	00:22:23
	And protection of public interest for future generations. Sincerely.	00:22:29
	Deal resume.	00:22:33
	Shoreline Specialists. Wisconsin Department. Natural Resources.	00:22:34
	And nothing from the town.	00:22:40
	No.	00:22:42
	So now we can go to conclusions of the law, correct?	00:22:46
	Based on the facts presented in the application at the public hearing, the Board concludes that.	00:22:49
	The appellants request the subsection 6.1 and 6.2 of the Dodge County Shoreland Protection Ordinance.	00:22:57
	Our area variances.	00:23:03
	Yes.	00:23:05
	Is there a physical limitation that is unique to this property that prevents the appellant from compiling with the shoreline set	00:23:09
	back provisions of the code?	00:23:13
	Place placement of the current.	00:23:18
	Residents.	00:23:20
	You know, they could put the thing 75 foot away, but then I want me to connect to the house.	00:23:22
	Are the shoreline set back provisions of the code unnecessary?	00:23:28
	Burdensome in this case, thereby creating a hardship.	00:23:32
	Back in the same spot.	00:23:35
	Yeah, if they would have, I mean, I just, I would try to look at these pictures. I mean, I.	00:23:38
	It looks like there's something there, but I wouldn't.	00:23:42
	You know, swear to it either that there.	00:23:45
	You know, but he says there was a building.	00:23:47
	Did Bryce's pictures come in?	00:23:50
	The other ones that are here.	00:23:52
	Just the ones in the the land use permit.	00:23:54
	OK, because they showed some.	00:23:58
	Building was there because when we looked at it.	00:24:01
	You could see, I mean, I didn't, there was some footing there, you know, but it was kind of.	00:24:03
	Snow down, but it was it's showing it here in his.	00:24:08
	It shows that, I mean, to a degree that there's something was there. I mean, that's the biggest. That's really the crux of the	00:24:12
	whole.	00:24:15
	Matter all right.	00:24:18
	So we're going to call this unnecessarily burdensome.	00:24:23
	The conditions really aren't burdensome, it's the fact that.	00:24:32
	You know.	00:24:35
	It's a replacement. It's they should have once again, and he admitted that he should have.	00:24:36
	He should have called before he started construction. We wouldn't be here so.	00:24:40
	Right.	00:24:47
	Does the appellant have other options available to construct a deck on this lot?	00:24:56
	No, not really.	00:25:00
	What hardship exists? The variance is denied.	00:25:03
	Remove.	00:25:06
	Is this project harmful in any way to the public's interest?	00:25:14
	No, no.	00:25:18
	Does the board have sufficient information to make a decision on this request? Yes. Yes.	00:25:21
	Does the Board believe the appellant's variance request meets the criteria that is necessary in order to grant the variance	00:25:28
	requests?	00:25:31
	I guess I'm looking for a motion to.	00:25:44
	Approve or deny the variance as a shoreline. Set back requirements as opposed.	00:25:46
	I'd move to approve.	00:25:51
	2nd.	00:25:56
	Do you want to put the condition in there that it does not become an include? What?	00:25:58
	What was listed in the report that it does not become an enclosed?	00:26:02
	Yes, yes, with that condition.	00:26:05
	Yep, with the condition of can cannot enclose.	00:26:08
	Any discussion?	00:26:17
	Any discussion?	00:26:20
	Hearing none.	00:26:23
	I will call the roll Rodney.	00:26:25
	Russell yes.	00:26:28
	Mark.	00:26:30
	John yes.	00:26:32
	And myself, I vote yes.	00:26:35
	So the motion is approved to.	00:26:38
	Approved a variance based on.	00:26:42
	Including the condition of not never being.	00:26:44
	Closed.	00:26:47
	And on the basis about findings that affect conclusions of the law.	00:26:49
	Granted, this variance is proposed with the conditions.	00:26:54
	And Glenn you just administered is directed to Israel and used to meet incorporating a decision of the Board.	00:26:58
	Thank you. Thank you. Thank you. Have a good evening.	00:27:16
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:27:43
	Thursday, February 20th, 2025 at 7:30 PM or shortly thereafter.	00:27:48
	On the first floor of the Dodge County Administration Building, Juno, Wisconsin.	00:27:53
	And the appeal of Ryan Elvin for variances.	00:27:57
	In terms of ordinary high watermark set back as Dodge County Shoreland ordinance.	00:28:01
	To allow construction of.	00:28:05
	To accessory structures.	00:28:07
	And in addition to a principal structure structure.	00:28:09
	As proposed, the projects will not meet the ordinary high watermark set back.	00:28:12
	Property Location property is.	00:28:18
	Part of the Southeast Quarter, The Southwest quarter, Section 21.	00:28:20
	Ton of sleep.	00:28:24
	The site address being in 10496 Howard Ave.	00:28:26
	Copy The proposed petition is available for review and the.	00:28:32
	County Land Resource and Parks Department.	00:28:35
	Between the hours of 8:00 AM and 4:30 Monday through Friday.	00:28:37
	All persons interested are invited to attend and be heard.	00:28:42
	Written comments may be.	00:28:46
	Submitted to the Dodge Curry Land resources.	00:28:47
	The Parks Department at 127 E Oak St. Juneau, WI.	00:28:50
	Or by e-mail no later than February 19th.	00:28:53
	2025.	00:28:56
	Dated January 20th, 2025.	00:28:58
	Dodge County Board of Adjustment by William Nass, Chairman.	00:29:01
	You have a staff report please?	00:29:05
	Certainly.	00:29:07
	County South Jurisdiction.	00:29:08
	Coney has jurisdiction over This site is a town of Fox Lake Falls under the county's Land use code.	00:29:10
	And the Shoreline protection ordinance review criteria.	00:29:14
	Subsections 2.3 point 12.8 through 2.3 point 12 point G of the Dodge County land use code.	00:29:18
	In subsections 14.7, point one parent one through.	00:29:26
	14.7 Parents six of the Dodge County Shoreline Protection ordinance.	00:29:30
	Less procedural matters and.	00:29:34
	Approval criteria for the variance process. The board shall hold a public hearing.	00:29:36
	On each variance, the application and following the Public Hearing Act to approve, approve with conditions.	00:29:41
	Or deny the variance based upon approval criterias of section.	00:29:47
	2.3 point 12 point east of the land use code and section 14.7 points parents six of the.	00:29:52
	Solon protection ordinance.	00:30:00
	An application for a variance request was submitted by the applicant.	00:30:03
	With the requests for variances to the terms of the ordinary high watermark set back of the Dodge County Shoreland Ordinance to	00:30:07
	allow construction of three structures.	00:30:12
	Where said structure patio A.	00:30:18
	Is 899 square feet.	00:30:21
	Would be 17 feet from the ordinary high watermark or 58 feet within the required set back.	00:30:23
	Where said structure Patio B.	00:30:30
	260 square feet would be.	00:30:35
	52.7 feet from the ordinary at watermark or 22 feet within.	00:30:38
	The required set back.	00:30:43
	Where said structure deck.	00:30:45
	Would be 47.67 feet from the ordinary high watermark, or 2.58 feet within the required setback. As proposed, all three structures	00:30:48
	are prohibited by the code.	00:30:53
	The county should have jurisdiction over the site is Town of Fox Lake has adopted the county's land use code.	00:31:00
	The property is located within the R1 single family.	00:31:06
	Residential zoning district.	00:31:09
	The property is located in the Shoreland District.	00:31:12
	As a Butts Fox Lake on the east side of the property.	00:31:15
	The physical features of this point 195 acre lot includes sloping topography.	00:31:19
	Ranging from 12 to 30%.	00:31:25
	The parcel contains the residents and associated accessory structures.	00:31:27
	The section of Howard Ave. is the is is a.	00:31:31
	Designated as a private road, although this lot does not a public public Rd. Subsection 10.5 point 3 point D designates.	00:31:34
	This section of Howard Ave. as an exemption planted private road allowing for land use permits to be issued.	00:31:43
	A variance was.	00:31:50
	Previously granted for the this property in 2002 a variance.	00:31:51
	Was to change the roof Gable to face the lake and construct a deck.	00:31:55
	On the Northside of the residence.	00:32:00
	The existing impervious surfaces calculate.	00:32:02
	Calculation for This site is 3000.	00:32:05
	359 square feet or 39.54% the proposed impervious surface.	00:32:09
	Calculations is 3270 square feet or 38.50%.	00:32:15
	The impervious surface calculation is reduced.	00:32:22
	As the builder will be removing existing not.	00:32:25
	Existing impervious surfaces.	00:32:28
	And replacing them with permeable pavers.	00:32:30
	The general character is character of the surrounding land use consists of single family residences along the South and West and.	00:32:34
	North sides of the property, while Fox Lake is located along the east.	00:32:41
	Side of the property.	00:32:44
	On December 10th, 2024, an application for a county land use permit was made.	00:32:46
	By the appellant in order they be allowed to construct 2 patios and a deck.	00:32:52
	On the north and east sides of the residence of the sites.	00:32:56
	An on site inspection was conducted by staff on December 11th.	00:33:01
	2024 a revision was submitted.	00:33:05
	For the provided land use permit application on January 3rd, 2025.	00:33:08
	An additional on site inspection was conducted by staff following.	00:33:14
	This revision on January 8th, 2025.	00:33:19
	After the review is completed, the permit was denied on January 9th, 2025. A complete.	00:33:23
	Application was.	00:33:30
	Received by this department on.	00:33:31
	January 13th, 2025.	00:33:34
	Applicable ordinance provisions in this case.	00:33:38
	Section 6.1 Store and setbacks within the Dodge County Shoreland ordinance.	00:33:43
	Unless exempt, a set back of 75 feet.	00:33:48
	From the ordinary high watermark of any navigable waters to the nearest part of the building.	00:33:51
	Or structure shall be required for all buildings and structures.	00:33:56
	Section 6.2.	00:34:01
	Reduced principal structure set back.	00:34:02
	Within the Dodge County Shoreland Ordinance.	00:34:05
	The provision.	00:34:07
	Allows for a reduced set back within 75 feet of the requirement based on an average of the two adjacent properties.	00:34:09
	Principal structures.	00:34:16
	In this case, an average of 550.25 feet.	00:34:18
	Is applied based on the locations of the principal structures on the adjacent properties.	00:34:22
	A deck is considered to be part of the principal structure.	00:34:27
	And can therefore be.	00:34:30
	Constructed at this reduced set back.	00:34:32
	The permit was denied.	00:34:35
