Transcript

Event transcript
Yeah, Congressional money. 00:00:00
The meeting of the Dodge County Board of Adjustment is hereby called to order. 00:00:24
Roll call Mark Rossmer. 00:00:28
John Shane. IKEA. 00:00:31
Russ had key here, Rodney Johnson here, myself here. 00:00:33
Very Bishop excused and barely false excused. 00:00:37
Any non committee members of the county board present? 00:00:41
A quorum is present. 00:00:47
And staff confirmed compliance with the open meeting law and public hearing notice. 00:00:49
I can't confirm. 00:00:54
Any changes to the agenda? 00:00:57
No. 00:00:59
Other than the noted. 00:01:01
Other business. 00:01:03
Review the minutes of the March 30. 00:01:08
April. 00:01:11
April meeting April 10th. 00:01:13
Move to approve. 00:01:23
I'll second it. 00:01:24
Any discussion? 00:01:25
Hearing none, all in favor say aye aye opposed. 00:01:27
Miscarried minutes. 00:01:31
Staff, please meet the hearing procedures for tonight's hearing into the record. 00:01:35
We're meeting here today to hear requests for modifications to the Dodge County Land Use Code. We have a series of two public 00:01:39
hearings tonight. 00:01:43
And the procedure for these hearings will be as follows. The Chairman of the Board of Adjustment will read the public hearing 00:01:47
notice. 00:01:51
After which, a staff member from the Dodge County Land Resources and Parks Department read the report that has been prepared by 00:01:55
the county staff regarding. 00:01:59
The requests before the board. 00:02:04
Following the staff report, appellant and or their agent. 00:02:06
Will be asked to come before the board. The appellant will be asked to state their name. 00:02:09
For the record, and they. 00:02:14
May present their case to the Board or add any additional information to the record. 00:02:16
Those in intended. 00:02:21
In attendance, wishing to speak in favor of the opposition can come before the board and speak. 00:02:22
If you wish to speak, you will be asked to. 00:02:27
Step up to the microphone which is located in the center of the room and state your name and address and. 00:02:31
For the record and to state your position regarding the requests for before the board. 00:02:37
Please address your comments and questions to the Board and not to the appellant. 00:02:43
You only be allowed to speak. 00:02:47
Once so please be prepared to present your. 00:02:49
Concerns and questions to the board when you speak. 00:02:52
After those in attendance have spoken. 00:02:55
Written correspondence that has been received by the Board or which has been collected by the Board during. 00:02:57
On site visits. 00:03:03
Will then be read into the record. The board will have an opportunity to. 00:03:04
Ask the appellant any questions. 00:03:08
Following the board's questions, the appellant will be allowed to give a final statement for the record. 00:03:11
After receiving all the testimony, the board will then deliberate and make a decision to grant, grant, park or deny the variance 00:03:16
request and if approved, they may place conditions on the approval. 00:03:22
If they feel. 00:03:27
It is necessary. 00:03:29
To address or mitigate any potential. 00:03:31
Adverse impacts the proposal may have. 00:03:33
On the adjacent properties or the community. 00:03:37
If the variance is approved, the staff will be directed to issue a land use permit incorporating those conditions approved by the 00:03:40
board. 00:03:43
Any person or persons aggrieved by. 00:03:47
Any decision of the Board of Adjustment may present. 00:03:50
To a court of record, a petition duly verified, setting forth that such a decision is illegal. 00:03:53
Inspectifying the grounds. 00:04:00
Of the illegality such person shall be presented. 00:04:03
Such petition shall be presented to the Circuit Court in this county within 30 days after the filing of the decision. 00:04:09
In the Office of the Board of Adjustment. 00:04:16
The county assumes no liability. 00:04:18
For and makes no warranty. 00:04:20
As to reliance on any decision if construction is commenced prior to the expiration date. 00:04:22
Of this 30 day period. 00:04:28
If during this meeting. 00:04:30
Procedural questions or other points of order arise. 00:04:33
The final decision of this board. 00:04:36
Maybe postponed until more information is gathered? Considered. 00:04:38
Or and properly acted upon. 00:04:42
Thank you, Andy. 00:04:48
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment on Thursday, April 17th. 00:04:50
2025 at 7:00 PM. 00:04:57
Or shortly thereafter on the first floor of the. 00:04:59
Dodge County Administration Building, Juneau, WI. 00:05:02
On the appeal of Rachel D Sola. 00:05:06
2020 Trust. 00:05:08
For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code. 00:05:10
To allow the detached garage that would not meet current setbacks. 00:05:15
This request is a variance to subsection 5, point 2.3. 00:05:20
And table 5.1. 00:05:24
Dash one of the Dodge County. 00:05:27
Land use code. 00:05:29
Property location northeast quarter of the southeast quarter. 00:05:31
Section 31. 00:05:35
Town of Hubbard, Dodge County. 00:05:37
Site address being in 5096 Arrowhead Trail. 00:05:39
