Meeting: Board of Adjustment Meeting

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Event transcript
	Andy, what's that? We're all ready to go recording.	00:00:03
	The Dodge County Board of Adjustment is hereby called to order.	00:00:09
	We have roll call.	00:00:12
	Mark Osmond here.	00:00:14
	John.	00:00:16
	Here, Russell Cocky here.	00:00:17
	Myself here.	00:00:21
	Larry Bishop.	00:00:22
	Brad Couples alternates are not here.	00:00:24
	Are there any non committee members of the county board here?	00:00:29
	No, no.	00:00:33
	The quorum is prison.	00:00:35
	And the staff confirmed compliance with the open meeting law and public hearing. They are in compliance.	00:00:37
	Any changes to the agenda?	00:00:45
	I don't know if it changes the agenda, but I think there's.	00:00:49
	An error in these.	00:00:52
	Decision seats because.	00:00:54
	Yes, there is. Yes.	00:00:56
	Is that is that a problem? Because it says we're?	00:00:58
	They're all variances of shoreland protection and Nope, it's just for lack of time.	00:01:01
	OK. Yep, I'll get the mark, the correct ones here. Thank you. Yep.	00:01:07
	Review the minutes of the March 13th meeting.	00:01:14
	I move to accept the minutes of the approve the minutes of the March 13th meeting.	00:01:17
	Second, any discussion?	00:01:21
	Hearing that all in favor say aye aye, most motion is carried.	00:01:24
	Would you please read the hearing procedures for tonight's hearing?	00:01:29
	Today.	00:01:34
	We are meeting today.	00:01:36
	To hear the requests for modifications to the Dodge County Land Use Code, we have a series of three hearings tonight.	00:01:37
	And the procedure for these hearings will be as follows. The Chairman.	00:01:43
	Of the Board of Adjustment will read the public hearing notice after that.	00:01:46
	A staff member from the Dodge County Land Resources and Parks Department will read a report that has been prepared by the county	00:01:51
	staff regarding.	00:01:54
	The request before the board.	00:01:58
	Following the staff report, the appellant will and or his agent.	00:02:00
	Or their agent will be asked to come before the board.	00:02:04
	The appellant will be asked to state their name for the record and they may present their case to the board or add any additional	00:02:07
	information.	00:02:12
	To the record.	00:02:16
	Those in attendance Which?	00:02:18
	That we wish to speak in favor of the opposite in favor or opposition can come before the Board and speak.	00:02:20
	If you wish to speak, you will be asked to step up to the microphone in the center.	00:02:27
	Of the room and state your name and address for the record.	00:02:32
	And state your position regarding the request before the board.	00:02:35
	Please address your comments and questions to the Board and not to the appellant.	00:02:39
	You won't be allowed to speak once, so please.	00:02:44
	Be prepared to present all of your concerns and questions to the board when you speak.	00:02:47
	After those in attendance have spoken.	00:02:52
	Written correspondence that has been received.	00:02:55
	By the board, which has been.	00:02:57
	Collected by the board.	00:02:59
	Board during their on sites.	00:03:01
	Will be read into the record. The board will have an opportunity to ask.	00:03:03
	You found any questions?	00:03:07
	Following the board's questions, the appellant will be allowed to give a final statement for the record.	00:03:09
	After receiving all the testimony, the board.	00:03:14
	Will deliberate and we'll make a decision to grant grant in part or deny the variance.	00:03:17
	Request and if approved they may place conditions.	00:03:22
	On the approval.	00:03:26
	If they feel necessary to address or mitigate any potential.	00:03:28
	Adverse impacts the proposal may have on the adjacent properties.	00:03:32
	Or the community.	00:03:37
	If the variance is approved, the staff will be directed to issue.	00:03:38
	The land use permit incorporating those conditions approved by the board.	00:03:41
	Any person or persons agreed by any decisions of the Board.	00:03:46
	Of adjustment may present.	00:03:49
	To the court of record.	00:03:52
	A petition duly verifying.	00:03:53
	Setting forth that such decision is illegal and specifying the grounds of the illegality.	00:03:55
	Such petition shall be presented to the court. Circuit Court.	00:04:02
	In this county within 30 days after the filing of the decision.	00:04:06
	In the Office of the Board of Adjustment.	00:04:10
	The county assumes no liability.	00:04:13
	For and makes no warranty.	00:04:15
	As to the reliance of.	00:04:17
	On any decision if construction is commenced.	00:04:18
	Prior to the expiration date of this 30 day period.	00:04:21
	If during this meeting, the procedural questions.	00:04:25
	Or other points of order arise.	00:04:28
	The final decision of this board may be postponed until more information is gathered, considered and properly acted upon.	00:04:31
	Thank you, Andy.	00:04:42
	Notices, everybody, given that public hearing will be held by the Dodge County Board of Adjustment.	00:04:45
	On Thursday, March 20th, 2025 at 7:00 PM.	00:04:50
	Or shortly thereafter on the first floor of the Dodge County Administration Building.	00:04:53
	Juneau, WI.	00:04:57
	And the appeal of.	00:04:59
	Trish and John Fry.	00:05:00
	For a variance to the terms of the side yard set back of the Dodge County land use code.	00:05:02
	To allow construction of a commercial addition to the principal structure.	00:05:07
	As proposed, the project does not meet the required side yard set back.	00:05:12
	Property locks Property location lot B.	00:05:16
	CSM 1556 in all of lot 48 assessors flat 1.	00:05:20
	Village of Knowles, part of the southwest quarter of the Southeast Quarter section.	00:05:25
	19 town of Lamira.	00:05:30
	The site address being W2212.	00:05:32
	County Road Y.	00:05:35
	A copy of the proposed petition is available for review.	00:05:37
	In a Land County Land Resource and Parks Department between the hours of 8:00 AM and 4:30 Monday through Friday.	00:05:40
	All persons interested are invited to attend and be heard.	00:05:48
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:51
	At 127 E Oak St. Juneau, WI or by e-mail no later than March 19th.	00:05:56
	2025.	00:06:02
	Dodge County Board of Adjustment by William Nice, Chairman.	00:06:04
	Certainly, Sir.	00:06:08
	County has jurisdiction over the site, as a town of the Myra falls under the county's land use code.	00:06:11
	Review criteria subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. This procedural	00:06:15
	matters.	00:06:20
	Approval criteria for the variance process. The board shall hold no hold a public hearing on each variance application.	00:06:26
	And the following public hearing.	00:06:32
	Act to approve, approve with conditions or deny the variance based upon.	00:06:35
	The approval criteria in section 2.3, point 12, point east of the Dodge County Land Use Code.	00:06:40
	The appellants request an application for a variance request was submitted by the applicant.	00:06:46
	With the request for a variance to the terms of the side yard set back.	00:06:52
	Of the Dodge County land use code to allow a construction.	00:06:56
	Of a 40 foot by 16 foot addition to the commercial principal structure.	00:06:59
	Where said addition would be 1.5 feet from the side property line.	00:07:05
	Or 6.5 feet within the required set back and thus prohibited by the code.	00:07:10
	Features The county has jurisdiction over the site as a town of the minor has adopted the county land use code.	00:07:15
	The property is located within C1 General Commercial zoning district.	00:07:21
	Physical features of this .40 acre lot include fairly flat topography ranging from zero to 2%.	00:07:26
	Parcel contains a Tavern.	00:07:34
	And associated accessory structures.	00:07:36
	This section of County Road wise a designated.	00:07:39
	As an urbanized Rd. conditional use permit was granted for the current use in 2006.	00:07:44
	The surrounding land use is characterized by a mix of single family residences and commercial buildings.	00:07:51
	Sanitary Evaluation.	00:07:58
	Is required for the proposed addition.	00:08:00
	There's currently a holding tank on site.	00:08:03
	Subsection 8.2.1.	00:08:07
	Exempts this.	00:08:10
	Exempts this development from on.	00:08:12
	From off street parking standards.	00:08:14
	Permit history on December 30th.	00:08:17
	2024, the appellant submitted an application to the county land use.	00:08:19
	For a county land use permit and a variance to construct a 40.	00:08:24
	By 18 foot addition.	00:08:28
	To the West side of.	00:08:30
	The existing commercial structure.	00:08:32
	Staff conducted an on site inspection on January 3rd.	00:08:34
	2025 On January 8th 2025, withheld letter was sent to the property owner requesting confirmation of the lot lines by a surveyor.	00:08:38
	On January 13th.	00:08:49
	2025 the property owner called to confirm that the surveyor had marked.	00:08:51
	The property boundaries. During this call, the owner requested a revision to the proposed addition.	00:08:55
	Changing the size from 40 by 18.	00:09:00
	Feet to 40 by 16 feet.	00:09:04
	As only 17.5 feet was available between the existing structure and the western property line.	00:09:07
	An additional inspection was conducted on the property on January 17, 2025, to verify the distance.	00:09:14
	Between lot lines and proposed addition.	00:09:21
	The permit application was denied and review of the variance application began on January 20th.	00:09:24
	2025.	00:09:29
	Applicable ordinance provisions, in this case Section 5.12.	00:09:33
	Side yard setbacks for dwellings and other principal structures within the Dodge County land use.	00:09:38
	Code for the minimum set back for a dwelling or other principal structure. Two side lot lines shall be 8 feet.	00:09:43
	This permit was denied by the county land use.	00:09:50
	Administrator for the following reasons.	00:09:53
	As before, the 40 by 16 foot addition would be 1.5 feet from the West property line or 6.5 feet within the required set back as	00:09:55
	stated in section.	00:10:00
	Five point 1.2 side yard setbacks for dwellings and other principal structures.	00:10:06
	The appellant is requesting an area variance to.	00:10:12
	Sections 5.1.	00:10:14
	Of the Dodge County land use code.	00:10:16
	Thank you.	00:10:19
	Staff points out that the board does not have summary powers to ignore the provisions or objectives. The burden.	00:10:22
	Also falls on the appellant to convincingly demonstrate.	00:10:29
	To the board of literal enforcement of.	00:10:32
	The land use code in shoreline protection ordinance.	00:10:34
	As would be unnecessary hardship that the hardship is due to special conditions.	00:10:38
	Unique to the property and grant. If granted, the variance would be contrary to the public interest.	00:10:43
	It's a staff recommendations that the board grants the requested variance for this addition.	00:10:50
	It should be conditioned that a post construction plat of survey is submitted.	00:10:54
	To the department to confirm the location of the structure.	00:10:59
	Can I put your pellet please step forward?	00:11:03
	Table up here.	00:11:09
	Please state your name for the record.	00:11:20
	John Fry.	00:11:22
	And Tricia Fry.	00:11:24
	Is there any information regarding your request that you would like to add to the record at this time?	00:11:27
	Not we just.	00:11:35
	Need extra room?	00:11:38
	For cooler space for prep area.	00:11:40
	And.	00:11:44
	I guess I.	00:11:47
	Really don't know what else to say about it I mean.	00:11:49
	What are you?	00:11:57
	We're looking for an extra space for receiving.	00:12:02
	Deliveries.	00:12:05
	Prep Area.	00:12:06
	That's what we want to do with the development.	00:12:07
	Thank you.	00:12:11
	There anyone in the audience that would like to speak in favor of this variance request?	00:12:13
	I'll just step up.	00:12:19
	Please give your name.	00:12:21
	John Favorite town board.	00:12:22
	Total Wireless Chairman Robbie Privilege of being a supervisor.	00:12:24
	Property a year and a half ago about.	00:12:31
	Obviously it's gotten spectacular. All the business is gone.	00:12:34
	It's growing. We'd like to see you continue to grow in one night to encourage growth in our towns.	00:12:37
	You'd like to see them have this ability to add on and make their business.	00:12:42
	Going forward.	00:12:46
	Thank you. What was the name again?	00:12:48
	Deaf favorite chairman.	00:12:50
	Everyone else in the audience that would like to speak in favor of this request.	00:12:57
	Anyone else in the audience that would like to speak in favor of this variance request?	00:13:03
	Tony Ochsner.	00:13:08
	From Leroy, we visit their business.	00:13:09
	Quite frequently and I think they're doing a great job and I think they should be able to.	00:13:13
	Go forward with it.	00:13:17
	Anyone else in the audience that would like to speak in favor of this?	00:13:21
	Variance request.	00:13:25
	If not if.	00:13:31
	Is there anyone in attendance that would like to speak in opposition to this request?	00:13:32
	Anyone in the audience that would like to speak in opposition to this?	00:13:42
	Variance request before the board.	00:13:45