	By the county land use administrator for the following reasons.	00:34:37
	As proposed, the Patio A.	00:34:40
	899 square feet.	00:34:43
	Would be 17 feet from the ordinary high watermark, or 58 feet within the required set back of the 75 foot.	00:34:45
	From the ordinary high watermark as stated in section 6.1.	00:34:52
	Of the Shortland setbacks.	00:34:55
	This proposed patio be 260 square feet.	00:34:57
	Would be 52.7 feet from the ordinary high watermark, or 22 feet.	00:35:00
	From the.	00:35:06
	Within the required set back.	00:35:07
	Of a 75 foot from the ordinary hill water market stated in 6.1.	00:35:09
	Of the strong setbacks.	00:35:13
	As proposed, the.	00:35:15
	Would be 47.67 feet from the ordinary higher watermark or 2.58 feet within the required set back.	00:35:17
	Of 50.25 feet.	00:35:24
	From the ordinary hallmark, as determined as using section.	00:35:27
	6.2 Reduced principal structure setbacks.	00:35:32
	The appellate is requesting an area variance to 6.1.	00:35:36
	And 6.2 of the Dodge County Shoreline Protection Ordinance purpose statement.	00:35:39
	A town recommendation No, no, nothing received from the town.	00:35:46
	The purpose of the water set back provisions of the code are to require uniform.	00:35:50
	Set back provisions from the water to preserve the public interest in shore lands and navigable waters of the state and every	00:35:54
	property owner that has frontage on the body of water is reduced required to comply with its uniform water set back requirement.	00:36:02
	In this case, Patio A would be located 17 feet from the ordinary. How watermark.	00:36:10
	Or 58 feet within the required set back.	00:36:14
	And thus prohibited by the code. Patio B would be 52.7 feet from the ordinary hair watermark or 22 feet 22.3 feet within the	00:36:17
	required set back.	00:36:23
	And thus prohibited by the code.	00:36:28
	Purpose of permitting a reduction in the water set back for a.	00:36:30
	Principal structures to discern the general characteristics.	00:36:35
	Of the surrounding neighborhood is maintained. This approach supports continued development while preserving the public interest.	00:36:38
	In shorelands and navigable waters, as well as protecting the rights of.	00:36:46
	Property owners.	00:36:51
	With the waterfront access.	00:36:52
	As proposed, the deck will be located 47.67 feet from the ordinary high watermark.	00:36:54
	Or 2.58 feet within the required set back of the.	00:37:00
	50.25 foot.	00:37:04
	From the ordinary high watermark and therefore prohibited by the code.	00:37:07
	Staff Advisory Staff points out that the Board does not have summary powers to ignore the ordinance, provisions or objectives. The	00:37:12
	burden falls upon the appellant to convincingly demonstrate the Board that a literal enforcement of both the Land Use Code.	00:37:18
	And a SOREL and protection ordinance regulations.	00:37:25
	Would result in an unnecessary hardship that the hardship would be due to the fact that special conditions.	00:37:30
	Unique to the property and if granted, the variance would not be contract.	00:37:35
	Charity to the public interest.	00:37:40
	It's a staff position that the board will be unable to make the findings necessary to grant a variance in this case.	00:37:41
	And therefore the variance should be denied.	00:37:48
	If the board grants the requested variances for the deck, it should be conditioned that the deck shall remain open.	00:37:51
	And may not be enclosed.	00:37:58
	Thank you, Andy.	00:38:04
	The appellant. Please step forward.	00:38:08
	State your name, please, Brian Elvin.	00:38:19
	Is there any information regarding your request that you would like to add to the record at this time?	00:38:21
	Sure, couple facts.	00:38:26
	Reason for the project is I have two retaining walls that are failing.	00:38:28
	When I bought the property some years ago, we've had continued erosion.	00:38:32
	And so I'm at a point now where I've got to do something where the walls will collapse.	00:38:37
	And so.	00:38:41
	Got two different walls to fix so with that project I wanted to make it right and make it look good.	00:38:42
	The whole lower deck is as it was read. In that deck A is permeable.	00:38:47
	We have a section of that that's existing that is impermeable, so we're increasing that permeable space.	00:38:52
	The grass that's down there now doesn't grow with the high oak trees. I get lots of erosion just in that space.	00:38:57
	That I constantly deal with weeds and and no grass.	00:39:04
	So that was the purpose of making everything permeable on that level.	00:39:07
	And the deck is failing the current deck. That's that that is there.	00:39:12
	The beams are separating. I'm getting warping.	00:39:15
	And having issues with the deck so you know 1 project led to another.	00:39:18
	We did when we had Bryce out on the site visit, we discussed decks being considered impermeable.	00:39:22
	So we made a decision in order to.	00:39:28
	Help compromise the deck that we're looking to add deck seed expansion on the Northside.	00:39:30
	We're going to reduce.	00:39:36
	The 10 foot deck on the east side to 8 feet and help to offset that deck size.	00:39:37
	So that was some of the major factors we considered in the project. We'll also tie all the downspouts in.	00:39:43
	And control that water flow that comes onto the property.	00:39:49
	And make sure we get rid of that the right way.	00:39:52
	OK. Thank you.	00:39:57
	You're welcome. Is there anyone in attendance that would like to speak in favor of this variance request?	00:39:58
	State your name, please, Brian Coleman.	00:40:09
	Yeah, like I said, I'd be the contractor. They'd be running the job or doing the improvable space for the paper systems. We'll be	00:40:12
	running a. If variance is granted, we'd be running a.	00:40:17
	Permutable system that would be.	00:40:23
	The water would obviously penetrate through the whole.	00:40:26
	Patio areas which would be no different than being on the grass areas.	00:40:29
	We'd still be able to control all of our.	00:40:32
	Corrosion control and all that stuff to help with doing the.	00:40:35
	The project.	00:40:38
	Throughout the thing, like I said, the walls.	00:40:39
	Failing so we'd be removing and replacing those with new natural stone.	00:40:41
	And being able to restructure everything so we don't have any problems in the near future.	00:40:45
	Anyone else in the audience that would like to speak in favor of this variance request?	00:40:53
	You want me to come up there?	00:40:59
	Please come up with that.	00:41:02
	State your name for the record please.	00:41:12
	Dean Strike.	00:41:14
	What comment did would you like to me OK.	00:41:19
	I'm the neighbor.	00:41:22
	On the north side of his house.	00:41:23
	And what I've looked at what he's proposing.	00:41:26
	Is and I might speak for myself and my wife.	00:41:30
	That.	00:41:34
	We have no problem.	00:41:36
	With what he wants to do.	00:41:37
	He does have issues.	00:41:41
	As far as failure.	00:41:43
	Both the retaining wall.	00:41:46
	And his deck.	00:41:48
	For me.	00:41:52
	There's no problem with the.	00:41:53
	Extending the deck out in front of his house.	00:41:55
	Review for me.	00:41:58
	I think what he's doing.	00:42:04
	Is going to improve.	00:42:07
	The water.	00:42:10
	That it became a problem that.	00:42:13
	Caused all this.	00:42:14
	I think he's making.	00:42:16
	Strides in the right direction.	00:42:18
	That's all I have to say.	00:42:22
	Thank you. You're welcome.	00:42:24
	There anyone else in attendance that would like to speak in favor of this request?	00:42:25
	Is there anyone else in the audience that would like to speak in favor of this request for the board?	00:42:31
	Is there anyone in the audience that would like to speak against this variance request?	00:42:37
	Is there anyone in the audience that would like to speak against this variance request?	00:42:43
	Is there anyone in attendance that would like to speak against this variance request before the board?	00:42:51
	Board members, do you have any questions? The appellant?	00:42:58
	All I could say it was a pretty steep. It's a steep. It's a steep.	00:43:04
	Dry yard.	00:43:07
	And we were there, looked at it so.	00:43:13
	You have written correspondence. We have written correspondence from the Department of Natural Resources.	00:43:15
	Dear Board Members, The Department of Natural Resources received notice of the February 20th, 25 public hearing concerning the	00:43:22
	variance request.	00:43:25
	Submitted for the Alvin property, The department is writing in response to the County Board's adjustments request for an opinion.	00:43:29
	From the department per Chapter 59.69 to parent for.	00:43:36
	Parent B Wisconsin statutes as allowed by law.	00:43:42
	Please have this letter delivered to and read before the board.	00:43:45
	A variance application request to build expansions of the existing lower level patio.	00:43:50
	An existing deck which will be an expansion of an existing footprint.	00:43:55
	For non conforming accessory structures.	00:43:59
	Within the 75 foot shoreland set back area.	00:44:02
	From the ordinary high watermark.	00:44:06
	The department has reviewed the reasons for the set back.	00:44:08
	Of the variance request in the application provided.	00:44:12
	Compared to the three variance criterias and noted that.	00:44:15
	Having existing structures located within the 75 foot set back is not unique feature of the property. The property has reasonable	00:44:18
	use already.	00:44:23
	Adding more larger structures by expansion.	00:44:27
	Is a personal preference and does not meet the purpose of shoreland zoning.	00:44:31
	Nor a hardship reducing the total impervious surface.	00:44:36
	Is a positive.	00:44:40
	But the expansion of accessory structures within the shoreline setback.	00:44:42
	Area is adverse to those purposes.	00:44:46
	As the board reviews these variance requests, please keep in mind that the applicant.	00:44:49
	Has the burden of proof.	00:44:54
	Burden of proving that their application.	00:44:55
	Meets all the statutory requirements for the granting of a variance.	00:44:58
	For each variance request that is.	00:45:02
	The applicant must prove that they will.	00:45:05
	Suffer unnecessary hardship if the provisions.	00:45:08
	In the county Soreland.	00:45:11
	Zoning ordinance are literally enforced. The Wisconsin Supreme Court has made it clear that the proof of the unnecessary hardship.	00:45:13
	By itself does not entitle an applicant to a variance.	00:45:20
	It may be possible that the applicant.	00:45:23
	Will provide additional evidence at the hearing which may change the conclusion listed below.	00:45:27