A copy of the proposed petition is available for review in the county Land Resources and Parks Department. 00:05:46
Between the hours of 8:00 AM and 4:30. 00:05:51
PM Monday through Friday. 00:05:53
All persons interested are invited to attend and be heard. 00:05:56
Written comments may be submitted to the Dodge County Land Resource and Parks Department. 00:05:59
At 127 E Oak St. Juno, Wisconsin or by e-mail no later in April 16, 2025. 00:06:03
Dodge County Board of Adjustment by William Nash, Chairman. 00:06:10
Read the staff report. Certainly. 00:06:16
The county has jurisdiction over the site is Town of Hubbard has adopted the county's Hwy. set back ordinance. 00:06:20
Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. 00:06:25
Details. Procedural matters. 00:06:32
And the approval criteria for the variance process. The board shall hold a public hearing on each variance. 00:06:35
Application and the following and following Public Hearing Act to approve, approve the conditions or deny the variance based upon 00:06:40
the approval criteria of section 2.3, Point 12, Point E. 00:06:46
The application for a variance request was submitted by the applicant on March 6, 2025. 00:06:54
A request to the terms of the highway set back provisions of the Dodge County Highway Set Back Ordinance. 00:07:00
To allow a detached garage that does not meet the centerline. 00:07:06
And right away, setbacks. 00:07:09
As proposed, the project will be 28.2 feet. 00:07:11
From the right of way of Arrowhead trail or 13.8 feet within the required set back. 00:07:14
And 49.6 feet from the center line of Arrowhead trail or 25.4 feet. 00:07:20
Within the required set back, thus prohibited by the ordinance. 00:07:26
This request is a variance to subsection 4.2. 00:07:30
And Table 5 their Table 1-1 of the Dodge County Highway set back ordinance. 00:07:33
Features the counties jurisdiction over the site. 00:07:39
Town of Hubbard has adopted the county's Hwy. set back ordinance. 00:07:42
The town of Hubbard is. 00:07:46
Is town zone, but this property falls under the county's. 00:07:47
Shoreline ordinance as it abrupts. 00:07:51
Abuts Lake, Ms. 00:07:53
The property is presently. 00:07:55
Being used for residential use. 00:07:57
The physical features of this 0.54 acre lot include moderately sloping topography with slopes ranging from 3 to 9%. 00:08:00
The parcel contains the residence. 00:08:07
And associated accessory structures. 00:08:09
The general character of the surrounding land use consists of residences on three sides and Lake Ms. to the east. 00:08:12
The proposed garage would meet the set back from the ordinary high watermark from Lake Ms. as well as both side yards. 00:08:19
There are other existing structures in the surrounding neighborhood with similar Rd. setbacks as the one proposed with this 00:08:26
application. 00:08:29
This residential area is designated as a highly developed shoreline. An area designated as such is allowed a higher level of 00:08:34
impervious surfaces within the shoreland Wetland Ordinance. 00:08:39
This proposal meets the standard for impervious surfaces. 00:08:44
The lot has. 00:08:48
Road frontage at the very end of the right of way of Arrowhead Trail. 00:08:50
Arrowhead Trail is a town road and its setbacks. 00:08:54
Of 75 feet from the center line and 42 feet from the right of way, whichever is greater. 00:08:57
According to county records, the right of way at this location is 60 feet wide. 00:09:03
On March 6, 2025, an application for county land use permit. 00:09:08
Was made by the appellant in order they be allowed to construct the garage on the South side of this. 00:09:12
Of the residents on this site, the permit was denied by the County Land Use Administrator for the following reasons. 00:09:19
Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance referred to the required setbacks from this. 00:09:25
From public roads, streets and highways under Dodge County's land use code. 00:09:31
The required set back for town roads is 75 feet from the center line or 42 feet from the right road right away, whichever distance 00:09:36
is greater. 00:09:40
According to county roads, the right of ways. 00:09:44
At this location is 60 feet wide. 00:09:47
As proposed, the garage will be located 49.6 feet from the center line. 00:09:50
Of Arrowhead trail or 25 feet. 00:09:55
Within the required set back and 20. 00:09:58
.2 feet from the road right away. 00:10:00
Of Arrowhead trail or 13.8 feet within the required set back, therefore not in compliance with the ordinance. 00:10:04
Provisions and therefore prohibited. 00:10:10
By the ordinance, the appellant is requesting an area variance to Sub 2nd 4.2 and Table 1-1 of the Dodge County Highway Set Back 00:10:12
Ordinance. 00:10:17
No town recommend. 00:10:22
Purpose Statement The highway set back provisions of the county. 00:10:24
County Highways. 00:10:28
The highway set back provisions of the county Highway Setback ordinance promote a variety of public purposes. 00:10:30
Such as providing for light and air, Fire Protection, Traffic Safety. 00:10:36
Prevention of overcrowding. Solving drainage problems. 00:10:41
Protecting the appearance and character of the neighborhood. 00:10:44
And for the. 00:10:47
Conserving. 00:10:48