	Is there anyone in the audience that would like to speak in opposition to this variance? Of course.	00:13:48
	Request.	00:13:55
	Any written correspondence? I do have one.	00:13:59
	To County land resources as a next door neighbor, I am in favor of the addition that Trish and John want to construct.	00:14:03
	This will allow for more room for their business. This is a well run establishment.	00:14:09
	Thank you, Randy Ditburner.	00:14:13
	The board have any questions of the appellant?	00:14:21
	I guess I just have one, I mean, if this is obviously a commercial.	00:14:24
	Building umm.	00:14:27
	You're gonna need.	00:14:28
	I'd assume state.	00:14:29
	Building plans in order to do it. Do they have any problem with the proximity?	00:14:31
	Of your addition to the.	00:14:35
	To the neighboring building.	00:14:38
	No, we we have no.	00:14:41
	That you do you have.	00:14:43
	You have permits from the stage or you've looked into it already?	00:14:44
	We haven't.	00:14:47
	Looked into anything directly with the state because we didn't know if we were going to do it. We didn't want to put.	00:14:49
	Get that going before we can know if we can put the building up.	00:14:54
	I was just curious if they allow if they would allow you to be. I mean it's going to be very close to your neighbors.	00:14:59
	House. I was just curious if they allowed that, you know?	00:15:03
	As a state thing, yeah, well, it's not anywhere near his house. It's close to his shed, which is way behind his house. So I mean,	00:15:06
	there's not.	00:15:10
	It's not like it's outside of his kitchen window or anything.	00:15:15
	Anyone else have a question for the appellate?	00:15:19
	Would the like to make a final statement for the record.	00:15:25
	OK, then I'm prepared to close the public hearing part of this.	00:15:35
	Hearing and.	00:15:38
	Go to.	00:15:40
	He said another conclusions of the law.	00:15:42
	Mark, hang on a second.	00:15:44
	The appellants request.	00:15:57
	The subsection 5 point 1.2.	00:15:59
	Side yard set back zoning.	00:16:01
	Our area variances.	00:16:04
	Yes.	00:16:06
	Is there physical limitations unique this property prevents the appellant from complying with.	00:16:08
	The side yard set back provision of the code.	00:16:13
	Yeah, it doesn't have any more room, I mean.	00:16:18
	Right, he could only build on five feet or whatever it was.	00:16:20
	Other side yard set back provisions of code unnecessarily burdensome in this case, thereby creating a hardship.	00:16:26
	Can it can expand?	00:16:33
	Yeah.	00:16:35
	Does the appellant have other options available to construct the building?	00:16:42
	On this lot.	00:16:46
	No.	00:16:47
	Not of that size anyway.	00:16:48
	What hardship exists? The variances is denied.	00:16:50
	Act on it. Unable to expand again, yeah.	00:16:55
	Loss of business.	00:16:57
	Is the project harmful in any way the public's interests?	00:17:04
	Not from what we heard, no. Everyone seems to be encouraging.	00:17:07
	Does the board have sufficient information to make decision in this request? Yes. Yes.	00:17:12
	Does the Board believe the appellants variance request meets the criteria that is necessary in order to grant the variance	00:17:18
	request?	00:17:20
	If the board can make can make the findings necessary in order to grant the variance request in this case.	00:17:29
	Any conditions of approval necessary to.	00:17:34
	Be tagged on to it and I would say at that point the.	00:17:38
	This had written it the required survey or whatever? Yeah, the required survey.	00:17:42
	Post construction survey to be attached to this.	00:17:47
	OK, I'm looking for a motion to either approve or deny the variance.	00:17:56
	For as a set back also move to approve.	00:18:00
	2nd.	00:18:03
	Motion made and 2nd is any more discussion?	00:18:05
	Tonight, I'll call the roll.	00:18:11
	Rodney yes.	00:18:13
	Russell yes.	00:18:15
	Mark yes.	00:18:17
	John yes.	00:18:19
	And myself votes yes.	00:18:20
	The motion is carried by a 5 to 0 vote.	00:18:23
	So the variance is granted. Variance request is granted as proposed.	00:18:27
	With the condition of the condition survey.	00:18:32
	And the board land your use administrators directed to the history land use tribute.	00:18:36
	Incorporating the decision of the Board.	00:18:41
	Thank you.	00:18:45
	Thank you.	00:18:46
	We'll have to rectify them in what's that? I've got notes in there for what I had so.	00:18:58
	OK, I will change this guy. Change. Let me know when I'll come in.	00:19:04
	OK.	00:19:09
	It will be much early.	00:19:10
	Yeah, that's fine.	00:19:12
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:19:17
	On Thursday, March 20th, 2025 at 7:15 PM.	00:19:22
	Or shortly thereafter on the first floor of the Dodge County Administration Building, Juno, Wisconsin.	00:19:26
	On the appeal of John and Margaret Ochsner.	00:19:32
	2010 Irrevocable Trust.	00:19:36
	For a variance to the terms of the accessory structure provisions.	00:19:39
	As a Dodge County land use code.	00:19:42
	To allow an assistant.	00:19:45
	An accessory structure.	00:19:47
	To exist on a newly created lot that does not have a principal, use.	00:19:49
	And principal structure that has been.	00:19:54
	Established or permitted?	00:19:56
	The request is a variance to subsection 5.2, point 2 for the Dodge County Land Use code.	00:19:58
	Property location is Lot 1.	00:20:05
	CSM 2672.	00:20:08
	Being part of the Northwest quarter, Northwest quarter.	00:20:10
	Section 26. Town of Leroy, the address being.	00:20:13
	And 1:04 3/4.	00:20:18
	A copy of the proposed petition is available for review in the.	00:20:21
	County Land Resources and Parks Department.	00:20:24
	20 hours of 8:00 AM at 4:30 PM, Monday through Friday.	00:20:27
	Whole person's interests are invited to attend and be heard.	00:20:31
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:20:34
	At 127 E Oak St. Juneau, WI or by e-mail no later than March 19th, 2025.	00:20:38
	Dash County Board of Adjustment by William Nice, chairman.	00:20:45
	Step Unfortunately county has jurisdiction over This site is telling Leroy has adopted the land use code.	00:20:55
	Subsection 2.3 point 12 point A through 2.3 point 12 point G of the Dodge County Land Use code. This procedural matters and this	00:21:02
	approval criteria for the variance process. Portional public hearing.	00:21:09
	On each variance application following the public hearing to act to approve, approve of conditions, or deny the variance based	00:21:16
	upon the.	00:21:19
	Approval criteria.	00:21:23
	Of section 2.3, point 12, point E of the Dodge County Land Use Code.	00:21:25
	On January 29th, 2025, an application for a variance was request was submitted by the appellant.	00:21:30
	With a request to the terms of the accessory structure provisions of the Dodge County Land Use Code to allow an accessory	00:21:37
	structure to exist.	00:21:41
	On a newly created lot that does not have a principal.	00:21:45
	Use and the principal structure.	00:21:48
	That has been established or permitted.	00:21:52
	And thus prohibited by the code. The request is a variance to subsection.	00:21:55
	5.2 point two of the Dodge County land use code.	00:21:59
	Features the Dodge. The county has jurisdiction of the site as a town of Leroy has adopted the county's land use code. The	00:22:03
	property is located in the R1 single family residential district.	00:22:08
	The property is presently being used for residential use on the South end.	00:22:14
	In a Carpenter shop on the North End.	00:22:18
	The physical features of this point 705 acre lot includes A generally sloping topography ranging from zero to 2%.	00:22:20
	The parcel contains the residence.	00:22:28
	And an associated accessory structure.	00:22:30
	The general character of the surrounding land use consists of a single residences, single family residences.	00:22:33
	To north and West, and agricultural uses to the east and South.	00:22:38
	On January 29th.	00:22:44
	2025 an application for a Minor Land Division letter of Intent was made by the appellant in order they be allowed to divide the	00:22:47
	existing parcel into two separate parcels.	00:22:52
	With the new southern parcel containing the house and the new northern parcel containing the Carpenter shop.	00:22:57
	The piece of land that connects the 2 is proposed to be transferred to the parcel at N 0.	00:23:03
	10450 Meadow Lane parcel.	00:23:09
	#2.	00:23:13
	028-1316-2622.	00:23:14
	Dash 03.	00:23:20
	The land division was denied.	00:23:22
	By the county land use.	00:23:24
	Administrator for the following reasons.	00:23:26
	Subsection 5.2, point two of the Dodge County Land Use Code states in accordance with the section 6 point.	00:23:29
	3.2 of this code no accessory structure shall be established and no accessory.	00:23:36
	Structure shall be allowed on a subject parcel.	00:23:42
	Until all require permits and approvals for the principal use.	00:23:45
	Or activity have been obtained and the principal structure is under construction or has been established.	00:23:50
	If the lots were to be split, the new lot.	00:23:56
	To the north would contain an accessory structure without having an established.	00:24:00
	Primary use and therefore.	00:24:03
	Is prohibited by the ordinance.	00:24:06
	He found is requesting an area variance to subsection 5.2, point two of the Dodge County Land Use code.	00:24:08
	Purpose statement.	00:24:16
	Section 5.2, point two of the Dodge County Land Use code.	00:24:18
	Prohibits accessory uses.	00:24:22
	To be established and no accessory structure shall be allowed on a parcel until a principal use is established.	00:24:24
	The purpose of an establishing a primary use.	00:24:30
	Before permitting an accessory, use is to ensure.	00:24:33
	That the fundamental character and intent of the zoning district is maintained.	00:24:37
	In the case of an R1 single family residential district.	00:24:41
	The primary use is.	00:24:45
	Development of single family residence.	00:24:47
	This primary use must be established first to ensure that.	00:24:50
	The accessory uses, such as garages or sheds, are secondary and complementary to the residential character of the property.	00:24:54
	This approach prevents the use.	00:25:02
	Of land for purposes that could undermine the intended residential character and density of the area.	00:25:04
	Staff believes that the appellant is requesting an area variance.	00:25:11
	The two subsection 5.2 point two of the land use code.	00:25:15
	Staff points out that the Board does not have summary power to ignore the provisions of the OR objectives of the of the.	00:25:18
	Ordinance if the burden shall also falls upon the appellant to convincingly demonstrate.	00:25:25
	To this board that a literal enforcement of the both the land use code.	00:25:30
	Would result in an unnecessary hardship.	00:25:35
	Due to special conditions.	00:25:37
	Unique to the property if granted, and the variance should be contrary to the public interest.	00:25:39
	For the appellant, please step forward.	00:25:51
	State your name for the record, please, Anthony J Ochsner.	00:26:06
	John A Ochsner.	00:26:10
	Is there any information regarding your request that you would like to add to the record at this time?	00:26:13
	No, other than we just want to split the properties from when our parents are no longer with us that we can.	00:26:18
	Keep the shop and the family.	00:26:25
	And sell the house off at some point.	00:26:27
	That it. That's it.	00:26:33
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:26:35
	I believe that it would take a lot of burden off this pay off their parents if we could make this division. Right now it's causing	00:26:43
	them a lot of stress.	00:26:48
	And I just think it would be good for all the families.	00:26:54
	There anyone else in attendance? I would like to speak in favor of this request.	00:27:00
	I don't know if I.	00:27:05
	Not necessarily against it or for it, I just.	00:27:07
	Any of questions on?	00:27:11
	What happens?	00:27:12
	If you say, it can be.	00:27:14
	Be divided.	00:27:15
	Like, can a business ever go in there?	00:27:17
	Garage if they wanted to sell it.	00:27:20
	You know that might impact.	00:27:23
	Our house that's right next to.	00:27:25
	Your your name please.	00:27:29
	Dara D, Arkansas RA.	00:27:30
	Weinberg.	00:27:34
	The they're just asking for a separation of the two lots. They're not asking for a rezone.	00:27:41
	And it's the currently it's an R1 single family residential.	00:27:47
	So.	00:27:53
	Only the uses allowed in that zoning district would be allowed unless they asked for a rezone or a conditional use permit.	00:27:54
	So and in that instance would be another public hearing.	00:28:01
	Oh, all right. And then like the back.	00:28:04
	That back six that.	00:28:07
	They we would have to pay for that then.	00:28:09
	If they divided their lives.	00:28:12
	You're the one receiving the land then.	00:28:14
	I, I don't know how that would happen handle there's there's no intention for any money. I want to give that to them so that we	00:28:17
	have three separate lots.	00:28:22
	So that that's.	00:28:28
	I don't know.	00:28:30
	What do we have to do?	00:28:31