	All the statutory various criteria must be satisfied.	00:45:32
	In uh.	00:45:38
	To in order to grant a variance. They are unique physical limitation.	00:45:39
	No harm to public interest.	00:45:45
	And unnecessary hardship.	00:45:47
	It's the responsibility of the board.	00:45:50
	To assure that all the statutory standards for granting A variance are met. The standards help to.	00:45:52
	Ensure protection of the public interest, including the preservation of the water quality.	00:45:59
	And Fish and Wildlife habitat along the lakes and rivers.	00:46:05
	Wisconsin's navigable waterways are held in trust for all the people to enjoy.	00:46:08
	The shoreline set back.	00:46:12
	Is important to protect the water quality.	00:46:14
	Natural scenic beauty and the Fish and Wildlife habitat. Habitat of Wisconsin's waterways.	00:46:17
	The department appreciates your commitment to.	00:46:23
	Dodge County's water resources and protection.	00:46:26
	For the public interest for future generations. Sincerely, Dale. Resume specialist, Wisconsin Department of Natural Resources.	00:46:29
	Hey the board members, do you have any questions in addition?	00:46:39
	With if you don't.	00:46:46
	I mean, are you gonna do?	00:46:48
	Will you just do?	00:46:50
	Project. I mean if the patios would be denied night and the deck would be.	00:46:51
	Granted, Is that a?	00:46:56
	A workable situation under your opinion or why would you?	00:46:59
	No, I mean the the walls are the walls in the deck are failing so I have to address.	00:47:04
	The retaining walls as well as the deck because everything related to that has to be reworked.	00:47:10
	But we're not working on the retaining walls. We're working on the patios that you want to add in addition, correct? No, the	00:47:17
	retaining walls are all redone as well with the patios.	00:47:20
	So where there are walls, we're putting new walls.	00:47:24
	Which will then drive the patios.	00:47:27
	And I'm not getting any.	00:47:29
	I have erosion issues and water drainage issues on those areas. That would be patios now that I can control with these new patios.	00:47:32
	Point point of order. Order gentlemen. The retaining walls would be considered a non conforming structure and would be able to be	00:47:41
	replaced.	00:47:44
	So you could replace them without doing the patios? I guess that was my basic question, correct?	00:47:51
	So at one point we could with, with having equipment down there, we'd be tearing everything up. So we'd still have to be able to	00:47:57
	maintain and control your old and all that stuff for that as well as.	00:48:01
	We're driving on. That would be tearing up the existing patio that is currently there. That's a footprint. I don't know exactly	00:48:06
	that I'll think that is, but that would be removed as well with the construction of the new paper or the new walls. At that point	00:48:10
	we would try and do.	00:48:15
	Help with the impervious space, with being able to go through with putting the new patio in.	00:48:19
	And help with erosion and all that stuff. I'm afraid I'll continue to have erosion issues if I don't build the lower patio with	00:48:24
	impervious because I've got nothing will grow.	00:48:28
	With the trees and the oaks that are in there.	00:48:33
	I've tried, trust me, for years I've tried.	00:48:39
	Any other questions from the board?	00:48:42
	Would your pillow like to make a final statement for the record?	00:48:46
	No, I mean, obviously with everything that we're doing it, you know, it's, it's going to be done the right way. It's a great	00:48:50
	project. We're investing a lot of money in it to make it.	00:48:54
	Done right.	00:48:59
	With water intrusion and control being a primary issue for us and it's been an issue since we started as.	00:49:00
	As one of the board members mentioned, it's a steep hill. There's a lot of graduation there and and we have a lot of water	00:49:06
	problems.	00:49:09
	On that site that.	00:49:13
	I think we control what the project in its entirety.	00:49:15
	Thank you.	00:49:20
	At this time, I'm prepared to close the public testimony portion.	00:49:23
	Of the hearing and go into deliberation the conclusions of the law.	00:49:27
	The appellants request to subsection 6.1 and 6.2.	00:49:31
	Of the Dodge County Shoreline Protection Ordinance, our area variances.	00:49:36
	Yes, yes.	00:49:39
	Is there a physical limitation that is unique to this property? Prevents the appellant from complying with the shoreline set back	00:49:44
	provisions. Provisions of the code.	00:49:48
	Very steep parade.	00:49:54
	Yes, it's very steep. There's there's nothing left to cover it. Mean Rodney and I walked down there and it was, you know, there's	00:49:56
	nothing. It's you got to work in that little area. That's it. That's all there is.	00:50:01
	You're not close to the lake.	00:50:07
	Yeah, half my house is in it.	00:50:10
	Of the shoreline set back provisions of the code unnecessarily burdensome in this case, thereby creating the hardship.	00:50:15
	You're saying yes?	00:50:23
	Yes, he wants to be.	00:50:25
	Does the appellant have other options available to construct a deck and two patios on this lot?	00:50:29
	No, it's all there is.	00:50:36
	What hardship exists of the variance is denied?	00:50:43
	Continue erosion.	00:50:47
	Great erosion.	00:50:49
	The project harmful anyway to the public's interest.	00:50:58
	Does the board have sufficient information to make a decision on this request?	00:51:05
	Yes.	00:51:09
	Does the Board believe the appellants variance request meets the criteria that is necessary to order to grant the variance	00:51:14
	request?	00:51:17
	Yes.	00:51:23
	A few different.	00:51:27
	Hey I'm looking for a motion to either approve or deny the variance.	00:51:32
	To the Shoreland set back requirements as a code based upon a previously mentioned findings and conditions.	00:51:36
	Second rule, yeah.	00:51:49
	Is that with the condition of no enclosure? Yeah, with the conditions.	00:51:52
	Is there a second?	00:51:59
	Sorry.	00:52:01
	Any discussion?	00:52:04
	I'm just concerned that, you know, the proximity to the lake if we're setting ourselves up for.	00:52:08
	Down the road by granting something.	00:52:14
	You know it's.	00:52:17
	It's extremely close to the link. I mean, you know.	00:52:18
	I agree with you that I agree with you to a point, but if we're getting erosion, that isn't good either.	00:52:21
	No, I understand that. But I mean, it's, it's something somebody can come back to us and said you granted this one because there's	00:52:26
	7.	00:52:29
	In the early 7, you know, 17 feet through whatever the actual number is, it's.	00:52:32
	That's what makes me a little uneasy about this one. Because I mean.	00:52:37
	I know you're trying to.	00:52:41
	To make it better but.	00:52:43
	The situation was.	00:52:45
	When you purchased it?	00:52:47
	Was.	00:52:48
	Probably somewhat obvious at that point that you were going to have continuous problems. So that's my only and that's why I'm	00:52:49
	wanting to fix it. I mean, there's an impermeable.	00:52:53
	Patio down there now.	00:52:57
	That's taking up 500 square feet of that lower deck.	00:52:59
	And I'm going to change all of that to permeable to allow for filtration. I my biggest concern is that when.	00:53:02
	Your neighbor or somebody 5 houses down comes back and says they want to build something.	00:53:08
	You know, if we're setting ourselves up that we cannot.	00:53:12
	You know, umm.	00:53:15
	We cannot turn it down because it.	00:53:16
	In some cases that you know, it's it's not for the best. So that's my my concern with this so.	00:53:18
	Thank God we're supposed to take.	00:53:24
	Situation on its own merits and stuff I understand, but that's the way.	00:53:27
	You know you do set yourself up with.	00:53:32
	You know, setting standards that some other people are going to say, you know, we should be allowed to same thing. So that's my	00:53:35
	only.	00:53:39
	Concerned with itself, I understand.	00:53:42
	Yeah, call the motion.	00:53:44
	Anymore discussion?	00:53:47
	If not, I'll call the.	00:53:49
	Roll and Rodney, yes.	00:53:51
	Russell.	00:53:54
	Mark, I'll be upstanding.	00:53:55
	John.	00:54:00
	I'll vote yes with hesitation.	00:54:04
	And myself elbowed yes, so.	00:54:08
	We have.	00:54:11
	Four in favor of branding with a.	00:54:15
	Condition.	00:54:18
	And one abstention.	00:54:20
	So the motion is carried.	00:54:22
	To approve the.	00:54:24
	Variance.	00:54:26
	And the land use administrators directed to issue a land use period incorporating the decision of the Board.	00:54:29
	Thank you, gentlemen.	00:54:36
	Come before the meeting, I think, not tonight.	00:55:12
	We have 3 petitions for next month.	00:55:15
	The one that.	00:55:20
	Cancelled.	00:55:21
	I don't think that's coming back anytime soon.	00:55:23
	Where are the next month? Andy, do you know?	00:55:31
	Well, there's a land division, so I don't know if you even need to make a.	00:55:34
	11 is in.	00:55:39
	Eustisford.	00:55:42
	And prices.	00:55:45
	The other one is probably in the north half of the county somewhere. I don't know exactly where that one is.	00:55:47
	Where's the land? Where's the land splitter? I don't know.	00:55:53
	And Bryce that he'll be in charge next month.	00:56:01
	You will be. Is it February?	00:56:04
	Yeah, he'll be doing the meeting. I'll do the.	00:56:07
	You'll do the on sites, no, no personal through the on sites and I'll do the meeting.	00:56:09
	I have a continuing education class that day.	00:56:14
	Telling him the same thing as you know, we'll meet him in the parking lot. Yep, Yep. That's or.	00:56:18
	If you're going to start and use this for, we'll meet you down there, Sir. Sure, it's on the way.	00:56:23
	As I move, we adjourn.	00:56:30
	2nd.	00:56:31
	All in favor say aye.	00:56:33
	Put that on the spot.	00:56:53
	Spring by next month.	00:57:00
	That's your word. How old you do that?	00:57:02
	We're still meeting in winter though at night.	00:57:05

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Event transcript
	Roll call. Rodney, Justin.	00:00:00
	Russell cut key here. Mark Ossemer here. John Shannon key here.	00:00:03
	Dear Mary Bishop absent and Brad Kufu alternates are absent.	00:00:08
	Does any non committee county board members in attendance?	00:00:13
	It's not.	00:00:18
	Review and approve the minutes of the.	00:00:30
	Last week's meeting.	00:00:32
	I'll make a motion to approve the minutes with the correction that and.	00:00:37
	Paragraph 4 it should say.	00:00:42
	Andy O'Brien and Bryce Johnson were in attendance instead of WAS.	00:00:44
	Just the tense of the verb is wrong.	00:00:48
	I'll second.	00:00:51