Property values. 00:10:49
The highway set back provisions also promote provide. 00:10:51
A uniform set back for all structures along roads. 00:10:57
Within the county in order they provide safe visibility while entering or exiting a site. 00:11:00
And to save the taxpayers of Dodge County from purchasing. 00:11:05
Non conforming structures located within the highway set back lines. 00:11:09
When those structures need to be removed for Hwy. improvements. 00:11:13
Or relocation projects. 00:11:17
Staff Advisory staff believes that the opponent is requesting. 00:11:20
Area variances subsection 4.2 and Table 1-1 of the Dodge County Highway Set Back Ordinance. 00:11:24
Staff points out the board does not have summary power to ignore. 00:11:31
Ordinance, provisions or objectives. 00:11:34
The burden also falls on the opponent to convincingly demonstrate. 00:11:37
To the board that a literal enforcement of the land use code regulations. 00:11:40
Would result in an unnecessary hardship, and then hardship is due to special conditions. 00:11:45
Unique to the property, and if granted, the variance would not be contrary to the public interest. 00:11:50
The board should determine if the highway set back provisions of the code are unnecessarily burdensome in this case. 00:11:55
The board should also consider the cost of the town. 00:12:01
And the public of having to purchase. 00:12:04
This structure in the future if the structure would be need to be removed for Hwy. improvements or relocation projects. 00:12:07
A variance agreement may be required by the Town of Hubbard. 00:12:14
Thank you. 00:12:21
Would the appellant please come forward? 00:12:26
Just state your name for the record. Please sure mark SOA. 00:12:35
My home address is 17 Castle Right Court and Cary, IL. This is second home here on. 00:12:38
Arrowhead Trail that we're talking about today. 00:12:43
Is there any information regarding your request that you would like to add to the record at this time? Yes, as you guys know, 00:12:46
obviously the easement. 00:12:50
Right of way is. 00:12:54
Set back as far. 00:12:55
As I can't with the with the lakeside being 75 feet. Obviously from the variance of the lakeside, if I go beyond the lake, if I go 00:12:57
closer to the house, there's no way for me to put a garage there without this variance. 00:13:02
So. 00:13:08
I went as big as I could. Obviously I don't need that big one, but I couldn't even get A1 car garage in there with the variance. 00:13:09
So I'm requesting the variance to put. 00:13:12
Garage that would be functional at this house as we spend more time and possibly move up there. 00:13:16
So. 00:13:20
Thank you. Sure. 00:13:24
Anyone in the audience that would like to speak in favor of this variance request? 00:13:25
Where his neighbor and. 00:13:31
Would you get up please? 00:13:34
Come forward, please. 00:13:36
State your name for the record, please. Jim Ranstrom. 00:13:40
I'm at the house just to north of him. 00:13:43
Yeah, it's, it's OK with us. So we just want to say that there's no issues. 00:13:46
That we have. 00:13:50
Thank you. 00:13:52
Anyone else in attendance that would like to speak in favor of this? 00:13:55
Variance request before the board. 00:13:58
Is there anyone else in the audience that would like to speak in favor of this? 00:14:03
Variance request. 00:14:07
Is there anyone else in the audience that like to speak in favor of this variance request? 00:14:11
Now, is there anyone in the audience that would like to speak in opposition to this variance request? 00:14:16
Is there anyone in the audience that would like to speak in opposition to the variance request before the board? 00:14:24
Is there anyone in the audience that would like to speak in opposition to the variance request? 00:14:32
Or is that fast? Three times evening? 00:14:37
Any written correspondence? We have none. 00:14:46
Does the board have any questions of the recipient? 00:14:52
No. 00:14:57
None OK for the appeal and like to make a final statement for the record. 00:15:01
No, I think you have all the easement facts and no words where it's gonna go. 00:15:06
I declare the public hearing portion of this hearing closed. 00:15:13
The Board will all deliberate on the matter before them under conclusions of the law. 00:15:16
Based on the facts presented in the application at the public hearing, the Board concludes that. 00:15:24
The appellant requests the section 4.2 and Table 5.1, Dash 1 to refer to the set back for public roads. 00:15:29
Yes. 00:15:36
Is there a physical limitation that is unique to this property? Prevents the appellant? 00:15:40
From complying with the highway set back provision of the code. Yes, the lake lake. 00:15:44
The highway set back provisions of the code initially burdensome in this case, thereby creating a hardship. 00:15:56
Yes, yes, yeah. 00:16:02
Does the appellant have other options available to complete these projects in compliance with the code? No. 00:16:18
No. 00:16:24
But hardship exists if the variances denied. 00:16:26
No garage, no garage there. 00:16:29
Are the projects harmful in any way to the public's interest? 00:16:33
No, it's not any different than anybody else. You know, every place to back there is the same thing. So yeah. 00:16:37