	To give this to them, I'm not sure you guys got to tell me that would be a Terry Oaks question and.	00:28:33
	I have talked to Terry about this so and only thing I got out of Terry was.	00:28:40
	That's the next project.	00:28:46
	Well, if this passes then then we'll we'll move on to that, right? Right.	00:28:48
	But it sounds like it's their attention to no fee.	00:28:53
	Transfer it to yours and whatever whatever vehicle that is.	00:28:56
	On our end.	00:29:00
	Will be on him.	00:29:02
	I just didn't know if you if we would end up having to pay them like fair market value or something like doesn't sound like it's	00:29:03
	this intentions. You know, from what Terry told me, there has to be like a $1.00 exchange. Well, I'll, I'll give him the dollar he	00:29:08
	give back to me.	00:29:13
	I don't care, you know?	00:29:18
	Just we just want to.	00:29:19
	Fix this the way it should be, you know.	00:29:22
	And what about the?	00:29:28
	Driveway, then you.	00:29:29
	That can't be split, right?	00:29:30
	Like he couldn't put a fence up down the middle and we couldn't put a fence up down the mill, right?	00:29:32
	Which driver were you talking about?	00:29:38
	A property line is a property line in our eyes.	00:29:45
	If you want to do.	00:29:48
	Easement, yeah.	00:29:51
	Ingress egress easement between the two of you.	00:29:53
	You know would be the.	00:29:56
	The safest way to our way. We have no intention. It's been this way. They've been there for 28 years.	00:29:58
	I blow the driveway.	00:30:05
	The whole basically the whole thing. There's no Yeah, today you did. It's so warm out. I don't want.	00:30:07
	I don't need to blow it today. We always take the personality out of it, and if you want a legal separation of it, you put an	00:30:13
	easement in there. Yeah, I don't see it being an issue. I really don't.	00:30:19
	I just, I'm just asking questions because I don't know how any of this works, you know?	00:30:25
	So it'd be fine.	00:30:31
	Anyone else care to speak or ask any questions on this?	00:30:35
	Appearance request.	00:30:38
	Board have any oh is there any written?	00:30:55
	No, no written correspondence.	00:30:57
	Does the board have any questions of the appellant?	00:30:59
	With the appellant like to make a final statement for the record.	00:31:07
	No, I have nothing to say.	00:31:14
	Could I get the other gentleman's name?	00:31:17
	John.	00:31:19
	Oxnard, Yeah. OK, This is my brother.	00:31:20
	OK if there are no other statements.	00:31:28
	And prepared to close the public hearing portion of the.	00:31:30
	Hearing and we'll go into.	00:31:33
	Conclusions of the law.	00:31:36
	The appellant request to subsection 5, point 2.2, Land Use Code.	00:31:39
	Are is an area variance?	00:31:44
	Yes, yes, Sir.	00:31:46
	Physical limitations unique This property prevents the appellant from complying with the.	00:31:48
	Accessory structure provisions of the code.	00:31:52
	Yes, yes.	00:31:56
	Are the accessory structure provisions of the code unnecessarily burdensome in this case, thereby creating the hardship?	00:32:00
	Let's say yes, there's no way on that lot, there's no way he can put another building. I mean, that's, that's the uniqueness of	00:32:09
	it. They know that's.	00:32:13
	The the only way they could do anything with it at all is the CU P to become something because it's a residential lot. Yeah, the	00:32:19
	issue is.	00:32:22
	You know, this probably shouldn't have been done. Whatever was done years ago, yeah, that's not something we could solve at this	00:32:27
	point. You know, it shouldn't have been allowed that way with that little.	00:32:31
	Strip between there. I mean, that was just a.	00:32:36
	A way to get it through and that's.	00:32:38
	Does the appellant have other options available to allow this new lot to be established?	00:32:49
	What hardship exists of variances denied?	00:32:56
	Can't split the property and split it, yeah.	00:32:59
	Is a project harmful to any way the public's interest?	00:33:08
	I would say it's not, other than the notes of the neighbor making sure that happened.	00:33:12
	You know, seems to be.	00:33:17
	Amicable now.	00:33:19
	As long as there's no attempt to rezone it or something like that, that's yeah, you know, we can't.	00:33:21
	We can't foresee the future either, can we?	00:33:26
	In the end of this, can we?	00:33:29
	Strongly urge them to do a.	00:33:31
	Easement.	00:33:33
	You could put any conditions on there you'd like.	00:33:35
	You know, easement for the driveway, I think that would be.	00:33:38
	It isn't for the two living there now for you.	00:33:42
	But it would be for when and if anything ever got sold. Sure, That way you're protecting.	00:33:45
	All interests at that point in time. I'm with you. I'm all for a driveway green. It's just a shared driveway is never.	00:33:50
	They don't always workout real well. No, no. And I get that. And I want one, Yeah.	00:33:58
	So is an easement different than a?	00:34:04
	An easement, just what it amounts to is it gives.	00:34:09
	A written document that says you have a right to drive across this property. It'll be placed right on on the deeds for both.	00:34:11
	Both parts correct. The best easements that I've seen are ones that.	00:34:19
	You know.	00:34:24
	Describe what?	00:34:25
	What uses are allowed and then?	00:34:26
	Maintenance.	00:34:29
	And repair as well.	00:34:30
	Because that always where, yeah, that's where the things come in and things get a little hairy sometimes is.	00:34:33
	What happens if the driveway breaks up or something like that? Sure.	00:34:39
	So little projects not harmful.	00:34:45
	Does the board have sufficient information to make a decision on this request? Yes. Yes.	00:34:48
	The Board believe the appellants variance request meets the criteria necessary in order to grant the variance request. Yes.	00:34:53
	If the Board can find make the findings necessary to grant the variance request in this case or any conditions of approval	00:35:01
	necessary in this case to mitigate any potential adverse impacts.	00:35:05
	The result from this proposed development request.	00:35:10
	Like the easement?	00:35:12
	Yes.	00:35:15
	Up to you, Bill.	00:35:18
	OK, I'm going to be waiting for a motion to approve or deny the.	00:35:20
	Variance, so move to approve.	00:35:25
	2nd.	00:35:29
	Motion is made and seconded to.	00:35:30
	Grant the variance with the.	00:35:32
	Condition of a driveway. The driveway easement.	00:35:34
	Anymore discussion?	00:35:37
	Hearing none, then I will.	00:35:41
	Call the roll, Rodney. Yes.	00:35:43
	Russell yes.	00:35:46
	Mark Yes. John, yes.	00:35:47
	And myself, yes.	00:35:50
	The motion is carried to.	00:35:52
	Proves a variance.	00:35:54
	With the condition by a 5 to 0 vote.	00:35:55
	And uh.	00:35:58
	Subject to the variance or the condition.	00:36:03
	And the land use administrators directly issue a land use permit incorporating the decision of the board. I don't think they need	00:36:06
	a land use permit.	00:36:09
	Division.	00:36:27
	I asked one last question.	00:36:35
	Public hearing.	00:36:39
	Is closed. We have.	00:36:40
	A driveway agreement, OK.	00:36:43
	But it was done 28 years ago.	00:36:46
	Since then.	00:36:50
	It was put into the irrevocable trust.	00:36:51
	OK.	00:36:55
	So we we have a driving driveway agreement that they can sign.	00:36:57
	But it's from 28 years ago. Is that going to matter to you guys or do we got to get a lawyer? And I think that I think that's your	00:37:03
	best option is.	00:37:07
	Some legal advice?	00:37:12
	Yeah.	00:37:14
	Okie, Dokie, Thank you.	00:37:16
	Have a good evening. Thank you.	00:37:18
	Number 3.	00:37:20
	This is Shoreline Protection Act.	00:37:30
	You're doing a good job of thinking.	00:37:36
	I just yeah, numbers.	00:37:38
	I don't know where they went. I know I did them.	00:37:41
	Notice is here right given that a public hearing will be held by the Dodge County Board of Adjustment.	00:37:52
	And Thursday, March 20th, 2025 at 7:00 PM OR.	00:37:57
	Shortly thereafter, on the first floor of the.	00:38:01
	County administration building, Juno, Wisconsin.	00:38:04
	And the appeal of Robert W and Jody are not Nas family trust dated.	00:38:07
	June 11th, 8/19/98.	00:38:12
	For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code.	00:38:14
	To allow in addition.	00:38:20
	To an existing primary structure.	00:38:21
	That would not meet current setbacks.	00:38:23
	This request is a variance to subsection 5, point 1.1.	00:38:26
	And table 5.1, dash 1.	00:38:30
	Of the Dodge County land use code.	00:38:33
	Property location being part of the northwest quarter of the northeast quarter.	00:38:36
	Section 29.	00:38:40
	Town of Houston's.	00:38:42
	Site address being.	00:38:44
	3267 Level Valley Rd.	00:38:46
	A copy of the proposed petition is available for reviewing of County Land Resources, Parks Department.	00:38:50
	Between the hours of 8:00 AM and 4:30 PM.	00:38:55
	Monday through Friday.	00:38:58
	Of person's interests are invited to attend and be heard.	00:38:59
	Written comments may be submitted to the Dodge County Land Resource and Parks Department.	00:39:03
	At 127 E Oak St. Juno, Wisconsin.	00:39:07
	Or by e-mail no later than March 19th.	00:39:10
	2025.	00:39:13
	Dodge County Board of Addresses by William Nass, chairman.	00:39:14
	Certainly Sir County has jurisdiction over this site, as Thomas Hughes Burg has the.	00:39:19
	Adopted the county's land use code.	00:39:25
	Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code details the procedural matters.	00:39:27
	And the approval criteria for the variance process. The board shall hold a public hearing on each variance.	00:39:35
	Application and following the Public Hearing Act to approve, approve with conditions or deny the variance.	00:39:41
	Based upon the approval criteria.	00:39:46
	Of section 2.3, point 12, point E. The pounce request on February 6, 2025.	00:39:48
	An application for a variance request was submitted by the appellant with a request to the terms of the highway set back	00:39:55
	provisions.	00:39:58
	Of the Dodge County land use code to an allow in addition.	00:40:02
	To the existing principal structure that does not meet the centerline and right of way setbacks as proposed the the.	00:40:05
	Project will be 36.8 feet from the.	00:40:11
	Right of way of Level Valley Road or 5.2 feet within the required set back.	00:40:14
	And 68.7 feet from the center line of Level Valley Road or 66.3 feet within the required set back, thus prohibited by the code.	00:40:19
	This request is a variance to Section 5.1, point 1 and Table 5.1 dash one of the Dodge County Land use code.	00:40:29
	The Dodge County has jurisdiction over the site.	00:40:37
	It's Time with Houston's Fruit has adopted the county's land use code.	00:40:40
	Property is located in the A1 Prime agricultural zoning district.	00:40:43
	A farm residence is an allowed use in the.	00:40:47
	A1 zoning district.	00:40:50
	The property is presently being used for.	00:40:52
	Residential and agricultural use. Physical features.	00:40:54
	Of the 5.699 acre lot includes.	00:40:58
	Moderately sloping topography with slopes ranging from 2.2 to 4% parcel. Canadian residents and associated agricultural accessory	00:41:01
	structures.	00:41:06
	The general character of the surrounding land use is.	00:41:11
	Consists of agricultural fields and associated residences.	00:41:14
	There are other existing primary structures in the surrounding neighborhood with similar Rd. setbacks.	00:41:18
	As the one proposed with this application.	00:41:23
	Level Valley Rd. It's a town Rd.	00:41:27
	According to county records, the right of way of this location is 66 feet wide.	00:41:29
	On January 23 of 2025, an application for the land use code was.	00:41:34
	Land use permit was made by the appellant.	00:41:39
	In order they be allowed to construct an addition on the east side of the existing principal structure on this site, permit was	00:41:42
	denied by the County Land Use Administrator for the following reasons.	00:41:47
	Subsection 5.1.1 and table 5.1 dash one of the land use code. Refer to the required setbacks.	00:41:53
	From the public roads, streets and highways under Dodge County Land Use Code.	00:42:00
	The required set back from town roads are 75 feet from the center line.	00:42:05
	Or 42 feet from the right of way, whichever is greater.	00:42:09
	According to the county's records, the right of way at this location is 66 feet wide.	00:42:13
	As proposed, the addition will be located.	00:42:18
	68.	00:42:21
	.7 feet from the right of way or from the centerline.	00:42:23
	Of Level Valley Rd.	00:42:26
	Or 6.3 feet within the required set back.	00:42:27
	And 36.8 feet from the.	00:42:30
	The road right away of Level Valley Rd.	00:42:33
	Or 5.2 feet within the required set back, therefore not in compliance with the code provisions and prohibited by the code.	00:42:36
	The appellant is requesting an area variance to SUB.	00:42:44
	Section 5.1 point 1 and table 5.1 dash one of the code.	00:42:47
	Purpose Statement The highway set back provisions of the county land use Code promote a variety of public purposes.	00:42:54
	Such as providing for air, light, air and Fire Protection, Traffic Safety, prevention of overcrowding.	00:43:00