	Any discussion?	00:00:54
	You're not all in favor. Say aye.	00:00:56
	Aye, aye, Opposed motion is carried.	00:00:58
	Andy, would you please read the hearing procedures?	00:01:01
	We are.	00:01:04
	Meeting today to hear the request.	00:01:05
	For modifications to the Dodge County land use code, we have.	00:01:07
	A series of three public hearings tonight.	00:01:11
	And the procedure for these hearings will be as follows.	00:01:13
	Chairman of the Board of Adjustment will read the public hearing notice, after which.	00:01:17
	A staff member of the Dodge County Land Resources and Parks Department will read.	00:01:22
	A report that has been prepared by a county staff.	00:01:26
	Regarding the request for the board, following the staff report, the appellant and or their agent will be asked to come before the	00:01:29
	board.	00:01:33
	The appellant will be asked to state their name.	00:01:37
	For the record, and they may present their case to the Board.	00:01:40
	Or add any additional information to the record.	00:01:45
	Those in attendance will wishing to speak in favor or opposition can come before the board and speak.	00:01:48
	If you wish to speak, you will be asked to step up to the microphone so located in the center of the room and state your name and	00:01:54
	address for the record.	00:01:58
	And state your position regarding.	00:02:03
	The request before the Board. Please address your comments and questions to the Board.	00:02:05
	And not to the appellant.	00:02:10
	You will only be allowed to speak once, so please be prepared to present.	00:02:12
	All of your concerns and questions.	00:02:16
	To the board when you speak.	00:02:18
	After those in attendance have spoken, written.	00:02:20
	Correspondence that has been received by the Board, which has been collected by the Board.	00:02:23
	During an on site visits will then be read into the record.	00:02:29
	The board will have an opportunity to ask the appellant any questions.	00:02:33
	Following the board's questions, the appellant will be allowed to give a final statement for the record.	00:02:38
	After receiving all the testimony, the board will then deliberate and make a decision to grant.	00:02:42
	Grant in part or deny the variance request.	00:02:49
	And have approved they may place conditions.	00:02:52
	On the approval if they feel it necessary to address.	00:02:54
	Or mitigate any potential adverse impacts proposal may have on the adjacent properties.	00:02:58
	Or the community.	00:03:04
	If the variance is approved, the staff will be directed to issues and land use permit.	00:03:05
	Incorporating those conditions approved by the board, any persons or persons agreed by any decision of the board may present.	00:03:10
	To a court of record.	00:03:19
	A petition duly verified setting forth that such decision is illegal.	00:03:21
	And specifying the grounds of the illegality.	00:03:27
	Such a position shall be presented to the Circuit Court.	00:03:30
	In this county within 30 days after the filing of this decision.	00:03:33
	In the office of the Board of Adjustment, the county assumes no liability and makes no warranty.	00:03:38
	As the reliance on any decision.	00:03:43
	If construction is commenced prior to the expiration of this 30 day period.	00:03:47
	If during the meeting, procedural questions or other points of order arise.	00:03:52
	The final decision of this board may be postponed.	00:03:57
	Until more information is gathered, considered and properly acted upon.	00:04:00
	Thank you, Andy.	00:04:08
	Notices hereby given that a public hearing will be held by the County Board of Adjustment.	00:04:10
	On Thursday, February 20th, 2025 at 7:00 PM or shortly thereafter.	00:04:14
	On the first floor of the meeting.	00:04:20
	Homes of the Dodge County Administration Building, Juno, Wisconsin.	00:04:22
	On the appeal of Christopher Schultz.	00:04:26
	For a variance to the terms of set back of the Dodge County Shoreland Ordinance.	00:04:28
	Through low construction of an accessory structure.	00:04:32
	Has proposed the project will not meet the ordinances impervious surface regulations.	00:04:35
	Site is located in part of the southeast quarter of the northeast quarter.	00:04:41
	Section 15, Town of Fox Lake, the site address being.	00:04:45
	W 10523.	00:04:49
	Black Hawk Trail.	00:04:51
	A copy of the proposed petitions available for reviewing the county Land Resources and Parks Department.	00:04:54
	Between the hours of 8:00 AM at 4:30 Monday through Friday.	00:04:59
	All persons interests are invited to attend and be heard.	00:05:03
	Written comments may be submitted to the Dodge County Land, Resort and Parks Department.	00:05:06
	At 127 E Oak St. Junior, Wisconsin or by e-mail no later than February 19th.	00:05:10
	2025 dated December 20th, 2024.	00:05:16
	Dodge County Board of Adjustment by William Nass, Chairman.	00:05:19
	Sure, Mr. Schultz says. Withdrawn his.	00:05:23
	Variance application so.	00:05:27
	We'll move on to.	00:05:29
	#2 #2.	00:05:32
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:05:38
	And Thursday, February 20th, 2025 at 7:00 PM or shortly thereafter.	00:05:42
	And the first floor of the Dodge County Administration Building, Dunham, Wisconsin.	00:05:47
	The appeal of Greg and Jean Barnett.	00:05:51
	For a variance to the terms of set back of the Dodge County Charlotte ordinance to allow a.	00:05:54
	Instructed that to remain.	00:06:00
	Has built the project does not meet the required ordinary high watermark set Bay.	00:06:02
	The property location.	00:06:07
	Being part of the southwest quarter of the southeast border.	00:06:11
	Section 19, Town of Westford.	00:06:14
	The site address being W9497.	00:06:17
	Stone Ledge Rd.	00:06:21
	A copy of the proposed petition is available for reviewing the land.	00:06:23
	County Land and Resources Parks Department.	00:06:26
	Between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:06:29
	All persons interests are invited to attend and be heard.	00:06:32
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:06:35
	At 127 E Oak Street Journal, Wisconsin.	00:06:40
	Or by e-mail no later than February 19, 2025.	00:06:43
	Dated December 20th, 24.	00:06:47
	Dutch County Board of Adjusted by William Nice, chairman.	00:06:49
	Staff report.	00:06:55
	Yes, the county has jurisdiction over this site as the Town of Westford falls under the County Shoreland Protection Ordinance.	00:06:56
	Review criteria subsection 14.7 parent one through 14.7 parent six of the dodge.	00:07:06
	Short Dodge County shoreline protection ordinance lists procedural matters.	00:07:14
	And the approval criteria for the process. The board shall hold a public hearing on each variance application.	00:07:18
	Following the Public Hearing Act to approve, approve with conditions or deny the variance.	00:07:24
	Based upon the approval criterias.	00:07:28
	Of section 14.7 parents, 6 Appellants request.	00:07:31
	On December 17th, 2024 and after the fact.	00:07:35
	Application for a variance was request was submitted by the appellant with a request for a variance to the terms of the ordinary	00:07:39
	high watermark.	00:07:43
	Set back provisions of the Dodge County Shoreland Protection Ordinance to allow a 33.	00:07:48
	By 12 foot deck to remain that does not comply.	00:07:54
	With the required 75 foot set back, the deck is located 54 feet from the ordinary high watermark of Beaver Dam Lake, or 21 feet	00:07:58
	within the required setback and thus prohibited by the Code.	00:08:04
	Features The county has a shoreland district.	00:08:11
	Jurisdiction over this site as a site is located within 1000 feet of the ordinary high Watermark Van Naval Body of Water, Beaver	00:08:13
	Dam Lake.	00:08:18
	The county.	00:08:22
	Also has floodplain jurisdiction.	00:08:24
	Over this site.	00:08:25
	As portions of the entire of the site are designated.	00:08:27
	As floodplain on maps listed in Section 1.5. Parent to a of the Dodge County floodplain or or zoning ordinance.	00:08:32
	Portion of the site.	00:08:41
	Are also located within the flood storage area.	00:08:42
	Property.	00:08:47
	The property is presently being used for residential use. The property is located in the Shoreland Zoning District as it abuts	00:08:48
	Beaver Dam Lake on the South side of the property.	00:08:53
	The physical features of this point 315 acre lot includes.	00:08:58
	Fairly flat topography with slopes ranging from zero to 6%. The process contains the residents and associated accessory	00:09:03
	structures.	00:09:07
	The current impervious surface structure surface on the property is 2404 square feet.	00:09:12
	Or 17.52%.	00:09:19
	Since the deck has already.	00:09:21
	Been constructed, the impervious surface calculations will not be impacted. This property is considered a highly developed.	00:09:24
	Shoreline under section.	00:09:32
	9.4 of the Dodge County showing protection ordinance and is permitted up to 30%.	00:09:34
	Impervious surfaces.	00:09:40
	Without mitigation.	00:09:42
	The general character of the surrounding land use.	00:09:43
	Consists of single family residences to the east and West.	00:09:46
	An agricultural field is located to the north of Stone Ledge Rd.	00:09:49
	Permanent History on September 16th, 2024.	00:09:54
	And after the fact, the application for accounting land use permit.	00:09:58
	Was made by the appellant in order to resolve a land use code violation.	00:10:01
	For the construction of a deck on the South side of the residence.	00:10:06
	Without a permit.	00:10:09
	On this site.	00:10:10
	An on site inspection was conducted on September 18th.	00:10:12
	2024 following.	00:10:15
	Further review and additional correspondence between staff and.	00:10:17
	And the contract?	00:10:21
	After the fact.	00:10:24
	Land use permit was denied on November 20th, 2024. A variance application was submitted.	00:10:26
	To this department on December 17th, 2024.	00:10:33
	Applicable ordinance provisions, in this case Section 6.1.	00:10:38
	Shoreland setbacks within the Dodge County Shoreland ordinance.	00:10:43
	Unless exempt.	00:10:48
	A set back of 75 feet from the ordinary Hill watermark.	00:10:50
	Of an inevitable waters.	00:10:53
	To the nearest part of.	00:10:55
	Building or structure shall be required for all buildings and structures.	00:10:57
	Section 6.2. Reduced principal.	00:11:02
	Structure set back within Dodge County strolling ordinance.	00:11:06
	This provision allows for a reduced set back within 75 feet.	00:11:09
	Requirement based on the average of the two adjacent properties principal structures.	00:11:14
	A further clarification of a qualifying principal structure.	00:11:21