Does the board have sufficient information to make a decision on this request? 00:16:59
Yes, yes, yes. 00:17:03
Does the Board believe the appellants variance request to Hwy. set back provisions of the Code meets the criteria? 00:17:05
That is necessary in order to grant the area variance request. 00:17:11
Yes, yes. 00:17:14
If the Board can make the findings necessary in order to grant the variance request in this case, or any conditions of approval. 00:17:17
Necessary in this case to mitigate any potential adverse impacts that result from the proposed developmental project. 00:17:23
You know, we could put that right, but I mean there that road is never going to be expanded. So I don't think that's we would 00:17:34
probably just be muddying the water. So I would say no. 00:17:37
You heard nothing from the town of Hubbard about period about this, right? Correct. 00:17:45
Nothing. I mean, if they're gonna move. 00:17:49
You know, they'd have to move half of the buildings. 00:17:51
Or more. 00:17:55
Yeah. 00:17:56
Motion would be in order to either approve or deny the variance. 00:18:00
I so move to approve. 00:18:04
I'll second it. 00:18:06
Any discussion on the motion? 00:18:16
Any discussion? 00:18:19
If not, I will call the roll. 00:18:21
Mark yes. 00:18:24
John yes. 00:18:26
Russ yes. 00:18:27
Rodney yes. 00:18:29
Myself, yes. 00:18:31
The motion is carried to approve the variance. 00:18:33
I have 5 to 0 vote. 00:18:35
Therefore. 00:18:38
It's granted. It's granted as the. 00:18:41
Granted the variance request as proposed. 00:18:44
And the land use administrators directly issue a land use permit incorporating the decision of the board. 00:18:46
Thank you. 00:18:54
Appreciate it. 00:18:56
Have a good evening. 00:18:56
Thank you. 00:19:06
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment. 00:19:25
On Thursday, April 17, 2025 at 7:15. 00:19:30
PM or shortly thereafter, and the first floor is a Dodge County Administration building, Juneau, WI. 00:19:34
On the appeal of Beth Huber. 00:19:39
For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code. 00:19:42
To allow a home edition that would not meet current setbacks. 00:19:47
The request is a variance of the subsection 5 point 1.1. 00:19:51
And table 5.1, dash 1. 00:19:55
Of the Dodge County land use code. 00:19:57
Property location is lot 1 of CSM 7793. 00:20:00
Southwest Quarter of the Northwest Quarter, Section 1. 00:20:04
Town of Emmett, Dodge County. 00:20:08
Site address being. 00:20:10
In 2311, County Road DJ. 00:20:12
You copy. The proposed petition is available for review in the Land Resources and Parks Department. 00:20:15
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:20:20
All persons interested are invited to attend and be heard. 00:20:24
Written comments may be submitted to the Dodge County and Resources and Parks Department. 00:20:28
127 E Oak St. Juneau, WI or by e-mail no later than April 16th, 2025. 00:20:32
Dodge County Board of Addressment by William Nice, chairman. 00:20:39
Certainly county has jurisdiction over this. 00:20:44
Site is town. Emmett has adopted the county's land use code. 00:20:48
Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. 00:20:51
Details of procedural matters. 00:20:58
And the approval criteria for the variance process. 00:21:01
The board shall hold the public hearing on each variance application. 00:21:04
And the following Public Hearing Act to approve. 00:21:09
Approval with conditions or deny the variance based upon the approval criteria of section. 00:21:12
2.3 point. 12 point. 00:21:17
Felons requests An application for a variance request was submitted by the applicant on. 00:21:20
March 10th, 2025 for the request to the terms of the highway set back provisions. 00:21:24
Of the Dallas County Land Use Code. 00:21:30
To allow a home addition that does not meet their centerline and right away setbacks. 00:21:32
As proposed, the project will be 41 feet from the right of way of County Highway DG. 00:21:36
Or 26 feet within the. 00:21:42
Required set back. 00:21:44
And 87 point. 00:21:46
7 feet from the center line of County Highway DJ. 00:21:48
Or 12.3. 00:21:52
Feet within the required set back, thus prohibited by the code. This request is us. 00:21:53
This request is a variance to subsection 5, point 1.1. 00:21:58
And table 5.1 dash one of the Dodge County land use code. 00:22:03
Features the Dodge County land. 00:22:08
Dodge County has jurisdiction over the site is Town of Emmett has adopted the county's land use code. 00:22:11
The property is located in a two general agricultural zoning district. 00:22:16
Properly, uh. 00:22:20
Property is presently being used for residential and agricultural use. 00:22:22
The physical features of this 8.59 acre lot include moderately sloping topography with slopes ranging from 4 to 6%. The parcel 00:22:26
contains the residence and associated agricultural accessory structures. 00:22:32
The general character of. 00:22:39
The surrounding land use. 00:22:40
Consists of agricultural uses and associated residences. 00:22:42
The existing home does not meet the setbacks from both County Highway DJ and County Highway. 00:22:47
The current. 00:22:53