	Solving drainage problems. Protecting.	00:43:07
	The appearance and character of the neighborhood and.	00:43:10
	Considering property values, the highway set back provisions also.	00:43:13
	Provide a uniform set back for all structures.	00:43:17
	Along the roads within the county.	00:43:20
	In order they provide safe visibility while entering or exiting a site and to save taxpayers of Dodge County from purchasing non	00:43:22
	conforming structures located within the highway set back lines.	00:43:28
	When those structures need to be removed for Hwy. improvement or relocation projects.	00:43:34
	Staff advisory staff believes is.	00:43:41
	The appellant is requesting an Area variances Section 5.1, Point 1 and Table 5.1, Dash 1.	00:43:43
	Staff points out the board does not have summary power.	00:43:52
	To ignore the ordinance.	00:43:55
	Provisions or objectives?	00:43:57
	The burden also falls on the appellant to convincingly demonstrate to the Board that the literal enforcement of the land use code.	00:43:59
	Regulations would result in an unnecessary hardship.	00:44:05
	That the hardship is due to a special conditions.	00:44:08
	And the property to the property, and if granted, the variance would not be contrary to the public interest.	00:44:11
	The board should determine if the highway set back provisions.	00:44:17
	Of the code or unnecessary burdensome in this case?	00:44:20
	The board should also consider.	00:44:23
	The cost of the town.	00:44:25
	And the public of having the.	00:44:27
	Purchase the structure in the future.	00:44:29
	If the structure would need to be removed for Hwy. improvement projects.	00:44:31
	The board can make the findings and that are necessary in order.	00:44:35
	They grant a variance. In this case, the staff recommends the following conditions of approval in order to save the taxpayers cost	00:44:38
	of having to purchase this non conforming structure.	00:44:43
	In the future if this structure needs to be removed.	00:44:48
	For Hwy. improvement or relocation projects.	00:44:51
	A variance agreement, if so, requested by the Town of Hughesford.	00:44:54
	Shall be required to be recorded with the register of deeds in the amount of the proposed construction project prior to the	00:44:58
	approval of the land use permit.	00:45:02
	But the appellant, please step forward.	00:45:16
	State your name for the record please.	00:45:29
	Robert Nash.	00:45:31
	Is there any information regarding your request that you would like to add to the record at this time?	00:45:33
	Yes, the reason we're doing this is we need more room.	00:45:38
	To uh.	00:45:42
	We watch our grandchildren a lot and our house isn't very big.	00:45:44
	There's an existing porch there already.	00:45:48
	But it's.	00:45:52
	Obviously you can only use it in the middle of summer, so we want to.	00:45:53
	Add-ons. We can use it year round.	00:45:56
	The reason we want to go on that side of the house is the septic is on the north side.	00:45:59
	The well is on the West side.	00:46:05
	And there's a basement stairway that we use on the South side. So that's.	00:46:07
	Kind of the only place left to add on to the house.	00:46:12
	Is there anyone in attendance that like would like to speak in favor of this variance request?	00:46:24
	Yes.	00:46:29
	Philip Dinner, Town of Houston's, for supervisor.	00:46:30
	The board.	00:46:34
	We we were presented with with all the details.	00:46:35
	And we have no problem with the variance.	00:46:38
	What was the last name again?	00:46:42
	Philip Dayton.	00:46:43
	DA HNERT, thank you.	00:46:45
	Is there anyone else in the audience that would like to speak in favor that?	00:46:51
	This variance request.	00:46:55
	Is there anyone else in the audience that would like to?	00:46:58
	Speak in favor of this variance request for before the board.	00:47:01
	Is there anyone in the audience that would like to speak against this variance request?	00:47:08
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:47:14
	It's always asked three times.	00:47:21
	Is there anyone in the audience that would like to speak in opposition to this variance request before the board?	00:47:23
	There any written correspondence? None.	00:47:31
	Does the board have any questions of the appellant?	00:47:35
	I'm just wondering why his dear sweet wife doesn't want to join him at the table.	00:47:38
	Like public speaking. I've known that nobody does. John, did you see her shrink? We have that kind of relationship on.	00:47:43
	I mean, I do have a question. I mean is.	00:47:56
	Does useless Ford?	00:48:00
	Are they requesting that variance agreement? That the way I'd read.	00:48:02
	We'd only put that on.	00:48:05
	If you guys requested it or did you discuss that right with the variance agreement, OK.	00:48:07
	So you're in favor of the variance agreement? Well, here's the thing. Well.	00:48:13
	I'm not gonna put it on you.	00:48:16
	I'm sorry, No, no talking to me. Yeah, well, I'm not gonna ask you individually, but is that does the town?	00:48:18
	Favored the variance agreement.	00:48:26
	I mean, that would be a town question. First I heard about actually. Yep. And it's just a condition we put on there.	00:48:27
	It's it we normally put it on all.	00:48:34
	County and state roads.	00:48:35
	But it being a town Rd. it's your more your district jurisdiction.	00:48:38
	I didn't, I didn't realize it, but it probably best if we had that very good.	00:48:42
	Probably best if we have that.	00:48:48
	I mean, we don't plan.	00:48:49
	Widen that road, sure plan of fixing it, but now lighting it, widening it.	00:48:51
	I would think that would be something you'd want to discuss with the rest of the board 1st and certainly.	00:48:56
	Like, so let me ask you a question. You have to have that tonight.	00:49:02
	Well, no, we can. We can say just prior to the issuance of the of the permit, if approved, Town Board requests as if the town	00:49:06
	requires it.	00:49:11
	OK.	00:49:17
	It's not a not a deterrent to them. Not tonight, no.	00:49:18
	Any other questions from the?	00:49:22
	Board.	00:49:23
	The appellant like to make a final statement for the record.	00:49:25
	Prepared to close the public hearing of the.	00:49:33
	His hearing and deliberate on a matter of the conclusions of the law.	00:49:36
	The appellant request a subsection 5.1, point 1 and Table 5.1, dash 1.	00:49:41
	For the Dodge County Highway set back ordinance, our area variances.	00:49:47
	Yes.	00:49:52
	Is there a physical limitations uniqueness property prevents the appellant from complying with the highway set back provisions of	00:49:54
	the code?	00:49:57
	The owner explained all of them that he couldn't build any other direction.	00:50:01
	All right.	00:50:05
	Is the highway set back provisions of code unnecessarily burdensome in this case, thereby creating a hardship?	00:50:17
	Yeah, yes.	00:50:24
	He said it's never going to get any bigger.	00:50:26
	Does the appellant have other options available to construct a porch?	00:50:29
	This property? No, no.	00:50:32
	What hardship exists the variances denied?	00:50:39
	Small house, no porch.	00:50:43
	Well, not not a not of decides anyway.	00:50:45
	Project Harmful anyway the public's interest, no.	00:50:50
	Board have sufficient information to make a decision as request and you balance, yeah.	00:50:54
	Board believe the appellants variance request meets the criteria is necessary in the order to grant the variance request. Yes.	00:50:59
	So if the Board can make a finding necessary in order to grant the variance request in this case or any conditions approval	00:51:06
	necessary in this case, I would say we're going to add the one that's there.	00:51:10
	A very intricate agreement, if requested by the Town of Eustis Ford, shall be required.	00:51:16
	And I'll make that to a motion that we approve it with that.	00:51:22
	That stipulation?	00:51:26
	We got a motion made Europe.	00:51:29
	Oh, I'm sorry, I jumped the gun.	00:51:31
	Being a motion to adapt.	00:51:35
	So to approve it with.	00:51:36
	The stipulation that if uses word wants the variance agreement.	00:51:38
	That has to be added to it.	00:51:42
	2nd.	00:51:44
	Any discussion?	00:51:46
	Any discussion?	00:51:49
	Just so you know, I'm going to abstain from voting on this one.	00:51:52
	Call the roll.	00:52:00
	Rodney yes.	00:52:01
	Russell yes.	00:52:04
	Mark Yes. John, yes.	00:52:05
	And myself, I abstain.	00:52:08
	The motion is carried by a four to nothing vote.	00:52:10
	To grant the variance with the condition.	00:52:13
	As listed if required.	00:52:16
	And the landless administrators.	00:52:19
	Director, issue of land use permit incorporated.	00:52:21
	Thank you.	00:52:32
	Thank you.	00:52:34
	We will wait to hear from the town then.	00:52:39
	I'm sorry, we'll wait to hear from the town and we will construct that document for you guys. Just say yes, yes or no.	00:52:41
	To it.	00:52:48
	Sure.	00:52:58
	Anything else to come before the meeting tonight?	00:53:07
	We do have two on for next month.	00:53:10
	Do you have any ideas?	00:53:15
	One is in the.	00:53:18
	They're both in the South.	00:53:20
	Path visible. My experiences so.	00:53:21
	I don't remember what towns exactly, but the southern half.	00:53:24
	Of the county.	00:53:27
	Southeast.	00:53:29
	So in your.	00:53:30
	In your neighborhood, kind of. We'll probably meet you on site. Yeah, we'll work. We work that out later on, but yes.	00:53:31
	They are depending on what they are.	00:53:39
	Certainly.	00:53:41
	Hey, I guess then.	00:53:44
	In order to adjourn.	00:53:46
	So move second favor, say aye. All right.	00:53:48
	Opposed meeting is adjourned.	00:53:52
	Thank you, gentlemen.	00:53:55
	Andy, just so you know that.	00:53:57
	Houston Sports town chairman is.	00:53:58
	Out of out of state he goes wintering in Arizona. So I don't, it might take them a little while to get a meeting. I just, I know	00:54:01
	that for a different reason, but he's he's gone to Arizona. They will just, they just call Dave and he can do it. Well, they, they	00:54:06
	have to, you know, they have to post it or something or, you know, to get it done. So that's but that you might not hear from them	00:54:12
	for a little while, but might be a couple weeks.	00:54:18
	Well, it depends on when how fast Bob wants to get a construct I think.	00:54:25
	Think Dave's coming back by you in Lamont.	00:54:29
	Yeah, he is back the end of the month because I know they're going to the Tolerance Rd. school, but I.	00:54:32
	I talked to Ellen last week and he said he was out the sign page for this one.	00:54:36
	Nothing else on it. We could use that signature page.	00:54:44
	For one of them, so you can use it for this one for fry.	00:54:47
	And for Oxner, because Oxner's we couldn't sign on there because?	00:54:51
	Cutting everything up again.	00:54:55
	I got to get them all. I'll just get them all to you and we'll just clean them up and.	00:54:58
	So there you go.	00:55:03
	And there's.	00:55:04
	We got both minutes because there was the one from tonight right here. None of this is any good anyway because it doesn't have the	00:55:05
	right information on that can all get thrown in the garbage. You're up to date. It doesn't have the right. We didn't have the	00:55:09
	right things.	00:55:14
	We get both arms.	00:55:20
	No, we're not.	00:55:32
	Yeah, usually that's what he was going to.	00:55:38
	Where's Bryce when you need them? Yeah, I still am angry at him that he didn't push us out that day. I would have liked to see	00:55:39
	that.	00:55:43
	We got so we got stuck at that one, played a Beaver Dam. The one where.	00:55:47
	Saint Cloud State for his college and then got a free agent contract for the Cowboys for practice there during the summer.	00:55:55
	By that time, it wasn't long, it wasn't too long, but.	00:56:05
	Lady finally came out of the house. You know I can't get out and push. The lady came out of house. She's a wild push. Well then	00:56:08
	Rich was sick and was driving. This is time Rich said no, I'll push.	00:56:13
	He just got an invite to the the world's strongest man.	00:56:19
	And he's kind of an up and Comer in that.	00:56:23
	And he's like the nicest guy you'll ever meet, though. It's just kind and gentle. So I don't have anything to worry about it. But	00:56:27
	don't, don't make it mad. I drove down in him going, this is not going to be in. Yeah.	00:56:32
	That was kind of a problem, but yeah, we got stuck there, so.	00:56:39
	Whatever.	00:56:43
	And we had just talked about it like a minute before.	00:56:44
	Yeah, I told Russ Bryce before we left. I said we brought you along to push while we should have had you guys wait, and then we	00:56:48
	got stuck.	00:56:52
	With the a lot of mileage well then I told her we were stuck while she said I will.	00:56:58
	And we'll get that straightened out.	00:57:03
	Yeah, the county come over with a truck, you know, if they don't, if they don't involve water, these things are a lot easier, you	00:57:06
	know.	00:57:09
	They should have this all talked off between the neighbors. I mean, if this is going to be, this is not the place to be.	00:57:15
	You'd love together 28 years. They should have discussed this before. Exactly.	00:57:23
	It's like I said, I think I think they're worried about this.	00:57:27