	Can be found under 6.2 parent. One parent see in which both structures must be located less than 75 feet.	00:11:24
	From the ordinary hot watermark.	00:11:31
	This permit was denied by the County Land Use Administrator for the following reasons.	00:11:34
	As constructed, a 33 by 12 foot deck is located 50 feet from 54 feet from the ordinary high watermark or 21 feet within the	00:11:39
	required set back and therefore prohibited by the Code.	00:11:44
	Section 6.1 of the Dodge County Charlotte ordinance.	00:11:50
	Section 6.2 of the Dodge County Shoreland Ordinance is not applicable in this matter as both the adjacent structures are not less	00:11:55
	than 75 feet from the ordinary high watermark as required under 6 and.	00:12:00
	Subsection 6.2 Parent one parent C.	00:12:06
	The appellant is requesting an area of marriage to section.	00:12:09
	6.1 of the Dodge County.	00:12:12
	Shoreland Ordinance.	00:12:14
	Purpose statement. Purpose of the water set back provisions.	00:12:19
	Of the corridor to require a uniform set back from the.	00:12:22
	Water to preserve public interest in the shorelands and navigable waters of the state.	00:12:26
	And every other property owner that has frontage on the body of water.	00:12:31
	Is required to comply with this uniform water set back requirement.	00:12:35
	In this case, the proposed deck is located 54 feet.	00:12:39
	From the ordinary high watermark of 21 feet within the set back, therefore have prohibited.	00:12:43
	Staff points out that the Board of Adjustment.	00:12:50
	Does not have summary powers to ignore the ordinance.	00:12:52
	Provisions or objectives? The burden also falls on the appellant to convincingly demonstrate.	00:12:55
	To the board that a literal enforcement of both land use code and so on protection ordinance.	00:13:00
	Regulations would result in unnecessary hardship.	00:13:05
	And that the hardship is due to the special conditions unique.	00:13:09
	To the property and if granted.	00:13:12
	The variance would not.	00:13:14
	Be contrary to public interest.	00:13:16
	It is the staff position that the board.	00:13:18
	Will not will be unable to make.	00:13:21
	The findings necessary in order to grant a variance.	00:13:24
	In this case and therefore the variance.	00:13:28
	Request should be denied.	00:13:31
	The board grants.	00:13:33
	If the board grants the request.	00:13:34
	Requested variance for this deck. It should be conditioned that the deck shall be remain.	00:13:36
	An open deck and may not be enclosed.	00:13:40
	The appellant, please come forward.	00:13:48
	State your name for the record please.	00:13:57
	Bill Kennedy.	00:13:59
	That was the contractor.	00:14:00
	Is there any information?	00:14:02
	Regarding your request that you would like to add to the record at this time.	00:14:04
	The e-mail traffic and stuff, I was going back and forth with the Parks and Rec and.	00:14:09
	I did screw up on the interpretation of the rule sets that was there.	00:14:13
	But we did have the satellite photos and we did show them that there was something there prior.	00:14:17
	So at the deck.	00:14:22
	Sorry, just answer.	00:14:24
	Oh, I don't know, there was concrete and wood deck all there before.	00:14:26
	In the satellite photos they sent me actually show that stuff.	00:14:30
	Prior, but they said they couldn't tell 100% what it was made of.	00:14:34
	So that's why they didn't approve prove the deck.	00:14:39
	Because they couldn't prove what it was made of or how it was attached.	00:14:42
	But there was the same, we actually made it smaller than the original footprint of what was there prior to it because it had.	00:14:46
	Basically 5 different levels at concrete Stoops at a concrete patios and some attached deck. It had some lower deck. It was all	00:14:53
	rotten and broken out. The owners of the property are.	00:14:58
	Elderly couple and we wanted to smooth it out and make sure everything was good to go and easier for them to get in and out of	00:15:03
	there and that's why we went with that.	00:15:07
	One layered deck.	00:15:11
	And kept it within that footprint, actually smaller than the footprint that was there.	00:15:14
	So.	00:15:18
	It's within the 75 foot mark, I understand that, but it's actually the same footprint of the concrete and the wood deck that was	00:15:20
	there prior.	00:15:23
	So I said that was my bad on the interpretation.	00:15:27
	Of how it was, I thought if we went bigger or something like that, but we made an improvement of what was currently already at	00:15:31
	that footprint.	00:15:35
	So we took that out and put the wood deck in there. So it was.	00:15:39
	Safe.	00:15:42
	And then made it all at one level.	00:15:44
	OK. Thank you.	00:15:47
	Is there anyone in the audience that would like to speak in favor of this variance request before the board?	00:15:49
	Is there anyone in the audience in attendance that would like to speak in favor of this?	00:15:55
	The Brad, I have to please get up.	00:16:00
	I do have pictures of that other satellite photo if you needed to see it.	00:16:08
	State your name for the record please.	00:16:11
	Brad Barnett.	00:16:16
	And.	00:16:19
	From my understanding.	00:16:19
	The the residence itself is already too close to the lake.	00:16:22
	And like Bill said, they the footprint from the patio that was.	00:16:26
	On the east or the South side of the of the cabin.	00:16:31
	Is actually smaller now than it was before.	00:16:36
	And, you know, there they were just trying to upgrade. They put new siding on, they put up a new garage. They're just trying to.	00:16:41
	Put some equity into it and and.	00:16:48
	Making a nice place.	00:16:51
	And he said we weren't trying to hide the fact that all because we had them out there to do the square footage allotment for the	00:16:53
	garage we built the year after that.	00:16:56
	So it's not like the fact we were trying to hide it because we actually invited them out there to do the garage build.	00:17:00
	So.	00:17:04
	Everyone else in the audience that would like to speak in favor of this.	00:17:07
	Variance request.	00:17:10
	Anyone else in the audience that would like to speak in favor this variance request?	00:17:14
	Anyone in attendance that would like to speak against this variance request?	00:17:20
	Or the board.	00:17:25
	Is there anyone in attendance that would like to speak against the variance request?	00:17:27
	Before the board.	00:17:31
	Yes, three times, just so you understand.	00:17:34
	Ask if is there anyone in attendance that would like to speak against the variance request before the board?	00:17:37
	The board members, do you have any questions of the appellant?	00:17:43
	I mean, it's just, you know, if.	00:17:53
	You should have, you know, checked before.	00:17:55
	No, I do agree. You've admitted that already that you should have.	00:17:57
	You know if you would have.	00:18:00
	Ted, if you would add proof right away, we wouldn't be sitting here. I don't understand. That's that's understandable. So.	00:18:02
	I did send photos as much as I could from the underneath to show the existing footprint of the old deck, the concrete.	00:18:10
	Stuff along that lines. I did send all those photos over to Bryce.	00:18:17
	So.	00:18:20
	Would the appellant like to make a final statement for the record?	00:18:23
	That's it, Sir.	00:18:27
	Thank you.	00:18:28
	And I prepared to close the public testimony portion of the hearing.	00:18:29
	And go into deliberations. Chairman. Chairman, the law.	00:18:33
	We have the sorry, we have the correspondence from the Department of Natural Resource.	00:18:37
	Dale reserve back the strong specialist.	00:18:44
	Wrote a letter.	00:18:47
	And sent some.	00:18:48
	Air photos the the two air photos that are in your packets there.	00:18:50
	One was.	00:18:55
	Label 2011 and the other one labeled 2017.	00:18:57
	Dear Board Members, The Department of Natural Resources has received the notice of the for the February 20th, 22,025 public	00:19:05
	hearing concerning.	00:19:09
	The various requests submitted for the Barnett property the department is writing in response to the County Board adjustments	00:19:13
	Request for an opinion.	00:19:17
	From the department per chapter 5 point 59.692, Parent for parent B Wisconsin Statutes.	00:19:22
	As allowed by law, please have this letter delivered.	00:19:30
	And read before the board. This is an after the fact the variance for the construction of a non conforming.	00:19:34
	Deck No permit was applied for before construction.	00:19:40
	The constructed deck is located within 75 foot shoreland set back.	00:19:44
	From the ordinary high watermark.	00:19:48
	Of Beaver Dam Lake, the Department understands from this information from the information provided.	00:19:50
	That the.	00:19:56
	Applicant has not provided.	00:19:57
	Evidence that there was an existing non conforming accessory structure in place prior.	00:20:00
	To construction.	00:20:05
	It is the responsibility of the property owner to provide evidence that this was the.	00:20:07
	The replacement of an existing non conforming.	00:20:12
	Accessory structure.	00:20:15
	Therefore it's a self created hardship.	00:20:17
	When structure is built without applying for a permit.	00:20:20
	Having structures located within the surround set back area is not unique. Not a unique feature.	00:20:24
	Of the property cumulative impacts of increasing the size of existing non conforming accessory structures near.	00:20:30
	The lake can have a detrimental impact on natural scenic beauty.	00:20:36
	The department does not believe that all three of the variance criteria.	00:20:41
	Will be satisfied as the board reviews these various various requests please keep in mind.	00:20:45
	That the applicant has a burden of proof.	00:20:51
	Providing that their application meets.	00:20:53
	The statutory requirements for the.	00:20:55
	Granting of a variance for each variance request.	00:20:58
	That is, the applicant must prove that they will suffer unnecessary hardships.	00:21:01
	If the provisions of the county's strong zoning ordinance are literally.	00:21:07
	Enforced with glasses.	00:21:12
	With the Wisconsin Supreme Court has made it clear that proof of.	00:21:16
	Unnecessary hardship.	00:21:20
	By itself does not entitle an applicant to a variance.	00:21:22
	It may be possible that the applicant.	00:21:25
	We will provide additional evidence.	00:21:27
	At the hearing.	00:21:31
	Which may change the conclusion listed below.	00:21:32
	All the statutory variance criteria must be satisfied.	00:21:35
	To grant a variance and they are.	00:21:40
	A unique physical limitation.	00:21:42
	No harm to the public interest.	00:21:45
	And an unnecessary hardship.	00:21:48