Setbacks are 20.6 feet from the right of way and 65.5 feet from the. 00:22:54
Center line of county from the center line of county. 00:23:01
Highway DJ. 00:23:04
And 32 point or 32 feet from the right away and 142 feet from the center line of County Hwy. E. 00:23:06
The required setbacks from a county highway. 00:23:13
Is 67 feet from the right of way and 100 feet from the centerline. 00:23:16
Whichever is greater. Not meeting those setbacks makes the home a non conforming structure. 00:23:20
Additions are allowed to be made to non conforming structures as long as the addition. 00:23:25
Meets current setbacks, while the proposed addition meets setbacks. 00:23:29
Meets the setbacks from County Hwy. E. It does not meet the setbacks from County Highway DJ even though it is behind the front of 00:23:34
the existing home. 00:23:38
The setbacks for the proposed addition is 41 feet from the. 00:23:43
Right of way in 87.7 feet from the center line of County Highway DJ. 00:23:47
A portion of this property and proposed project fall within the Shoreland Wetland District because of its proximity to Silver 00:23:52
Creek. 00:23:55
The proposed addition would meet the setbacks from the ordinary high watermark. 00:23:59
Of Silver Creek as well as both side yards, the percentage of impervious surfaces for this lot after the addition is added is 00:24:04
5.29%, which meets those standards. 00:24:09
Within the Surland ordinance. 00:24:15
On March 10th, an application for a county land use permit was made by the appellant in order they be allowed to. 00:24:17
Construct an app in addition to the existing house on the site. Permit was denied by the County Land Use Administrator for the 00:24:24
following reasons. 00:24:28
Subsection 5.1. 00:24:36
.1 and. 00:24:38
Table. 00:24:39
5.1 dash one of the county land use code required. Prefer the required setbacks for public roads. 00:24:40
Streets and highways under the Dodge County Land Use Code. 00:24:46
Dodge County. 00:24:50
Their county highway DJ and county Hwy. E. 00:24:51
Have required setbacks of 100 feet from the centerline. 00:24:53
Of or 67 feet from the right of way, whichever distance is greater. As proposed, the home addition will be located 87.7 feet from 00:24:57
the. 00:25:01
Center line of county Highway DJ or 12.3 feet within the required set back. 00:25:06
And 41 feet from the. 00:25:12
Rode right away of county highway DJ or 26 feet within the required set back, therefore not in compliance with the code provisions 00:25:14
and therefore prohibited by the code. 00:25:18
The appellant is requesting A variance from section. 00:25:23
5.1.1 and table 5.1 dash one of the code. 00:25:27
No correspondence from the Township. 00:25:32
Purpose statement. 00:25:36
The highway set back provisions of the county Land Use code promote a variety of public purposes. 00:25:38
Such as providing for light, air and air Fire Protection, Traffic Safety, prevention of overcrowding, solving drainage problems, 00:25:43
protecting the appearance. 00:25:48
And the character of the neighborhood and for conserving property values, the highway set back provisions. 00:25:53
Also provide for a uniform set back for all structures along the roads within the county in order they. 00:25:59
In order to provide safe visibility while entering or exiting the site and to save taxpayers of Dodge County for purchasing non 00:26:07
conforming structures. 00:26:11
Located within the highway setback lines. 00:26:16
When those structures. 00:26:19
Need to be removed for Hwy. improvements or relocation projects. 00:26:20
Staff Advisory. 00:26:25
Staff believes the appellant is requesting an area of marriage to Section 5, point 1.1. 00:26:26
And table 5.1 dash one of the code set points off the board does not have summary power to ignore. 00:26:32
Ordinance, provisions or objectives. The burden also falls upon the appellant to convincingly demonstrate this board to the board. 00:26:40
That a literal enforcement of the land use code regulations would result in an unnecessary hardship. 00:26:47
And that the hardship is due to special conditions unique to this property and if granted. 00:26:53
The area variance would not be contrary to the public interest. 00:26:58
The board should determine if the highway setbacks provisions of the code are unnecessary burdensome in this case. 00:27:01
The board should also consider the cost of the county. 00:27:06
And the public of having to purchase this structure in the future if the structure would need to be removed for Hwy. improvements 00:27:10
or relocation projects. 00:27:14
The board can make the findings that are necessary in order to grant a variance, in this case the staff. 00:27:18
Recommends the following conditions of approval in order they. 00:27:23
Save the taxpayers the cost of having to purchase is not conforming structure if the future. 00:27:27
In the future if this structure needs to be removed for Hwy. improvements or. 00:27:32
Relocation projects. The one. 00:27:37
Suggested. 00:27:40
Condition would be a variance agreement. 00:27:42
Shall be required to the to be recorded with the Registered Deeds office. 00:27:44
In the amount of the proposed construction project prior to the approval of the land use permission. 00:27:49