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Event transcript
	Andy, what's that? We're all ready to go recording.	00:00:03
	The Dodge County Board of Adjustment is hereby called to order.	00:00:09
	We have roll call.	00:00:12
	Mark Osmond here.	00:00:14
	John.	00:00:16
	Here, Russell Cocky here.	00:00:17
	Myself here.	00:00:21
	Larry Bishop.	00:00:22
	Brad Couples alternates are not here.	00:00:24
	Are there any non committee members of the county board here?	00:00:29
	No, no.	00:00:33
	The quorum is prison.	00:00:35
	And the staff confirmed compliance with the open meeting law and public hearing. They are in compliance.	00:00:37
	Any changes to the agenda?	00:00:45
	I don't know if it changes the agenda, but I think there's.	00:00:49
	An error in these.	00:00:52
	Decision seats because.	00:00:54
	Yes, there is. Yes.	00:00:56
	Is that is that a problem? Because it says we're?	00:00:58
	They're all variances of shoreland protection and Nope, it's just for lack of time.	00:01:01
	OK. Yep, I'll get the mark, the correct ones here. Thank you. Yep.	00:01:07
	Review the minutes of the March 13th meeting.	00:01:14
	I move to accept the minutes of the approve the minutes of the March 13th meeting.	00:01:17
	Second, any discussion?	00:01:21
	Hearing that all in favor say aye aye, most motion is carried.	00:01:24
	Would you please read the hearing procedures for tonight's hearing?	00:01:29
	Today.	00:01:34
	We are meeting today.	00:01:36
	To hear the requests for modifications to the Dodge County Land Use Code, we have a series of three hearings tonight.	00:01:37
	And the procedure for these hearings will be as follows. The Chairman.	00:01:43
	Of the Board of Adjustment will read the public hearing notice after that.	00:01:46
	A staff member from the Dodge County Land Resources and Parks Department will read a report that has been prepared by the county	00:01:51
	staff regarding.	00:01:54
	The request before the board.	00:01:58
	Following the staff report, the appellant will and or his agent.	00:02:00
	Or their agent will be asked to come before the board.	00:02:04
	The appellant will be asked to state their name for the record and they may present their case to the board or add any additional	00:02:07
	information.	00:02:12
	To the record.	00:02:16
	Those in attendance Which?	00:02:18
	That we wish to speak in favor of the opposite in favor or opposition can come before the Board and speak.	00:02:20
	If you wish to speak, you will be asked to step up to the microphone in the center.	00:02:27
	Of the room and state your name and address for the record.	00:02:32
	And state your position regarding the request before the board.	00:02:35
	Please address your comments and questions to the Board and not to the appellant.	00:02:39
	You won't be allowed to speak once, so please.	00:02:44
	Be prepared to present all of your concerns and questions to the board when you speak.	00:02:47
	After those in attendance have spoken.	00:02:52
	Written correspondence that has been received.	00:02:55
	By the board, which has been.	00:02:57
	Collected by the board.	00:02:59
	Board during their on sites.	00:03:01
	Will be read into the record. The board will have an opportunity to ask.	00:03:03
	You found any questions?	00:03:07
	Following the board's questions, the appellant will be allowed to give a final statement for the record.	00:03:09
	After receiving all the testimony, the board.	00:03:14
	Will deliberate and we'll make a decision to grant grant in part or deny the variance.	00:03:17
	Request and if approved they may place conditions.	00:03:22
	On the approval.	00:03:26
	If they feel necessary to address or mitigate any potential.	00:03:28
	Adverse impacts the proposal may have on the adjacent properties.	00:03:32
	Or the community.	00:03:37
	If the variance is approved, the staff will be directed to issue.	00:03:38
	The land use permit incorporating those conditions approved by the board.	00:03:41
	Any person or persons agreed by any decisions of the Board.	00:03:46
	Of adjustment may present.	00:03:49
	To the court of record.	00:03:52
	A petition duly verifying.	00:03:53
	Setting forth that such decision is illegal and specifying the grounds of the illegality.	00:03:55
	Such petition shall be presented to the court. Circuit Court.	00:04:02
	In this county within 30 days after the filing of the decision.	00:04:06
	In the Office of the Board of Adjustment.	00:04:10
	The county assumes no liability.	00:04:13
	For and makes no warranty.	00:04:15
	As to the reliance of.	00:04:17
	On any decision if construction is commenced.	00:04:18
	Prior to the expiration date of this 30 day period.	00:04:21
	If during this meeting, the procedural questions.	00:04:25
	Or other points of order arise.	00:04:28
	The final decision of this board may be postponed until more information is gathered, considered and properly acted upon.	00:04:31
	Thank you, Andy.	00:04:42
	Notices, everybody, given that public hearing will be held by the Dodge County Board of Adjustment.	00:04:45
	On Thursday, March 20th, 2025 at 7:00 PM.	00:04:50
	Or shortly thereafter on the first floor of the Dodge County Administration Building.	00:04:53
	Juneau, WI.	00:04:57
	And the appeal of.	00:04:59
	Trish and John Fry.	00:05:00
	For a variance to the terms of the side yard set back of the Dodge County land use code.	00:05:02
	To allow construction of a commercial addition to the principal structure.	00:05:07
	As proposed, the project does not meet the required side yard set back.	00:05:12
	Property locks Property location lot B.	00:05:16
	CSM 1556 in all of lot 48 assessors flat 1.	00:05:20
	Village of Knowles, part of the southwest quarter of the Southeast Quarter section.	00:05:25
	19 town of Lamira.	00:05:30
	The site address being W2212.	00:05:32
	County Road Y.	00:05:35
	A copy of the proposed petition is available for review.	00:05:37
	In a Land County Land Resource and Parks Department between the hours of 8:00 AM and 4:30 Monday through Friday.	00:05:40
	All persons interested are invited to attend and be heard.	00:05:48
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:51
	At 127 E Oak St. Juneau, WI or by e-mail no later than March 19th.	00:05:56
	2025.	00:06:02
	Dodge County Board of Adjustment by William Nice, Chairman.	00:06:04
	Certainly, Sir.	00:06:08
	County has jurisdiction over the site, as a town of the Myra falls under the county's land use code.	00:06:11
	Review criteria subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. This procedural	00:06:15
	matters.	00:06:20
	Approval criteria for the variance process. The board shall hold no hold a public hearing on each variance application.	00:06:26
	And the following public hearing.	00:06:32
	Act to approve, approve with conditions or deny the variance based upon.	00:06:35
	The approval criteria in section 2.3, point 12, point east of the Dodge County Land Use Code.	00:06:40
	The appellants request an application for a variance request was submitted by the applicant.	00:06:46
	With the request for a variance to the terms of the side yard set back.	00:06:52
	Of the Dodge County land use code to allow a construction.	00:06:56
	Of a 40 foot by 16 foot addition to the commercial principal structure.	00:06:59
	Where said addition would be 1.5 feet from the side property line.	00:07:05
	Or 6.5 feet within the required set back and thus prohibited by the code.	00:07:10
	Features The county has jurisdiction over the site as a town of the minor has adopted the county land use code.	00:07:15
	The property is located within C1 General Commercial zoning district.	00:07:21
	Physical features of this .40 acre lot include fairly flat topography ranging from zero to 2%.	00:07:26
	Parcel contains a Tavern.	00:07:34
	And associated accessory structures.	00:07:36
	This section of County Road wise a designated.	00:07:39
	As an urbanized Rd. conditional use permit was granted for the current use in 2006.	00:07:44
	The surrounding land use is characterized by a mix of single family residences and commercial buildings.	00:07:51
	Sanitary Evaluation.	00:07:58
	Is required for the proposed addition.	00:08:00
	There's currently a holding tank on site.	00:08:03
	Subsection 8.2.1.	00:08:07
	Exempts this.	00:08:10
	Exempts this development from on.	00:08:12
	From off street parking standards.	00:08:14
	Permit history on December 30th.	00:08:17
	2024, the appellant submitted an application to the county land use.	00:08:19
	For a county land use permit and a variance to construct a 40.	00:08:24
	By 18 foot addition.	00:08:28
	To the West side of.	00:08:30
	The existing commercial structure.	00:08:32
	Staff conducted an on site inspection on January 3rd.	00:08:34
	2025 On January 8th 2025, withheld letter was sent to the property owner requesting confirmation of the lot lines by a surveyor.	00:08:38
	On January 13th.	00:08:49
	2025 the property owner called to confirm that the surveyor had marked.	00:08:51
	The property boundaries. During this call, the owner requested a revision to the proposed addition.	00:08:55
	Changing the size from 40 by 18.	00:09:00
	Feet to 40 by 16 feet.	00:09:04
	As only 17.5 feet was available between the existing structure and the western property line.	00:09:07
	An additional inspection was conducted on the property on January 17, 2025, to verify the distance.	00:09:14
	Between lot lines and proposed addition.	00:09:21
	The permit application was denied and review of the variance application began on January 20th.	00:09:24
	2025.	00:09:29
	Applicable ordinance provisions, in this case Section 5.12.	00:09:33
	Side yard setbacks for dwellings and other principal structures within the Dodge County land use.	00:09:38
	Code for the minimum set back for a dwelling or other principal structure. Two side lot lines shall be 8 feet.	00:09:43
	This permit was denied by the county land use.	00:09:50
	Administrator for the following reasons.	00:09:53
	As before, the 40 by 16 foot addition would be 1.5 feet from the West property line or 6.5 feet within the required set back as	00:09:55
	stated in section.	00:10:00
	Five point 1.2 side yard setbacks for dwellings and other principal structures.	00:10:06
	The appellant is requesting an area variance to.	00:10:12
	Sections 5.1.	00:10:14
	Of the Dodge County land use code.	00:10:16
	Thank you.	00:10:19
	Staff points out that the board does not have summary powers to ignore the provisions or objectives. The burden.	00:10:22
	Also falls on the appellant to convincingly demonstrate.	00:10:29
	To the board of literal enforcement of.	00:10:32
	The land use code in shoreline protection ordinance.	00:10:34
	As would be unnecessary hardship that the hardship is due to special conditions.	00:10:38
	Unique to the property and grant. If granted, the variance would be contrary to the public interest.	00:10:43
	It's a staff recommendations that the board grants the requested variance for this addition.	00:10:50
	It should be conditioned that a post construction plat of survey is submitted.	00:10:54
	To the department to confirm the location of the structure.	00:10:59
	Can I put your pellet please step forward?	00:11:03
	Table up here.	00:11:09
	Please state your name for the record.	00:11:20
	John Fry.	00:11:22
	And Tricia Fry.	00:11:24
	Is there any information regarding your request that you would like to add to the record at this time?	00:11:27
	Not we just.	00:11:35
	Need extra room?	00:11:38
	For cooler space for prep area.	00:11:40
	And.	00:11:44
	I guess I.	00:11:47
	Really don't know what else to say about it I mean.	00:11:49
	What are you?	00:11:57
	We're looking for an extra space for receiving.	00:12:02
	Deliveries.	00:12:05
	Prep Area.	00:12:06
	That's what we want to do with the development.	00:12:07
	Thank you.	00:12:11
	There anyone in the audience that would like to speak in favor of this variance request?	00:12:13
	I'll just step up.	00:12:19
	Please give your name.	00:12:21
	John Favorite town board.	00:12:22
	Total Wireless Chairman Robbie Privilege of being a supervisor.	00:12:24
	Property a year and a half ago about.	00:12:31
	Obviously it's gotten spectacular. All the business is gone.	00:12:34
	It's growing. We'd like to see you continue to grow in one night to encourage growth in our towns.	00:12:37
	You'd like to see them have this ability to add on and make their business.	00:12:42
	Going forward.	00:12:46
	Thank you. What was the name again?	00:12:48
	Deaf favorite chairman.	00:12:50
	Everyone else in the audience that would like to speak in favor of this request.	00:12:57
	Anyone else in the audience that would like to speak in favor of this variance request?	00:13:03
	Tony Ochsner.	00:13:08
	From Leroy, we visit their business.	00:13:09
	Quite frequently and I think they're doing a great job and I think they should be able to.	00:13:13
	Go forward with it.	00:13:17
	Anyone else in the audience that would like to speak in favor of this?	00:13:21
	Variance request.	00:13:25
	If not if.	00:13:31
	Is there anyone in attendance that would like to speak in opposition to this request?	00:13:32
	Anyone in the audience that would like to speak in opposition to this?	00:13:42
	Variance request before the board.	00:13:45