	It is the responsibility of the Board of Adjustment to assume that all statutory standards.	00:21:50
	Or granting of a variance are met, the standards help ensure protection of the public interests included.	00:21:56
	Including the preservation of water quality and fish wildlife habitat along the lakes and rivers.	00:22:04
	Wisconsin's inevitable waterways are held in trust.	00:22:10
	For all people to enjoy.	00:22:12
	Charlotte set back is important to protect the water quality, natural scenic beauty.	00:22:15
	And the Fish and Wildlife habitat was Wisconsin's waterways.	00:22:19
	Department of the Department appreciates your commitment to Dodge Counties water resources.	00:22:23
	And protection of public interest for future generations. Sincerely.	00:22:29
	Deal resume.	00:22:33
	Shoreline Specialists. Wisconsin Department. Natural Resources.	00:22:34
	And nothing from the town.	00:22:40
	No.	00:22:42
	So now we can go to conclusions of the law, correct?	00:22:46
	Based on the facts presented in the application at the public hearing, the Board concludes that.	00:22:49
	The appellants request the subsection 6.1 and 6.2 of the Dodge County Shoreland Protection Ordinance.	00:22:57
	Our area variances.	00:23:03
	Yes.	00:23:05
	Is there a physical limitation that is unique to this property that prevents the appellant from compiling with the shoreline set	00:23:09
	back provisions of the code?	00:23:13
	Place placement of the current.	00:23:18
	Residents.	00:23:20
	You know, they could put the thing 75 foot away, but then I want me to connect to the house.	00:23:22
	Are the shoreline set back provisions of the code unnecessary?	00:23:28
	Burdensome in this case, thereby creating a hardship.	00:23:32
	Back in the same spot.	00:23:35
	Yeah, if they would have, I mean, I just, I would try to look at these pictures. I mean, I.	00:23:38
	It looks like there's something there, but I wouldn't.	00:23:42
	You know, swear to it either that there.	00:23:45
	You know, but he says there was a building.	00:23:47
	Did Bryce's pictures come in?	00:23:50
	The other ones that are here.	00:23:52
	Just the ones in the the land use permit.	00:23:54
	OK, because they showed some.	00:23:58
	Building was there because when we looked at it.	00:24:01
	You could see, I mean, I didn't, there was some footing there, you know, but it was kind of.	00:24:03
	Snow down, but it was it's showing it here in his.	00:24:08
	It shows that, I mean, to a degree that there's something was there. I mean, that's the biggest. That's really the crux of the	00:24:12
	whole.	00:24:15
	Matter all right.	00:24:18
	So we're going to call this unnecessarily burdensome.	00:24:23
	The conditions really aren't burdensome, it's the fact that.	00:24:32
	You know.	00:24:35
	It's a replacement. It's they should have once again, and he admitted that he should have.	00:24:36
	He should have called before he started construction. We wouldn't be here so.	00:24:40
	Right.	00:24:47
	Does the appellant have other options available to construct a deck on this lot?	00:24:56
	No, not really.	00:25:00
	What hardship exists? The variance is denied.	00:25:03
	Remove.	00:25:06
	Is this project harmful in any way to the public's interest?	00:25:14
	No, no.	00:25:18
	Does the board have sufficient information to make a decision on this request? Yes. Yes.	00:25:21
	Does the Board believe the appellant's variance request meets the criteria that is necessary in order to grant the variance	00:25:28
	requests?	00:25:31
	I guess I'm looking for a motion to.	00:25:44
	Approve or deny the variance as a shoreline. Set back requirements as opposed.	00:25:46
	I'd move to approve.	00:25:51
	2nd.	00:25:56
	Do you want to put the condition in there that it does not become an include? What?	00:25:58
	What was listed in the report that it does not become an enclosed?	00:26:02
	Yes, yes, with that condition.	00:26:05
	Yep, with the condition of can cannot enclose.	00:26:08
	Any discussion?	00:26:17
	Any discussion?	00:26:20
	Hearing none.	00:26:23
	I will call the roll Rodney.	00:26:25
	Russell yes.	00:26:28
	Mark.	00:26:30
	John yes.	00:26:32
	And myself, I vote yes.	00:26:35
	So the motion is approved to.	00:26:38
	Approved a variance based on.	00:26:42
	Including the condition of not never being.	00:26:44
	Closed.	00:26:47
	And on the basis about findings that affect conclusions of the law.	00:26:49
	Granted, this variance is proposed with the conditions.	00:26:54
	And Glenn you just administered is directed to Israel and used to meet incorporating a decision of the Board.	00:26:58
	Thank you. Thank you. Thank you. Have a good evening.	00:27:16
	Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:27:43
	Thursday, February 20th, 2025 at 7:30 PM or shortly thereafter.	00:27:48
	On the first floor of the Dodge County Administration Building, Juno, Wisconsin.	00:27:53
	And the appeal of Ryan Elvin for variances.	00:27:57
	In terms of ordinary high watermark set back as Dodge County Shoreland ordinance.	00:28:01
	To allow construction of.	00:28:05
	To accessory structures.	00:28:07
	And in addition to a principal structure structure.	00:28:09
	As proposed, the projects will not meet the ordinary high watermark set back.	00:28:12
	Property Location property is.	00:28:18
	Part of the Southeast Quarter, The Southwest quarter, Section 21.	00:28:20
	Ton of sleep.	00:28:24
	The site address being in 10496 Howard Ave.	00:28:26
	Copy The proposed petition is available for review and the.	00:28:32
	County Land Resource and Parks Department.	00:28:35
	Between the hours of 8:00 AM and 4:30 Monday through Friday.	00:28:37
	All persons interested are invited to attend and be heard.	00:28:42
	Written comments may be.	00:28:46
	Submitted to the Dodge Curry Land resources.	00:28:47
	The Parks Department at 127 E Oak St. Juneau, WI.	00:28:50
	Or by e-mail no later than February 19th.	00:28:53
	2025.	00:28:56
	Dated January 20th, 2025.	00:28:58
	Dodge County Board of Adjustment by William Nass, Chairman.	00:29:01
	You have a staff report please?	00:29:05
	Certainly.	00:29:07
	County South Jurisdiction.	00:29:08
	Coney has jurisdiction over This site is a town of Fox Lake Falls under the county's Land use code.	00:29:10
	And the Shoreline protection ordinance review criteria.	00:29:14
	Subsections 2.3 point 12.8 through 2.3 point 12 point G of the Dodge County land use code.	00:29:18
	In subsections 14.7, point one parent one through.	00:29:26
	14.7 Parents six of the Dodge County Shoreline Protection ordinance.	00:29:30
	Less procedural matters and.	00:29:34
	Approval criteria for the variance process. The board shall hold a public hearing.	00:29:36
	On each variance, the application and following the Public Hearing Act to approve, approve with conditions.	00:29:41
	Or deny the variance based upon approval criterias of section.	00:29:47
	2.3 point 12 point east of the land use code and section 14.7 points parents six of the.	00:29:52
	Solon protection ordinance.	00:30:00
	An application for a variance request was submitted by the applicant.	00:30:03
	With the requests for variances to the terms of the ordinary high watermark set back of the Dodge County Shoreland Ordinance to	00:30:07
	allow construction of three structures.	00:30:12
	Where said structure patio A.	00:30:18
	Is 899 square feet.	00:30:21
	Would be 17 feet from the ordinary high watermark or 58 feet within the required set back.	00:30:23
	Where said structure Patio B.	00:30:30
	260 square feet would be.	00:30:35
	52.7 feet from the ordinary at watermark or 22 feet within.	00:30:38
	The required set back.	00:30:43
	Where said structure deck.	00:30:45
	Would be 47.67 feet from the ordinary high watermark, or 2.58 feet within the required setback. As proposed, all three structures	00:30:48
	are prohibited by the code.	00:30:53
	The county should have jurisdiction over the site is Town of Fox Lake has adopted the county's land use code.	00:31:00
	The property is located within the R1 single family.	00:31:06
	Residential zoning district.	00:31:09
	The property is located in the Shoreland District.	00:31:12
	As a Butts Fox Lake on the east side of the property.	00:31:15
	The physical features of this point 195 acre lot includes sloping topography.	00:31:19
	Ranging from 12 to 30%.	00:31:25
	The parcel contains the residents and associated accessory structures.	00:31:27
	The section of Howard Ave. is the is is a.	00:31:31
	Designated as a private road, although this lot does not a public public Rd. Subsection 10.5 point 3 point D designates.	00:31:34
	This section of Howard Ave. as an exemption planted private road allowing for land use permits to be issued.	00:31:43
	A variance was.	00:31:50
	Previously granted for the this property in 2002 a variance.	00:31:51
	Was to change the roof Gable to face the lake and construct a deck.	00:31:55
	On the Northside of the residence.	00:32:00
	The existing impervious surfaces calculate.	00:32:02
	Calculation for This site is 3000.	00:32:05
	359 square feet or 39.54% the proposed impervious surface.	00:32:09
	Calculations is 3270 square feet or 38.50%.	00:32:15
	The impervious surface calculation is reduced.	00:32:22
	As the builder will be removing existing not.	00:32:25
	Existing impervious surfaces.	00:32:28
	And replacing them with permeable pavers.	00:32:30
	The general character is character of the surrounding land use consists of single family residences along the South and West and.	00:32:34
	North sides of the property, while Fox Lake is located along the east.	00:32:41
	Side of the property.	00:32:44
	On December 10th, 2024, an application for a county land use permit was made.	00:32:46
	By the appellant in order they be allowed to construct 2 patios and a deck.	00:32:52
	On the north and east sides of the residence of the sites.	00:32:56
	An on site inspection was conducted by staff on December 11th.	00:33:01
	2024 a revision was submitted.	00:33:05
	For the provided land use permit application on January 3rd, 2025.	00:33:08
	An additional on site inspection was conducted by staff following.	00:33:14
	This revision on January 8th, 2025.	00:33:19
	After the review is completed, the permit was denied on January 9th, 2025. A complete.	00:33:23
	Application was.	00:33:30
	Received by this department on.	00:33:31
	January 13th, 2025.	00:33:34
	Applicable ordinance provisions in this case.	00:33:38
	Section 6.1 Store and setbacks within the Dodge County Shoreland ordinance.	00:33:43
	Unless exempt, a set back of 75 feet.	00:33:48
	From the ordinary high watermark of any navigable waters to the nearest part of the building.	00:33:51
	Or structure shall be required for all buildings and structures.	00:33:56