Thank you, Andy. 00:27:56
Would you tell him please step forward? 00:27:58
Your name, please, Tom Cooper. 00:28:08
Cooper. 00:28:14
Representing Beth. 00:28:18
She asked me if I'd come sit in. 00:28:19
Is there any information regarding your request that you would like to add to the record at this time? 00:28:23
No, Sir. 00:28:27
Is there anyone in attendance that would like to speak in favor of this variance request? 00:28:30
Is there anyone in attendance that would like to speak in favor of this variance request before the board? 00:28:38
Is there any? 00:28:45
Buddy in attendance that would like to speak in favor of this request before the board. 00:28:46
Is there anyone in attendance that would like to speak in opposition to the variance request? 00:28:53
For the board. 00:28:57
Is there anything in attendance that would like to speak in opposition to the variance request before the board? 00:29:03
Is there anyone in the audience that would like to speak in opposition to this variance request before the board? 00:29:12
Any written comments? 00:29:19
No, none. 00:29:21
Or have any questions for the appellant? 00:29:25
No, no. 00:29:29
Would the appellant like to make a final statement for the record? 00:29:33
No. 00:29:37
Me and I declare the public hearing. 00:29:40
Testimony of this hearing is. 00:29:44
Closed and we will now debate. 00:29:46
Deliberate on the matter before the board. 00:29:49
And the conclusions of the law? 00:29:52
Based on the facts presented in the application and at the public hearing, the Board concludes that. 00:29:54
The appellants request to Section 5.1, Point 1 and Table 5.1, Dash 1. 00:30:00
To refer to the set back. 00:30:05
For public roads. 00:30:07
Yes, yes. 00:30:09
Is there physical limitation is unique to this property prevents the appellant from complying with the highway setback provision 00:30:12
of the code. 00:30:15
They want to attach it to the house, yes. 00:30:19
Are the highway set back provisions of the code unnecessary burdensome in this case, thereby creating a hardship? 00:30:28
Yes. 00:30:34
House is already. 00:30:36
Does the appellant have other options available to complete these projects in compliance with the code? 00:30:52
No matter if they want to attach it to the prison house. 00:30:58
What hardship exists? The variance is denied. 00:31:18
No garage, no attached garage. 00:31:21
You couldn't add anything out to the house without. 00:31:24
Variant. They'd have to build it back off. 00:31:27
Way back. 00:31:30
Where the other sheds are. 00:31:31
Yeah. 00:31:32
Are the projects harmful anyway the public's interest? 00:31:34
No. No. Does the board have sufficient information to make a decision on this request? Yes. 00:31:38
The Board believed the appellants variance request to Hwy. set back provisions of the code. 00:31:45
Meet the criteria that is necessary in order to grant the area of variance request. 00:31:49
Yes. 00:31:54
If the Board can make the findings necessary in order to grant the variance request in this case, or any conditions of approval. 00:31:56
Necessary in this case to mitigate any potential adverse impacts. 00:32:01
The result from this proposed development project. 00:32:05
While we we've always on county roads, we've always added it and I don't think it would be wrong in this case because there could 00:32:09
be somewhere down the road where. 00:32:14
They might want to flatten that. 00:32:18
Strange little intersection out there or something, so I think we should add that. 00:32:21
That condition. 00:32:25
So can you. 00:32:33
I'd move to approve. 00:32:36
I'll second with the condition. 00:32:41
The motion is made and seconded. We approve it. 00:32:46
With the condition listed. 00:32:48
Any discussion? 00:32:50
Board of the board. 00:32:52
This question any none, I'm prepared to call the vote. 00:32:56
Mark yes. 00:33:00
Russell yes. 00:33:02
John. 00:33:04
Rodney. 00:33:06
Myself, yes. 00:33:07
So the. 00:33:12
Motion is carried to approve the variance. 00:33:14
With the condition as listed. 00:33:17
About the register of Deeds. 00:33:20
And the land use administrators directly issue with land use permit incorporated decision of the board. 00:33:23
Now I'll construct that document and get that to Beth. 00:33:34
So she can get the appropriate signatures. 00:33:39
Signed and notarized and then recorded. 00:33:42
Other business, we have a request before the board. 00:34:12
The Roger and Brennan Carlton request that we heard. 00:34:16
A couple months ago, they're going to be requesting removal of the. 00:34:21
Condition for the variance agreement to the Town Rd. 00:34:26
I have a letter. 00:34:31
In favor from the. 00:34:33
Tone of. 00:34:36
Hubbard, which I'll read now. Umm. 00:34:37
Mr. O'Brien, the Town of Hubbard. 00:34:41
Board as well as zoning administrator not have any issues with the setbacks on. 00:34:43
Roger's. 00:34:48
House pertaining to the road. The Town Board, as well as the zoning administrator will grant Carlton's permission. 00:34:49
For them to construct a home within the setbacks of the road without requiring. 00:34:55
Them to potentially remove part of the home we as a town support the carlton's request to remove the condition of a variance 00:34:59