	Is there anyone in the audience that would like to speak in opposition to this variance? Of course.	00:13:48
	Request.	00:13:55
	Any written correspondence? I do have one.	00:13:59
	To County land resources as a next door neighbor, I am in favor of the addition that Trish and John want to construct.	00:14:03
	This will allow for more room for their business. This is a well run establishment.	00:14:09
	Thank you, Randy Ditburner.	00:14:13
	The board have any questions of the appellant?	00:14:21
	I guess I just have one, I mean, if this is obviously a commercial.	00:14:24
	Building umm.	00:14:27
	You're gonna need.	00:14:28
	I'd assume state.	00:14:29
	Building plans in order to do it. Do they have any problem with the proximity?	00:14:31
	Of your addition to the.	00:14:35
	To the neighboring building.	00:14:38
	No, we we have no.	00:14:41
	That you do you have.	00:14:43
	You have permits from the stage or you've looked into it already?	00:14:44
	We haven't.	00:14:47
	Looked into anything directly with the state because we didn't know if we were going to do it. We didn't want to put.	00:14:49
	Get that going before we can know if we can put the building up.	00:14:54
	I was just curious if they allow if they would allow you to be. I mean it's going to be very close to your neighbors.	00:14:59
	House. I was just curious if they allowed that, you know?	00:15:03
	As a state thing, yeah, well, it's not anywhere near his house. It's close to his shed, which is way behind his house. So I mean,	00:15:06
	there's not.	00:15:10
	It's not like it's outside of his kitchen window or anything.	00:15:15
	Anyone else have a question for the appellate?	00:15:19
	Would the like to make a final statement for the record.	00:15:25
	OK, then I'm prepared to close the public hearing part of this.	00:15:35
	Hearing and.	00:15:38
	Go to.	00:15:40
	He said another conclusions of the law.	00:15:42
	Mark, hang on a second.	00:15:44
	The appellants request.	00:15:57
	The subsection 5 point 1.2.	00:15:59
	Side yard set back zoning.	00:16:01
	Our area variances.	00:16:04
	Yes.	00:16:06
	Is there physical limitations unique this property prevents the appellant from complying with.	00:16:08
	The side yard set back provision of the code.	00:16:13
	Yeah, it doesn't have any more room, I mean.	00:16:18
	Right, he could only build on five feet or whatever it was.	00:16:20
	Other side yard set back provisions of code unnecessarily burdensome in this case, thereby creating a hardship.	00:16:26
	Can it can expand?	00:16:33
	Yeah.	00:16:35
	Does the appellant have other options available to construct the building?	00:16:42
	On this lot.	00:16:46
	No.	00:16:47
	Not of that size anyway.	00:16:48
	What hardship exists? The variances is denied.	00:16:50
	Act on it. Unable to expand again, yeah.	00:16:55
	Loss of business.	00:16:57
	Is the project harmful in any way the public's interests?	00:17:04
	Not from what we heard, no. Everyone seems to be encouraging.	00:17:07
	Does the board have sufficient information to make decision in this request? Yes. Yes.	00:17:12
	Does the Board believe the appellants variance request meets the criteria that is necessary in order to grant the variance	00:17:18
	request?	00:17:20
	If the board can make can make the findings necessary in order to grant the variance request in this case.	00:17:29
	Any conditions of approval necessary to.	00:17:34
	Be tagged on to it and I would say at that point the.	00:17:38
	This had written it the required survey or whatever? Yeah, the required survey.	00:17:42
	Post construction survey to be attached to this.	00:17:47
	OK, I'm looking for a motion to either approve or deny the variance.	00:17:56
	For as a set back also move to approve.	00:18:00
	2nd.	00:18:03
	Motion made and 2nd is any more discussion?	00:18:05
	Tonight, I'll call the roll.	00:18:11
	Rodney yes.	00:18:13
	Russell yes.	00:18:15
	Mark yes.	00:18:17
	John yes.	00:18:19
	And myself votes yes.	00:18:20
	The motion is carried by a 5 to 0 vote.	00:18:23
	So the variance is granted. Variance request is granted as proposed.	00:18:27
	With the condition of the condition survey.	00:18:32
	And the board land your use administrators directed to the history land use tribute.	00:18:36
	Incorporating the decision of the Board.	00:18:41
	Thank you.	00:18:45
	Thank you.	00:18:46
	We'll have to rectify them in what's that? I've got notes in there for what I had so.	00:18:58
	OK, I will change this guy. Change. Let me know when I'll come in.	00:19:04
	OK.	00:19:09
	It will be much early.	00:19:10
	Yeah, that's fine.	00:19:12
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment.	00:19:17
	On Thursday, March 20th, 2025 at 7:15 PM.	00:19:22
	Or shortly thereafter on the first floor of the Dodge County Administration Building, Juno, Wisconsin.	00:19:26
	On the appeal of John and Margaret Ochsner.	00:19:32
	2010 Irrevocable Trust.	00:19:36
	For a variance to the terms of the accessory structure provisions.	00:19:39
	As a Dodge County land use code.	00:19:42
	To allow an assistant.	00:19:45
	An accessory structure.	00:19:47
	To exist on a newly created lot that does not have a principal, use.	00:19:49
	And principal structure that has been.	00:19:54
	Established or permitted?	00:19:56
	The request is a variance to subsection 5.2, point 2 for the Dodge County Land Use code.	00:19:58
	Property location is Lot 1.	00:20:05
	CSM 2672.	00:20:08
	Being part of the Northwest quarter, Northwest quarter.	00:20:10
	Section 26. Town of Leroy, the address being.	00:20:13
	And 1:04 3/4.	00:20:18
	A copy of the proposed petition is available for review in the.	00:20:21
	County Land Resources and Parks Department.	00:20:24
	20 hours of 8:00 AM at 4:30 PM, Monday through Friday.	00:20:27
	Whole person's interests are invited to attend and be heard.	00:20:31
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:20:34
	At 127 E Oak St. Juneau, WI or by e-mail no later than March 19th, 2025.	00:20:38
	Dash County Board of Adjustment by William Nice, chairman.	00:20:45
	Step Unfortunately county has jurisdiction over This site is telling Leroy has adopted the land use code.	00:20:55
	Subsection 2.3 point 12 point A through 2.3 point 12 point G of the Dodge County Land Use code. This procedural matters and this	00:21:02
	approval criteria for the variance process. Portional public hearing.	00:21:09
	On each variance application following the public hearing to act to approve, approve of conditions, or deny the variance based	00:21:16
	upon the.	00:21:19
	Approval criteria.	00:21:23
	Of section 2.3, point 12, point E of the Dodge County Land Use Code.	00:21:25
	On January 29th, 2025, an application for a variance was request was submitted by the appellant.	00:21:30
	With a request to the terms of the accessory structure provisions of the Dodge County Land Use Code to allow an accessory	00:21:37
	structure to exist.	00:21:41
	On a newly created lot that does not have a principal.	00:21:45
	Use and the principal structure.	00:21:48
	That has been established or permitted.	00:21:52
	And thus prohibited by the code. The request is a variance to subsection.	00:21:55
	5.2 point two of the Dodge County land use code.	00:21:59
	Features the Dodge. The county has jurisdiction of the site as a town of Leroy has adopted the county's land use code. The	00:22:03
	property is located in the R1 single family residential district.	00:22:08
	The property is presently being used for residential use on the South end.	00:22:14
	In a Carpenter shop on the North End.	00:22:18
	The physical features of this point 705 acre lot includes A generally sloping topography ranging from zero to 2%.	00:22:20
	The parcel contains the residence.	00:22:28
	And an associated accessory structure.	00:22:30
	The general character of the surrounding land use consists of a single residences, single family residences.	00:22:33
	To north and West, and agricultural uses to the east and South.	00:22:38
	On January 29th.	00:22:44
	2025 an application for a Minor Land Division letter of Intent was made by the appellant in order they be allowed to divide the	00:22:47
	existing parcel into two separate parcels.	00:22:52
	With the new southern parcel containing the house and the new northern parcel containing the Carpenter shop.	00:22:57
	The piece of land that connects the 2 is proposed to be transferred to the parcel at N 0.	00:23:03
	10450 Meadow Lane parcel.	00:23:09
	#2.	00:23:13
	028-1316-2622.	00:23:14
	Dash 03.	00:23:20
	The land division was denied.	00:23:22
	By the county land use.	00:23:24
	Administrator for the following reasons.	00:23:26
	Subsection 5.2, point two of the Dodge County Land Use Code states in accordance with the section 6 point.	00:23:29
	3.2 of this code no accessory structure shall be established and no accessory.	00:23:36
	Structure shall be allowed on a subject parcel.	00:23:42
	Until all require permits and approvals for the principal use.	00:23:45
	Or activity have been obtained and the principal structure is under construction or has been established.	00:23:50
	If the lots were to be split, the new lot.	00:23:56
	To the north would contain an accessory structure without having an established.	00:24:00
	Primary use and therefore.	00:24:03
	Is prohibited by the ordinance.	00:24:06
	He found is requesting an area variance to subsection 5.2, point two of the Dodge County Land Use code.	00:24:08
	Purpose statement.	00:24:16
	Section 5.2, point two of the Dodge County Land Use code.	00:24:18
	Prohibits accessory uses.	00:24:22
	To be established and no accessory structure shall be allowed on a parcel until a principal use is established.	00:24:24
	The purpose of an establishing a primary use.	00:24:30
	Before permitting an accessory, use is to ensure.	00:24:33
	That the fundamental character and intent of the zoning district is maintained.	00:24:37
	In the case of an R1 single family residential district.	00:24:41
	The primary use is.	00:24:45
	Development of single family residence.	00:24:47
	This primary use must be established first to ensure that.	00:24:50
	The accessory uses, such as garages or sheds, are secondary and complementary to the residential character of the property.	00:24:54
	This approach prevents the use.	00:25:02
	Of land for purposes that could undermine the intended residential character and density of the area.	00:25:04
	Staff believes that the appellant is requesting an area variance.	00:25:11
	The two subsection 5.2 point two of the land use code.	00:25:15
	Staff points out that the Board does not have summary power to ignore the provisions of the OR objectives of the of the.	00:25:18
	Ordinance if the burden shall also falls upon the appellant to convincingly demonstrate.	00:25:25
	To this board that a literal enforcement of the both the land use code.	00:25:30
	Would result in an unnecessary hardship.	00:25:35
	Due to special conditions.	00:25:37
	Unique to the property if granted, and the variance should be contrary to the public interest.	00:25:39
	For the appellant, please step forward.	00:25:51
	State your name for the record, please, Anthony J Ochsner.	00:26:06
	John A Ochsner.	00:26:10
	Is there any information regarding your request that you would like to add to the record at this time?	00:26:13
	No, other than we just want to split the properties from when our parents are no longer with us that we can.	00:26:18
	Keep the shop and the family.	00:26:25
	And sell the house off at some point.	00:26:27
	That it. That's it.	00:26:33
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:26:35
	I believe that it would take a lot of burden off this pay off their parents if we could make this division. Right now it's causing	00:26:43
	them a lot of stress.	00:26:48
	And I just think it would be good for all the families.	00:26:54
	There anyone else in attendance? I would like to speak in favor of this request.	00:27:00
	I don't know if I.	00:27:05
	Not necessarily against it or for it, I just.	00:27:07
	Any of questions on?	00:27:11
	What happens?	00:27:12
	If you say, it can be.	00:27:14
	Be divided.	00:27:15
	Like, can a business ever go in there?	00:27:17
	Garage if they wanted to sell it.	00:27:20
	You know that might impact.	00:27:23
	Our house that's right next to.	00:27:25
	Your your name please.	00:27:29
	Dara D, Arkansas RA.	00:27:30
	Weinberg.	00:27:34
	The they're just asking for a separation of the two lots. They're not asking for a rezone.	00:27:41
	And it's the currently it's an R1 single family residential.	00:27:47
	So.	00:27:53
	Only the uses allowed in that zoning district would be allowed unless they asked for a rezone or a conditional use permit.	00:27:54
	So and in that instance would be another public hearing.	00:28:01
	Oh, all right. And then like the back.	00:28:04
	That back six that.	00:28:07
	They we would have to pay for that then.	00:28:09
	If they divided their lives.	00:28:12
	You're the one receiving the land then.	00:28:14
	I, I don't know how that would happen handle there's there's no intention for any money. I want to give that to them so that we	00:28:17
	have three separate lots.	00:28:22
	So that that's.	00:28:28
	I don't know.	00:28:30
	What do we have to do?	00:28:31
	To give this to them, I'm not sure you guys got to tell me that would be a Terry Oaks question and.	00:28:33