	Section 6.2.	00:34:01
	Reduced principal structure set back.	00:34:02
	Within the Dodge County Shoreland Ordinance.	00:34:05
	The provision.	00:34:07
	Allows for a reduced set back within 75 feet of the requirement based on an average of the two adjacent properties.	00:34:09
	Principal structures.	00:34:16
	In this case, an average of 550.25 feet.	00:34:18
	Is applied based on the locations of the principal structures on the adjacent properties.	00:34:22
	A deck is considered to be part of the principal structure.	00:34:27
	And can therefore be.	00:34:30
	Constructed at this reduced set back.	00:34:32
	The permit was denied.	00:34:35
	By the county land use administrator for the following reasons.	00:34:37
	As proposed, the Patio A.	00:34:40
	899 square feet.	00:34:43
	Would be 17 feet from the ordinary high watermark, or 58 feet within the required set back of the 75 foot.	00:34:45
	From the ordinary high watermark as stated in section 6.1.	00:34:52
	Of the Shortland setbacks.	00:34:55
	This proposed patio be 260 square feet.	00:34:57
	Would be 52.7 feet from the ordinary high watermark, or 22 feet.	00:35:00
	From the.	00:35:06
	Within the required set back.	00:35:07
	Of a 75 foot from the ordinary hill water market stated in 6.1.	00:35:09
	Of the strong setbacks.	00:35:13
	As proposed, the.	00:35:15
	Would be 47.67 feet from the ordinary higher watermark or 2.58 feet within the required set back.	00:35:17
	Of 50.25 feet.	00:35:24
	From the ordinary hallmark, as determined as using section.	00:35:27
	6.2 Reduced principal structure setbacks.	00:35:32
	The appellate is requesting an area variance to 6.1.	00:35:36
	And 6.2 of the Dodge County Shoreline Protection Ordinance purpose statement.	00:35:39
	A town recommendation No, no, nothing received from the town.	00:35:46
	The purpose of the water set back provisions of the code are to require uniform.	00:35:50
	Set back provisions from the water to preserve the public interest in shore lands and navigable waters of the state and every	00:35:54
	property owner that has frontage on the body of water is reduced required to comply with its uniform water set back requirement.	00:36:02
	In this case, Patio A would be located 17 feet from the ordinary. How watermark.	00:36:10
	Or 58 feet within the required set back.	00:36:14
	And thus prohibited by the code. Patio B would be 52.7 feet from the ordinary hair watermark or 22 feet 22.3 feet within the	00:36:17
	required set back.	00:36:23
	And thus prohibited by the code.	00:36:28
	Purpose of permitting a reduction in the water set back for a.	00:36:30
	Principal structures to discern the general characteristics.	00:36:35
	Of the surrounding neighborhood is maintained. This approach supports continued development while preserving the public interest.	00:36:38
	In shorelands and navigable waters, as well as protecting the rights of.	00:36:46
	Property owners.	00:36:51
	With the waterfront access.	00:36:52
	As proposed, the deck will be located 47.67 feet from the ordinary high watermark.	00:36:54
	Or 2.58 feet within the required set back of the.	00:37:00
	50.25 foot.	00:37:04
	From the ordinary high watermark and therefore prohibited by the code.	00:37:07
	Staff Advisory Staff points out that the Board does not have summary powers to ignore the ordinance, provisions or objectives. The	00:37:12
	burden falls upon the appellant to convincingly demonstrate the Board that a literal enforcement of both the Land Use Code.	00:37:18
	And a SOREL and protection ordinance regulations.	00:37:25
	Would result in an unnecessary hardship that the hardship would be due to the fact that special conditions.	00:37:30
	Unique to the property and if granted, the variance would not be contract.	00:37:35
	Charity to the public interest.	00:37:40
	It's a staff position that the board will be unable to make the findings necessary to grant a variance in this case.	00:37:41
	And therefore the variance should be denied.	00:37:48
	If the board grants the requested variances for the deck, it should be conditioned that the deck shall remain open.	00:37:51
	And may not be enclosed.	00:37:58
	Thank you, Andy.	00:38:04
	The appellant. Please step forward.	00:38:08
	State your name, please, Brian Elvin.	00:38:19
	Is there any information regarding your request that you would like to add to the record at this time?	00:38:21
	Sure, couple facts.	00:38:26
	Reason for the project is I have two retaining walls that are failing.	00:38:28
	When I bought the property some years ago, we've had continued erosion.	00:38:32
	And so I'm at a point now where I've got to do something where the walls will collapse.	00:38:37
	And so.	00:38:41
	Got two different walls to fix so with that project I wanted to make it right and make it look good.	00:38:42
	The whole lower deck is as it was read. In that deck A is permeable.	00:38:47
	We have a section of that that's existing that is impermeable, so we're increasing that permeable space.	00:38:52
	The grass that's down there now doesn't grow with the high oak trees. I get lots of erosion just in that space.	00:38:57
	That I constantly deal with weeds and and no grass.	00:39:04
	So that was the purpose of making everything permeable on that level.	00:39:07
	And the deck is failing the current deck. That's that that is there.	00:39:12
	The beams are separating. I'm getting warping.	00:39:15
	And having issues with the deck so you know 1 project led to another.	00:39:18
	We did when we had Bryce out on the site visit, we discussed decks being considered impermeable.	00:39:22
	So we made a decision in order to.	00:39:28
	Help compromise the deck that we're looking to add deck seed expansion on the Northside.	00:39:30
	We're going to reduce.	00:39:36
	The 10 foot deck on the east side to 8 feet and help to offset that deck size.	00:39:37
	So that was some of the major factors we considered in the project. We'll also tie all the downspouts in.	00:39:43
	And control that water flow that comes onto the property.	00:39:49
	And make sure we get rid of that the right way.	00:39:52
	OK. Thank you.	00:39:57
	You're welcome. Is there anyone in attendance that would like to speak in favor of this variance request?	00:39:58
	State your name, please, Brian Coleman.	00:40:09
	Yeah, like I said, I'd be the contractor. They'd be running the job or doing the improvable space for the paper systems. We'll be	00:40:12
	running a. If variance is granted, we'd be running a.	00:40:17
	Permutable system that would be.	00:40:23
	The water would obviously penetrate through the whole.	00:40:26
	Patio areas which would be no different than being on the grass areas.	00:40:29
	We'd still be able to control all of our.	00:40:32
	Corrosion control and all that stuff to help with doing the.	00:40:35
	The project.	00:40:38
	Throughout the thing, like I said, the walls.	00:40:39
	Failing so we'd be removing and replacing those with new natural stone.	00:40:41
	And being able to restructure everything so we don't have any problems in the near future.	00:40:45
	Anyone else in the audience that would like to speak in favor of this variance request?	00:40:53
	You want me to come up there?	00:40:59
	Please come up with that.	00:41:02
	State your name for the record please.	00:41:12
	Dean Strike.	00:41:14
	What comment did would you like to me OK.	00:41:19
	I'm the neighbor.	00:41:22
	On the north side of his house.	00:41:23
	And what I've looked at what he's proposing.	00:41:26
	Is and I might speak for myself and my wife.	00:41:30
	That.	00:41:34
	We have no problem.	00:41:36
	With what he wants to do.	00:41:37
	He does have issues.	00:41:41
	As far as failure.	00:41:43
	Both the retaining wall.	00:41:46
	And his deck.	00:41:48
	For me.	00:41:52
	There's no problem with the.	00:41:53
	Extending the deck out in front of his house.	00:41:55
	Review for me.	00:41:58
	I think what he's doing.	00:42:04
	Is going to improve.	00:42:07
	The water.	00:42:10
	That it became a problem that.	00:42:13
	Caused all this.	00:42:14
	I think he's making.	00:42:16
	Strides in the right direction.	00:42:18
	That's all I have to say.	00:42:22
	Thank you. You're welcome.	00:42:24
	There anyone else in attendance that would like to speak in favor of this request?	00:42:25
	Is there anyone else in the audience that would like to speak in favor of this request for the board?	00:42:31
	Is there anyone in the audience that would like to speak against this variance request?	00:42:37
	Is there anyone in the audience that would like to speak against this variance request?	00:42:43
	Is there anyone in attendance that would like to speak against this variance request before the board?	00:42:51
	Board members, do you have any questions? The appellant?	00:42:58
	All I could say it was a pretty steep. It's a steep. It's a steep.	00:43:04
	Dry yard.	00:43:07
	And we were there, looked at it so.	00:43:13
	You have written correspondence. We have written correspondence from the Department of Natural Resources.	00:43:15
	Dear Board Members, The Department of Natural Resources received notice of the February 20th, 25 public hearing concerning the	00:43:22
	variance request.	00:43:25
	Submitted for the Alvin property, The department is writing in response to the County Board's adjustments request for an opinion.	00:43:29
	From the department per Chapter 59.69 to parent for.	00:43:36
	Parent B Wisconsin statutes as allowed by law.	00:43:42
	Please have this letter delivered to and read before the board.	00:43:45
	A variance application request to build expansions of the existing lower level patio.	00:43:50
	An existing deck which will be an expansion of an existing footprint.	00:43:55
	For non conforming accessory structures.	00:43:59
	Within the 75 foot shoreland set back area.	00:44:02
	From the ordinary high watermark.	00:44:06
	The department has reviewed the reasons for the set back.	00:44:08
	Of the variance request in the application provided.	00:44:12
	Compared to the three variance criterias and noted that.	00:44:15
	Having existing structures located within the 75 foot set back is not unique feature of the property. The property has reasonable	00:44:18
	use already.	00:44:23
	Adding more larger structures by expansion.	00:44:27
	Is a personal preference and does not meet the purpose of shoreland zoning.	00:44:31
	Nor a hardship reducing the total impervious surface.	00:44:36
	Is a positive.	00:44:40
	But the expansion of accessory structures within the shoreline setback.	00:44:42
	Area is adverse to those purposes.	00:44:46
	As the board reviews these variance requests, please keep in mind that the applicant.	00:44:49
	Has the burden of proof.	00:44:54