agreement that was placed on. 00:35:03
The decision by the Board of Adjustment. If you have any questions, please reach out. 00:35:08
To our Zoning minister, Daniel Guttenberg at 920-296-4830. 00:35:12
Dan Gutenberg, Chairman. 00:35:19
Tone of Hubbard, zoning Administrator, Town of Hubbard. 00:35:21
If you guys wanted to step forward. 00:35:27
State your name for the record, please. Roger Carlton. 00:35:44
Brenda Carlton. 00:35:47
Is there anything you'd like to add to that or? 00:35:50
Yeah, after. 00:35:53
You granted our variance in. I think that was January. 00:35:55
We've. 00:36:00
Went to several different banks and they wouldn't. 00:36:01
They didn't want to work with that wording on that, on the deed. 00:36:06
Because they felt that their collateral would be in in jeopardy. 00:36:10
So the only way that we could. 00:36:17
You know, move forward is if that. 00:36:19
Wording was taken off. 00:36:21
We would never have any questions. We've never had this before. I just for to refresh my memory, what is your? 00:36:31
The address of your property. I'm trying to it's N5185 Sinnissippi Point Rd. So it's at the turn around point of. 00:36:36
At the end of. 00:36:45
The peninsula there, you go down, OK, inside there. Trust me, I get lost back there. But I think, I know. I think I remember you 00:36:46
now, but I was just trying to get clarity. Sure, sure. 00:36:50
So it's not a, it's not a County Road. No, That's why I. 00:36:56
That's why, you know, knowing this was coming, that's why I thought about the other one right away. 00:37:00
It's probably the same issue on a town Rd. 00:37:05
It's never going to be expanded that it's going to be a problem. 00:37:07
I just got a clear for clarity or Andy. 00:37:11
Does the first new made the motion? 00:37:14
Have to be the 1:00 to. 00:37:17
I. 00:37:19
Don't believe so, No. 00:37:20
Otherwise, I'll make a motion to remove the. 00:37:23
The need for a variance agreement on. 00:37:26
On there the agreement with the register of deeds, that's on their various agreement. 00:37:30
If that's good enough. 00:37:35
Yes, second. 00:37:37
Any discussion? 00:37:39
In this session. 00:37:42
We've never had this happen before, so that's. 00:37:47
We just lost it by matter of course. 00:37:50
We weren't picking on you for any reason. 00:37:54
I'll call the roll on the motion. 00:37:57
Mark. 00:37:59
Yes. 00:38:01
John. 00:38:03
Russ Yes. Rodney, yes. Myself, yes. 00:38:04
Motion is carried by a 5 to 0 vote to remove the. 00:38:08
Register of Deeds Condition Variance agreement. Yep. 00:38:14
So is there anything that we have to do then I think once we get the minutes? 00:38:19
Published. I don't. 00:38:28
That's a fine question. 00:38:29
I will see clarification tomorrow. I appreciate it. Monday, I think they got to be published. 00:38:31
I think they have to. 00:38:38
Which would be. 00:38:40
We'd have to wait till the next meeting. 00:38:43
Which is. 00:38:45
May 8th. 00:38:47
OK, sorry. 00:38:53
All right. We appreciate it. Thank you. 00:38:57
And then we do have a May. 00:39:02
8th. 00:39:03
And we have two agenda items, one in Hubbard and one in Emmett. 00:39:06
We're consistent if nothing else. Yep. 00:39:11
Well, we'll meet you. 00:39:17
On site again, I mean, no matter where I mean. 00:39:22
You know, doesn't make any sense for me to come to Juno so. 00:39:25
Did you want to? Do you want to end in? 00:39:29
Where is. 00:39:31
That's another fine question, I. 00:39:33
It's only 6 miles by 6 miles. Yeah. So we could start in Hubbard and then end in Emmett. So you guys on the lake again in Hubbard, 00:39:37
OR? 00:39:41
Which one is that? That makes a big difference, you know, because no I. 00:39:46
That's a land division, so I don't exactly know where that is. Terry, who's been dealing with that one? 00:39:51
So I don't know where where in Hubbard or? 00:39:59
They exactly are. 00:40:02
So. 00:40:04
Need to have an alternate for that I will not be. 00:40:06
OK, I won't be here either. 00:40:10
That'll be Terry. 00:40:13
His Brice is gone. 00:40:14
And I'm going. 00:40:16
In Alaska, so I don't care what you want to be in on Lake Erie. So you're not gonna turn the new guy loose. 00:40:18
I don't know if he's ready. 00:40:24
Get ready for this. Not for you guys, huh? Just just as a question. 00:40:26
On the On the Conclusions law page. 00:40:32
The first line. 00:40:35
It usually, I said. 00:40:37
The appellants request the subsection blah, blah, blah, blah, blah. 00:40:39
And at all said is an area variance is that? 00:40:42
Is that different because it's set back or is that worded? You word that different I. 00:40:45
Don't remember changing, that's OK. Well whatever. I just it always was listed as These are area variances that I didn't know if 00:40:50
that made any. 00:40:54
There was a change for that reason, but. 00:40:58
Now we'll meet you on site with motion to adjourn. 00:41:01
So move. 00:41:04
Second, all in favor say aye aye. Meeting is adjourned to. 00:41:05
Sign papers are here. 00:41:11
Excellent. We'll meet you somewhere. You didn't forget one this time. After what? 00:41:13
No, no, no. Look at it. That's right. 00:41:23
Thunder Room. 00:41:28
They were here last night. 00:41:29