	I have talked to Terry about this so and only thing I got out of Terry was.	00:28:40
	That's the next project.	00:28:46
	Well, if this passes then then we'll we'll move on to that, right? Right.	00:28:48
	But it sounds like it's their attention to no fee.	00:28:53
	Transfer it to yours and whatever whatever vehicle that is.	00:28:56
	On our end.	00:29:00
	Will be on him.	00:29:02
	I just didn't know if you if we would end up having to pay them like fair market value or something like doesn't sound like it's	00:29:03
	this intentions. You know, from what Terry told me, there has to be like a $1.00 exchange. Well, I'll, I'll give him the dollar he	00:29:08
	give back to me.	00:29:13
	I don't care, you know?	00:29:18
	Just we just want to.	00:29:19
	Fix this the way it should be, you know.	00:29:22
	And what about the?	00:29:28
	Driveway, then you.	00:29:29
	That can't be split, right?	00:29:30
	Like he couldn't put a fence up down the middle and we couldn't put a fence up down the mill, right?	00:29:32
	Which driver were you talking about?	00:29:38
	A property line is a property line in our eyes.	00:29:45
	If you want to do.	00:29:48
	Easement, yeah.	00:29:51
	Ingress egress easement between the two of you.	00:29:53
	You know would be the.	00:29:56
	The safest way to our way. We have no intention. It's been this way. They've been there for 28 years.	00:29:58
	I blow the driveway.	00:30:05
	The whole basically the whole thing. There's no Yeah, today you did. It's so warm out. I don't want.	00:30:07
	I don't need to blow it today. We always take the personality out of it, and if you want a legal separation of it, you put an	00:30:13
	easement in there. Yeah, I don't see it being an issue. I really don't.	00:30:19
	I just, I'm just asking questions because I don't know how any of this works, you know?	00:30:25
	So it'd be fine.	00:30:31
	Anyone else care to speak or ask any questions on this?	00:30:35
	Appearance request.	00:30:38
	Board have any oh is there any written?	00:30:55
	No, no written correspondence.	00:30:57
	Does the board have any questions of the appellant?	00:30:59
	With the appellant like to make a final statement for the record.	00:31:07
	No, I have nothing to say.	00:31:14
	Could I get the other gentleman's name?	00:31:17
	John.	00:31:19
	Oxnard, Yeah. OK, This is my brother.	00:31:20
	OK if there are no other statements.	00:31:28
	And prepared to close the public hearing portion of the.	00:31:30
	Hearing and we'll go into.	00:31:33
	Conclusions of the law.	00:31:36
	The appellant request to subsection 5, point 2.2, Land Use Code.	00:31:39
	Are is an area variance?	00:31:44
	Yes, yes, Sir.	00:31:46
	Physical limitations unique This property prevents the appellant from complying with the.	00:31:48
	Accessory structure provisions of the code.	00:31:52
	Yes, yes.	00:31:56
	Are the accessory structure provisions of the code unnecessarily burdensome in this case, thereby creating the hardship?	00:32:00
	Let's say yes, there's no way on that lot, there's no way he can put another building. I mean, that's, that's the uniqueness of	00:32:09
	it. They know that's.	00:32:13
	The the only way they could do anything with it at all is the CU P to become something because it's a residential lot. Yeah, the	00:32:19
	issue is.	00:32:22
	You know, this probably shouldn't have been done. Whatever was done years ago, yeah, that's not something we could solve at this	00:32:27
	point. You know, it shouldn't have been allowed that way with that little.	00:32:31
	Strip between there. I mean, that was just a.	00:32:36
	A way to get it through and that's.	00:32:38
	Does the appellant have other options available to allow this new lot to be established?	00:32:49
	What hardship exists of variances denied?	00:32:56
	Can't split the property and split it, yeah.	00:32:59
	Is a project harmful to any way the public's interest?	00:33:08
	I would say it's not, other than the notes of the neighbor making sure that happened.	00:33:12
	You know, seems to be.	00:33:17
	Amicable now.	00:33:19
	As long as there's no attempt to rezone it or something like that, that's yeah, you know, we can't.	00:33:21
	We can't foresee the future either, can we?	00:33:26
	In the end of this, can we?	00:33:29
	Strongly urge them to do a.	00:33:31
	Easement.	00:33:33
	You could put any conditions on there you'd like.	00:33:35
	You know, easement for the driveway, I think that would be.	00:33:38
	It isn't for the two living there now for you.	00:33:42
	But it would be for when and if anything ever got sold. Sure, That way you're protecting.	00:33:45
	All interests at that point in time. I'm with you. I'm all for a driveway green. It's just a shared driveway is never.	00:33:50
	They don't always workout real well. No, no. And I get that. And I want one, Yeah.	00:33:58
	So is an easement different than a?	00:34:04
	An easement, just what it amounts to is it gives.	00:34:09
	A written document that says you have a right to drive across this property. It'll be placed right on on the deeds for both.	00:34:11
	Both parts correct. The best easements that I've seen are ones that.	00:34:19
	You know.	00:34:24
	Describe what?	00:34:25
	What uses are allowed and then?	00:34:26
	Maintenance.	00:34:29
	And repair as well.	00:34:30
	Because that always where, yeah, that's where the things come in and things get a little hairy sometimes is.	00:34:33
	What happens if the driveway breaks up or something like that? Sure.	00:34:39
	So little projects not harmful.	00:34:45
	Does the board have sufficient information to make a decision on this request? Yes. Yes.	00:34:48
	The Board believe the appellants variance request meets the criteria necessary in order to grant the variance request. Yes.	00:34:53
	If the Board can find make the findings necessary to grant the variance request in this case or any conditions of approval	00:35:01
	necessary in this case to mitigate any potential adverse impacts.	00:35:05
	The result from this proposed development request.	00:35:10
	Like the easement?	00:35:12
	Yes.	00:35:15
	Up to you, Bill.	00:35:18
	OK, I'm going to be waiting for a motion to approve or deny the.	00:35:20
	Variance, so move to approve.	00:35:25
	2nd.	00:35:29
	Motion is made and seconded to.	00:35:30
	Grant the variance with the.	00:35:32
	Condition of a driveway. The driveway easement.	00:35:34
	Anymore discussion?	00:35:37
	Hearing none, then I will.	00:35:41
	Call the roll, Rodney. Yes.	00:35:43
	Russell yes.	00:35:46
	Mark Yes. John, yes.	00:35:47
	And myself, yes.	00:35:50
	The motion is carried to.	00:35:52
	Proves a variance.	00:35:54
	With the condition by a 5 to 0 vote.	00:35:55
	And uh.	00:35:58
	Subject to the variance or the condition.	00:36:03
	And the land use administrators directly issue a land use permit incorporating the decision of the board. I don't think they need	00:36:06
	a land use permit.	00:36:09
	Division.	00:36:27
	I asked one last question.	00:36:35
	Public hearing.	00:36:39
	Is closed. We have.	00:36:40
	A driveway agreement, OK.	00:36:43
	But it was done 28 years ago.	00:36:46
	Since then.	00:36:50
	It was put into the irrevocable trust.	00:36:51
	OK.	00:36:55
	So we we have a driving driveway agreement that they can sign.	00:36:57
	But it's from 28 years ago. Is that going to matter to you guys or do we got to get a lawyer? And I think that I think that's your	00:37:03
	best option is.	00:37:07
	Some legal advice?	00:37:12
	Yeah.	00:37:14
	Okie, Dokie, Thank you.	00:37:16
	Have a good evening. Thank you.	00:37:18
	Number 3.	00:37:20
	This is Shoreline Protection Act.	00:37:30
	You're doing a good job of thinking.	00:37:36
	I just yeah, numbers.	00:37:38
	I don't know where they went. I know I did them.	00:37:41
	Notice is here right given that a public hearing will be held by the Dodge County Board of Adjustment.	00:37:52
	And Thursday, March 20th, 2025 at 7:00 PM OR.	00:37:57
	Shortly thereafter, on the first floor of the.	00:38:01
	County administration building, Juno, Wisconsin.	00:38:04
	And the appeal of Robert W and Jody are not Nas family trust dated.	00:38:07
	June 11th, 8/19/98.	00:38:12
	For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code.	00:38:14
	To allow in addition.	00:38:20
	To an existing primary structure.	00:38:21
	That would not meet current setbacks.	00:38:23
	This request is a variance to subsection 5, point 1.1.	00:38:26
	And table 5.1, dash 1.	00:38:30
	Of the Dodge County land use code.	00:38:33
	Property location being part of the northwest quarter of the northeast quarter.	00:38:36
	Section 29.	00:38:40
	Town of Houston's.	00:38:42
	Site address being.	00:38:44
	3267 Level Valley Rd.	00:38:46
	A copy of the proposed petition is available for reviewing of County Land Resources, Parks Department.	00:38:50
	Between the hours of 8:00 AM and 4:30 PM.	00:38:55
	Monday through Friday.	00:38:58
	Of person's interests are invited to attend and be heard.	00:38:59
	Written comments may be submitted to the Dodge County Land Resource and Parks Department.	00:39:03
	At 127 E Oak St. Juno, Wisconsin.	00:39:07
	Or by e-mail no later than March 19th.	00:39:10
	2025.	00:39:13
	Dodge County Board of Addresses by William Nass, chairman.	00:39:14
	Certainly Sir County has jurisdiction over this site, as Thomas Hughes Burg has the.	00:39:19
	Adopted the county's land use code.	00:39:25
	Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code details the procedural matters.	00:39:27
	And the approval criteria for the variance process. The board shall hold a public hearing on each variance.	00:39:35
	Application and following the Public Hearing Act to approve, approve with conditions or deny the variance.	00:39:41
	Based upon the approval criteria.	00:39:46
	Of section 2.3, point 12, point E. The pounce request on February 6, 2025.	00:39:48
	An application for a variance request was submitted by the appellant with a request to the terms of the highway set back	00:39:55
	provisions.	00:39:58
	Of the Dodge County land use code to an allow in addition.	00:40:02
	To the existing principal structure that does not meet the centerline and right of way setbacks as proposed the the.	00:40:05
	Project will be 36.8 feet from the.	00:40:11
	Right of way of Level Valley Road or 5.2 feet within the required set back.	00:40:14
	And 68.7 feet from the center line of Level Valley Road or 66.3 feet within the required set back, thus prohibited by the code.	00:40:19
	This request is a variance to Section 5.1, point 1 and Table 5.1 dash one of the Dodge County Land use code.	00:40:29
	The Dodge County has jurisdiction over the site.	00:40:37
	It's Time with Houston's Fruit has adopted the county's land use code.	00:40:40
	Property is located in the A1 Prime agricultural zoning district.	00:40:43
	A farm residence is an allowed use in the.	00:40:47
	A1 zoning district.	00:40:50
	The property is presently being used for.	00:40:52
	Residential and agricultural use. Physical features.	00:40:54
	Of the 5.699 acre lot includes.	00:40:58
	Moderately sloping topography with slopes ranging from 2.2 to 4% parcel. Canadian residents and associated agricultural accessory	00:41:01
	structures.	00:41:06
	The general character of the surrounding land use is.	00:41:11
	Consists of agricultural fields and associated residences.	00:41:14
	There are other existing primary structures in the surrounding neighborhood with similar Rd. setbacks.	00:41:18
	As the one proposed with this application.	00:41:23
	Level Valley Rd. It's a town Rd.	00:41:27
	According to county records, the right of way of this location is 66 feet wide.	00:41:29
	On January 23 of 2025, an application for the land use code was.	00:41:34
	Land use permit was made by the appellant.	00:41:39
	In order they be allowed to construct an addition on the east side of the existing principal structure on this site, permit was	00:41:42
	denied by the County Land Use Administrator for the following reasons.	00:41:47
	Subsection 5.1.1 and table 5.1 dash one of the land use code. Refer to the required setbacks.	00:41:53
	From the public roads, streets and highways under Dodge County Land Use Code.	00:42:00
	The required set back from town roads are 75 feet from the center line.	00:42:05
	Or 42 feet from the right of way, whichever is greater.	00:42:09
	According to the county's records, the right of way at this location is 66 feet wide.	00:42:13
	As proposed, the addition will be located.	00:42:18
	68.	00:42:21
	.7 feet from the right of way or from the centerline.	00:42:23
	Of Level Valley Rd.	00:42:26
	Or 6.3 feet within the required set back.	00:42:27
	And 36.8 feet from the.	00:42:30
	The road right away of Level Valley Rd.	00:42:33
	Or 5.2 feet within the required set back, therefore not in compliance with the code provisions and prohibited by the code.	00:42:36
	The appellant is requesting an area variance to SUB.	00:42:44
	Section 5.1 point 1 and table 5.1 dash one of the code.	00:42:47
	Purpose Statement The highway set back provisions of the county land use Code promote a variety of public purposes.	00:42:54
	Such as providing for air, light, air and Fire Protection, Traffic Safety, prevention of overcrowding.	00:43:00
	Solving drainage problems. Protecting.	00:43:07