	Burden of proving that their application.	00:44:55
	Meets all the statutory requirements for the granting of a variance.	00:44:58
	For each variance request that is.	00:45:02
	The applicant must prove that they will.	00:45:05
	Suffer unnecessary hardship if the provisions.	00:45:08
	In the county Soreland.	00:45:11
	Zoning ordinance are literally enforced. The Wisconsin Supreme Court has made it clear that the proof of the unnecessary hardship.	00:45:13
	By itself does not entitle an applicant to a variance.	00:45:20
	It may be possible that the applicant.	00:45:23
	Will provide additional evidence at the hearing which may change the conclusion listed below.	00:45:27
	All the statutory various criteria must be satisfied.	00:45:32
	In uh.	00:45:38
	To in order to grant a variance. They are unique physical limitation.	00:45:39
	No harm to public interest.	00:45:45
	And unnecessary hardship.	00:45:47
	It's the responsibility of the board.	00:45:50
	To assure that all the statutory standards for granting A variance are met. The standards help to.	00:45:52
	Ensure protection of the public interest, including the preservation of the water quality.	00:45:59
	And Fish and Wildlife habitat along the lakes and rivers.	00:46:05
	Wisconsin's navigable waterways are held in trust for all the people to enjoy.	00:46:08
	The shoreline set back.	00:46:12
	Is important to protect the water quality.	00:46:14
	Natural scenic beauty and the Fish and Wildlife habitat. Habitat of Wisconsin's waterways.	00:46:17
	The department appreciates your commitment to.	00:46:23
	Dodge County's water resources and protection.	00:46:26
	For the public interest for future generations. Sincerely, Dale. Resume specialist, Wisconsin Department of Natural Resources.	00:46:29
	Hey the board members, do you have any questions in addition?	00:46:39
	With if you don't.	00:46:46
	I mean, are you gonna do?	00:46:48
	Will you just do?	00:46:50
	Project. I mean if the patios would be denied night and the deck would be.	00:46:51
	Granted, Is that a?	00:46:56
	A workable situation under your opinion or why would you?	00:46:59
	No, I mean the the walls are the walls in the deck are failing so I have to address.	00:47:04
	The retaining walls as well as the deck because everything related to that has to be reworked.	00:47:10
	But we're not working on the retaining walls. We're working on the patios that you want to add in addition, correct? No, the	00:47:17
	retaining walls are all redone as well with the patios.	00:47:20
	So where there are walls, we're putting new walls.	00:47:24
	Which will then drive the patios.	00:47:27
	And I'm not getting any.	00:47:29
	I have erosion issues and water drainage issues on those areas. That would be patios now that I can control with these new patios.	00:47:32
	Point point of order. Order gentlemen. The retaining walls would be considered a non conforming structure and would be able to be	00:47:41
	replaced.	00:47:44
	So you could replace them without doing the patios? I guess that was my basic question, correct?	00:47:51
	So at one point we could with, with having equipment down there, we'd be tearing everything up. So we'd still have to be able to	00:47:57
	maintain and control your old and all that stuff for that as well as.	00:48:01
	We're driving on. That would be tearing up the existing patio that is currently there. That's a footprint. I don't know exactly	00:48:06
	that I'll think that is, but that would be removed as well with the construction of the new paper or the new walls. At that point	00:48:10
	we would try and do.	00:48:15
	Help with the impervious space, with being able to go through with putting the new patio in.	00:48:19
	And help with erosion and all that stuff. I'm afraid I'll continue to have erosion issues if I don't build the lower patio with	00:48:24
	impervious because I've got nothing will grow.	00:48:28
	With the trees and the oaks that are in there.	00:48:33
	I've tried, trust me, for years I've tried.	00:48:39
	Any other questions from the board?	00:48:42
	Would your pillow like to make a final statement for the record?	00:48:46
	No, I mean, obviously with everything that we're doing it, you know, it's, it's going to be done the right way. It's a great	00:48:50
	project. We're investing a lot of money in it to make it.	00:48:54
	Done right.	00:48:59
	With water intrusion and control being a primary issue for us and it's been an issue since we started as.	00:49:00
	As one of the board members mentioned, it's a steep hill. There's a lot of graduation there and and we have a lot of water	00:49:06
	problems.	00:49:09
	On that site that.	00:49:13
	I think we control what the project in its entirety.	00:49:15
	Thank you.	00:49:20
	At this time, I'm prepared to close the public testimony portion.	00:49:23
	Of the hearing and go into deliberation the conclusions of the law.	00:49:27
	The appellants request to subsection 6.1 and 6.2.	00:49:31
	Of the Dodge County Shoreline Protection Ordinance, our area variances.	00:49:36
	Yes, yes.	00:49:39
	Is there a physical limitation that is unique to this property? Prevents the appellant from complying with the shoreline set back	00:49:44
	provisions. Provisions of the code.	00:49:48
	Very steep parade.	00:49:54
	Yes, it's very steep. There's there's nothing left to cover it. Mean Rodney and I walked down there and it was, you know, there's	00:49:56
	nothing. It's you got to work in that little area. That's it. That's all there is.	00:50:01
	You're not close to the lake.	00:50:07
	Yeah, half my house is in it.	00:50:10
	Of the shoreline set back provisions of the code unnecessarily burdensome in this case, thereby creating the hardship.	00:50:15
	You're saying yes?	00:50:23
	Yes, he wants to be.	00:50:25
	Does the appellant have other options available to construct a deck and two patios on this lot?	00:50:29
	No, it's all there is.	00:50:36
	What hardship exists of the variance is denied?	00:50:43
	Continue erosion.	00:50:47
	Great erosion.	00:50:49
	The project harmful anyway to the public's interest.	00:50:58
	Does the board have sufficient information to make a decision on this request?	00:51:05
	Yes.	00:51:09
	Does the Board believe the appellants variance request meets the criteria that is necessary to order to grant the variance	00:51:14
	request?	00:51:17
	Yes.	00:51:23
	A few different.	00:51:27
	Hey I'm looking for a motion to either approve or deny the variance.	00:51:32
	To the Shoreland set back requirements as a code based upon a previously mentioned findings and conditions.	00:51:36
	Second rule, yeah.	00:51:49
	Is that with the condition of no enclosure? Yeah, with the conditions.	00:51:52
	Is there a second?	00:51:59
	Sorry.	00:52:01
	Any discussion?	00:52:04
	I'm just concerned that, you know, the proximity to the lake if we're setting ourselves up for.	00:52:08
	Down the road by granting something.	00:52:14
	You know it's.	00:52:17
	It's extremely close to the link. I mean, you know.	00:52:18
	I agree with you that I agree with you to a point, but if we're getting erosion, that isn't good either.	00:52:21
	No, I understand that. But I mean, it's, it's something somebody can come back to us and said you granted this one because there's	00:52:26
	7.	00:52:29
	In the early 7, you know, 17 feet through whatever the actual number is, it's.	00:52:32
	That's what makes me a little uneasy about this one. Because I mean.	00:52:37
	I know you're trying to.	00:52:41
	To make it better but.	00:52:43
	The situation was.	00:52:45
	When you purchased it?	00:52:47
	Was.	00:52:48
	Probably somewhat obvious at that point that you were going to have continuous problems. So that's my only and that's why I'm	00:52:49
	wanting to fix it. I mean, there's an impermeable.	00:52:53
	Patio down there now.	00:52:57
	That's taking up 500 square feet of that lower deck.	00:52:59
	And I'm going to change all of that to permeable to allow for filtration. I my biggest concern is that when.	00:53:02
	Your neighbor or somebody 5 houses down comes back and says they want to build something.	00:53:08
	You know, if we're setting ourselves up that we cannot.	00:53:12
	You know, umm.	00:53:15
	We cannot turn it down because it.	00:53:16
	In some cases that you know, it's it's not for the best. So that's my my concern with this so.	00:53:18
	Thank God we're supposed to take.	00:53:24
	Situation on its own merits and stuff I understand, but that's the way.	00:53:27
	You know you do set yourself up with.	00:53:32
	You know, setting standards that some other people are going to say, you know, we should be allowed to same thing. So that's my	00:53:35
	only.	00:53:39
	Concerned with itself, I understand.	00:53:42
	Yeah, call the motion.	00:53:44
	Anymore discussion?	00:53:47
	If not, I'll call the.	00:53:49
	Roll and Rodney, yes.	00:53:51
	Russell.	00:53:54
	Mark, I'll be upstanding.	00:53:55
	John.	00:54:00
	I'll vote yes with hesitation.	00:54:04
	And myself elbowed yes, so.	00:54:08
	We have.	00:54:11
	Four in favor of branding with a.	00:54:15
	Condition.	00:54:18
	And one abstention.	00:54:20
	So the motion is carried.	00:54:22
	To approve the.	00:54:24
	Variance.	00:54:26
	And the land use administrators directed to issue a land use period incorporating the decision of the Board.	00:54:29
	Thank you, gentlemen.	00:54:36
	Come before the meeting, I think, not tonight.	00:55:12
	We have 3 petitions for next month.	00:55:15
	The one that.	00:55:20
	Cancelled.	00:55:21
	I don't think that's coming back anytime soon.	00:55:23
	Where are the next month? Andy, do you know?	00:55:31
	Well, there's a land division, so I don't know if you even need to make a.	00:55:34
	11 is in.	00:55:39
	Eustisford.	00:55:42
	And prices.	00:55:45
	The other one is probably in the north half of the county somewhere. I don't know exactly where that one is.	00:55:47
	Where's the land? Where's the land splitter? I don't know.	00:55:53
	And Bryce that he'll be in charge next month.	00:56:01
	You will be. Is it February?	00:56:04
	Yeah, he'll be doing the meeting. I'll do the.	00:56:07
	You'll do the on sites, no, no personal through the on sites and I'll do the meeting.	00:56:09
	I have a continuing education class that day.	00:56:14
	Telling him the same thing as you know, we'll meet him in the parking lot. Yep, Yep. That's or.	00:56:18
	If you're going to start and use this for, we'll meet you down there, Sir. Sure, it's on the way.	00:56:23
	As I move, we adjourn.	00:56:30
	2nd.	00:56:31
	All in favor say aye.	00:56:33
	Put that on the spot.	00:56:53
	Spring by next month.	00:57:00
	That's your word. How old you do that?	00:57:02
	We're still meeting in winter though at night.	00:57:05