	The appearance and character of the neighborhood and.	00:43:10
	Considering property values, the highway set back provisions also.	00:43:13
	Provide a uniform set back for all structures.	00:43:17
	Along the roads within the county.	00:43:20
	In order they provide safe visibility while entering or exiting a site and to save taxpayers of Dodge County from purchasing non	00:43:22
	conforming structures located within the highway set back lines.	00:43:28
	When those structures need to be removed for Hwy. improvement or relocation projects.	00:43:34
	Staff advisory staff believes is.	00:43:41
	The appellant is requesting an Area variances Section 5.1, Point 1 and Table 5.1, Dash 1.	00:43:43
	Staff points out the board does not have summary power.	00:43:52
	To ignore the ordinance.	00:43:55
	Provisions or objectives?	00:43:57
	The burden also falls on the appellant to convincingly demonstrate to the Board that the literal enforcement of the land use code.	00:43:59
	Regulations would result in an unnecessary hardship.	00:44:05
	That the hardship is due to a special conditions.	00:44:08
	And the property to the property, and if granted, the variance would not be contrary to the public interest.	00:44:11
	The board should determine if the highway set back provisions.	00:44:17
	Of the code or unnecessary burdensome in this case?	00:44:20
	The board should also consider.	00:44:23
	The cost of the town.	00:44:25
	And the public of having the.	00:44:27
	Purchase the structure in the future.	00:44:29
	If the structure would need to be removed for Hwy. improvement projects.	00:44:31
	The board can make the findings and that are necessary in order.	00:44:35
	They grant a variance. In this case, the staff recommends the following conditions of approval in order to save the taxpayers cost	00:44:38
	of having to purchase this non conforming structure.	00:44:43
	In the future if this structure needs to be removed.	00:44:48
	For Hwy. improvement or relocation projects.	00:44:51
	A variance agreement, if so, requested by the Town of Hughesford.	00:44:54
	Shall be required to be recorded with the register of deeds in the amount of the proposed construction project prior to the	00:44:58
	approval of the land use permit.	00:45:02
	But the appellant, please step forward.	00:45:16
	State your name for the record please.	00:45:29
	Robert Nash.	00:45:31
	Is there any information regarding your request that you would like to add to the record at this time?	00:45:33
	Yes, the reason we're doing this is we need more room.	00:45:38
	To uh.	00:45:42
	We watch our grandchildren a lot and our house isn't very big.	00:45:44
	There's an existing porch there already.	00:45:48
	But it's.	00:45:52
	Obviously you can only use it in the middle of summer, so we want to.	00:45:53
	Add-ons. We can use it year round.	00:45:56
	The reason we want to go on that side of the house is the septic is on the north side.	00:45:59
	The well is on the West side.	00:46:05
	And there's a basement stairway that we use on the South side. So that's.	00:46:07
	Kind of the only place left to add on to the house.	00:46:12
	Is there anyone in attendance that like would like to speak in favor of this variance request?	00:46:24
	Yes.	00:46:29
	Philip Dinner, Town of Houston's, for supervisor.	00:46:30
	The board.	00:46:34
	We we were presented with with all the details.	00:46:35
	And we have no problem with the variance.	00:46:38
	What was the last name again?	00:46:42
	Philip Dayton.	00:46:43
	DA HNERT, thank you.	00:46:45
	Is there anyone else in the audience that would like to speak in favor that?	00:46:51
	This variance request.	00:46:55
	Is there anyone else in the audience that would like to?	00:46:58
	Speak in favor of this variance request for before the board.	00:47:01
	Is there anyone in the audience that would like to speak against this variance request?	00:47:08
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:47:14
	It's always asked three times.	00:47:21
	Is there anyone in the audience that would like to speak in opposition to this variance request before the board?	00:47:23
	There any written correspondence? None.	00:47:31
	Does the board have any questions of the appellant?	00:47:35
	I'm just wondering why his dear sweet wife doesn't want to join him at the table.	00:47:38
	Like public speaking. I've known that nobody does. John, did you see her shrink? We have that kind of relationship on.	00:47:43
	I mean, I do have a question. I mean is.	00:47:56
	Does useless Ford?	00:48:00
	Are they requesting that variance agreement? That the way I'd read.	00:48:02
	We'd only put that on.	00:48:05
	If you guys requested it or did you discuss that right with the variance agreement, OK.	00:48:07
	So you're in favor of the variance agreement? Well, here's the thing. Well.	00:48:13
	I'm not gonna put it on you.	00:48:16
	I'm sorry, No, no talking to me. Yeah, well, I'm not gonna ask you individually, but is that does the town?	00:48:18
	Favored the variance agreement.	00:48:26
	I mean, that would be a town question. First I heard about actually. Yep. And it's just a condition we put on there.	00:48:27
	It's it we normally put it on all.	00:48:34
	County and state roads.	00:48:35
	But it being a town Rd. it's your more your district jurisdiction.	00:48:38
	I didn't, I didn't realize it, but it probably best if we had that very good.	00:48:42
	Probably best if we have that.	00:48:48
	I mean, we don't plan.	00:48:49
	Widen that road, sure plan of fixing it, but now lighting it, widening it.	00:48:51
	I would think that would be something you'd want to discuss with the rest of the board 1st and certainly.	00:48:56
	Like, so let me ask you a question. You have to have that tonight.	00:49:02
	Well, no, we can. We can say just prior to the issuance of the of the permit, if approved, Town Board requests as if the town	00:49:06
	requires it.	00:49:11
	OK.	00:49:17
	It's not a not a deterrent to them. Not tonight, no.	00:49:18
	Any other questions from the?	00:49:22
	Board.	00:49:23
	The appellant like to make a final statement for the record.	00:49:25
	Prepared to close the public hearing of the.	00:49:33
	His hearing and deliberate on a matter of the conclusions of the law.	00:49:36
	The appellant request a subsection 5.1, point 1 and Table 5.1, dash 1.	00:49:41
	For the Dodge County Highway set back ordinance, our area variances.	00:49:47
	Yes.	00:49:52
	Is there a physical limitations uniqueness property prevents the appellant from complying with the highway set back provisions of	00:49:54
	the code?	00:49:57
	The owner explained all of them that he couldn't build any other direction.	00:50:01
	All right.	00:50:05
	Is the highway set back provisions of code unnecessarily burdensome in this case, thereby creating a hardship?	00:50:17
	Yeah, yes.	00:50:24
	He said it's never going to get any bigger.	00:50:26
	Does the appellant have other options available to construct a porch?	00:50:29
	This property? No, no.	00:50:32
	What hardship exists the variances denied?	00:50:39
	Small house, no porch.	00:50:43
	Well, not not a not of decides anyway.	00:50:45
	Project Harmful anyway the public's interest, no.	00:50:50
	Board have sufficient information to make a decision as request and you balance, yeah.	00:50:54
	Board believe the appellants variance request meets the criteria is necessary in the order to grant the variance request. Yes.	00:50:59
	So if the Board can make a finding necessary in order to grant the variance request in this case or any conditions approval	00:51:06
	necessary in this case, I would say we're going to add the one that's there.	00:51:10
	A very intricate agreement, if requested by the Town of Eustis Ford, shall be required.	00:51:16
	And I'll make that to a motion that we approve it with that.	00:51:22
	That stipulation?	00:51:26
	We got a motion made Europe.	00:51:29
	Oh, I'm sorry, I jumped the gun.	00:51:31
	Being a motion to adapt.	00:51:35
	So to approve it with.	00:51:36
	The stipulation that if uses word wants the variance agreement.	00:51:38
	That has to be added to it.	00:51:42
	2nd.	00:51:44
	Any discussion?	00:51:46
	Any discussion?	00:51:49
	Just so you know, I'm going to abstain from voting on this one.	00:51:52
	Call the roll.	00:52:00
	Rodney yes.	00:52:01
	Russell yes.	00:52:04
	Mark Yes. John, yes.	00:52:05
	And myself, I abstain.	00:52:08
	The motion is carried by a four to nothing vote.	00:52:10
	To grant the variance with the condition.	00:52:13
	As listed if required.	00:52:16
	And the landless administrators.	00:52:19
	Director, issue of land use permit incorporated.	00:52:21
	Thank you.	00:52:32
	Thank you.	00:52:34
	We will wait to hear from the town then.	00:52:39
	I'm sorry, we'll wait to hear from the town and we will construct that document for you guys. Just say yes, yes or no.	00:52:41
	To it.	00:52:48
	Sure.	00:52:58
	Anything else to come before the meeting tonight?	00:53:07
	We do have two on for next month.	00:53:10
	Do you have any ideas?	00:53:15
	One is in the.	00:53:18
	They're both in the South.	00:53:20
	Path visible. My experiences so.	00:53:21
	I don't remember what towns exactly, but the southern half.	00:53:24
	Of the county.	00:53:27
	Southeast.	00:53:29
	So in your.	00:53:30
	In your neighborhood, kind of. We'll probably meet you on site. Yeah, we'll work. We work that out later on, but yes.	00:53:31
	They are depending on what they are.	00:53:39
	Certainly.	00:53:41
	Hey, I guess then.	00:53:44
	In order to adjourn.	00:53:46
	So move second favor, say aye. All right.	00:53:48
	Opposed meeting is adjourned.	00:53:52
	Thank you, gentlemen.	00:53:55
	Andy, just so you know that.	00:53:57
	Houston Sports town chairman is.	00:53:58
	Out of out of state he goes wintering in Arizona. So I don't, it might take them a little while to get a meeting. I just, I know	00:54:01
	that for a different reason, but he's he's gone to Arizona. They will just, they just call Dave and he can do it. Well, they, they	00:54:06
	have to, you know, they have to post it or something or, you know, to get it done. So that's but that you might not hear from them	00:54:12
	for a little while, but might be a couple weeks.	00:54:18
	Well, it depends on when how fast Bob wants to get a construct I think.	00:54:25
	Think Dave's coming back by you in Lamont.	00:54:29
	Yeah, he is back the end of the month because I know they're going to the Tolerance Rd. school, but I.	00:54:32
	I talked to Ellen last week and he said he was out the sign page for this one.	00:54:36
	Nothing else on it. We could use that signature page.	00:54:44
	For one of them, so you can use it for this one for fry.	00:54:47
	And for Oxner, because Oxner's we couldn't sign on there because?	00:54:51
	Cutting everything up again.	00:54:55
	I got to get them all. I'll just get them all to you and we'll just clean them up and.	00:54:58
	So there you go.	00:55:03
	And there's.	00:55:04
	We got both minutes because there was the one from tonight right here. None of this is any good anyway because it doesn't have the	00:55:05
	right information on that can all get thrown in the garbage. You're up to date. It doesn't have the right. We didn't have the	00:55:09
	right things.	00:55:14
	We get both arms.	00:55:20
	No, we're not.	00:55:32
	Yeah, usually that's what he was going to.	00:55:38
	Where's Bryce when you need them? Yeah, I still am angry at him that he didn't push us out that day. I would have liked to see	00:55:39
	that.	00:55:43
	We got so we got stuck at that one, played a Beaver Dam. The one where.	00:55:47
	Saint Cloud State for his college and then got a free agent contract for the Cowboys for practice there during the summer.	00:55:55
	By that time, it wasn't long, it wasn't too long, but.	00:56:05
	Lady finally came out of the house. You know I can't get out and push. The lady came out of house. She's a wild push. Well then	00:56:08
	Rich was sick and was driving. This is time Rich said no, I'll push.	00:56:13
	He just got an invite to the the world's strongest man.	00:56:19
	And he's kind of an up and Comer in that.	00:56:23
	And he's like the nicest guy you'll ever meet, though. It's just kind and gentle. So I don't have anything to worry about it. But	00:56:27
	don't, don't make it mad. I drove down in him going, this is not going to be in. Yeah.	00:56:32
	That was kind of a problem, but yeah, we got stuck there, so.	00:56:39
	Whatever.	00:56:43
	And we had just talked about it like a minute before.	00:56:44
	Yeah, I told Russ Bryce before we left. I said we brought you along to push while we should have had you guys wait, and then we	00:56:48
	got stuck.	00:56:52
	With the a lot of mileage well then I told her we were stuck while she said I will.	00:56:58
	And we'll get that straightened out.	00:57:03
	Yeah, the county come over with a truck, you know, if they don't, if they don't involve water, these things are a lot easier, you	00:57:06
	know.	00:57:09
	They should have this all talked off between the neighbors. I mean, if this is going to be, this is not the place to be.	00:57:15
	You'd love together 28 years. They should have discussed this before. Exactly.	00:57:23
	It's like I said, I think I think they're worried about this.	00:57:27