We should probably make note of that that. 00:41:33
Town roads we really either check with the town prior to. 00:41:37
That they if they require. 00:41:42
I just put on there. 00:41:45
May be required by the town and I think we'll just leave it at that. That's fine, It's just. 00:41:47
Because, you know, going back to that town meeting might take. 00:41:52
Six months and I mean, obviously these people pricing better like to get going with this, I'm sure. 00:41:56
Say God? Probably both. So they're taking the cool, I guess. 00:42:03
Who was here last night under Rd. 00:42:08
Well, there was a couple of. 00:42:11
I guess their boss is really from Town of Shield. 00:42:15
I guess so, yeah. 00:42:18
I think, yeah, he's local. 00:42:19
Never sitting on the on the table. I Mrs. Bail, got one last night, now the. 00:42:26
Their work is not good. Plus I think we're going to, I think it is. We're going to put you over. 00:42:30
All of course. 00:42:36
We had that one time years ago not. 00:42:39
Not a not a pleasant situation. I would, you know, just. 00:42:42
Personal opinion. 00:42:45
If they bid, you've got to be real careful. What's your? 00:42:47
What you're getting that's well, our ad is in the paper and if they want to bid the bid they don't do, we're gonna put ourselves. 00:42:49
Like I said, they just, I don't know what we're gonna do. 00:42:59
You can be able to dive in. Doesn't look like. 00:43:04
You got to be getting rich up there. No, you're. 00:43:08
Losing. Yes. 00:43:19
Yeah. 00:43:20
I come by there every day. No, no, I just like. 00:43:23
Moving dirt, actually. 00:43:28
You can't hardly get across highway CW is that much. I mean you got that much land being going, all 16 traffic is going if you 00:43:44
look at the one down and down. 00:43:48
Pleasant Prairie. 00:43:55
This one's going to dwarf. That's not the designated. 00:43:59
Supposed to go down I-94. 00:44:03
People shouldn't figure out that. 00:44:07
Now they, you know, they chipped all that brush. 00:44:09
Metals are not too happy. 00:44:13
I don't know where the traffic. 00:44:15
Chopped up stuff, but they were hauling it out today. 00:44:18
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Transcript

Event transcript
Yeah, Congressional money. 00:00:00
The meeting of the Dodge County Board of Adjustment is hereby called to order. 00:00:24
Roll call Mark Rossmer. 00:00:28
John Shane. IKEA. 00:00:31
Russ had key here, Rodney Johnson here, myself here. 00:00:33
Very Bishop excused and barely false excused. 00:00:37
Any non committee members of the county board present? 00:00:41
A quorum is present. 00:00:47
And staff confirmed compliance with the open meeting law and public hearing notice. 00:00:49
I can't confirm. 00:00:54
Any changes to the agenda? 00:00:57
No. 00:00:59
Other than the noted. 00:01:01
Other business. 00:01:03
Review the minutes of the March 30. 00:01:08
April. 00:01:11
April meeting April 10th. 00:01:13
Move to approve. 00:01:23
I'll second it. 00:01:24
Any discussion? 00:01:25
Hearing none, all in favor say aye aye opposed. 00:01:27
Miscarried minutes. 00:01:31
Staff, please meet the hearing procedures for tonight's hearing into the record. 00:01:35
We're meeting here today to hear requests for modifications to the Dodge County Land Use Code. We have a series of two public 00:01:39
hearings tonight. 00:01:43
And the procedure for these hearings will be as follows. The Chairman of the Board of Adjustment will read the public hearing 00:01:47
notice. 00:01:51
After which, a staff member from the Dodge County Land Resources and Parks Department read the report that has been prepared by 00:01:55
the county staff regarding. 00:01:59
The requests before the board. 00:02:04
Following the staff report, appellant and or their agent. 00:02:06
Will be asked to come before the board. The appellant will be asked to state their name. 00:02:09
For the record, and they. 00:02:14
May present their case to the Board or add any additional information to the record. 00:02:16
Those in intended. 00:02:21
In attendance, wishing to speak in favor of the opposition can come before the board and speak. 00:02:22
If you wish to speak, you will be asked to. 00:02:27
Step up to the microphone which is located in the center of the room and state your name and address and. 00:02:31
For the record and to state your position regarding the requests for before the board. 00:02:37
Please address your comments and questions to the Board and not to the appellant. 00:02:43
You only be allowed to speak. 00:02:47
Once so please be prepared to present your. 00:02:49
Concerns and questions to the board when you speak. 00:02:52
After those in attendance have spoken. 00:02:55
Written correspondence that has been received by the Board or which has been collected by the Board during. 00:02:57
On site visits. 00:03:03
Will then be read into the record. The board will have an opportunity to. 00:03:04
Ask the appellant any questions. 00:03:08
Following the board's questions, the appellant will be allowed to give a final statement for the record. 00:03:11
After receiving all the testimony, the board will then deliberate and make a decision to grant, grant, park or deny the variance 00:03:16
request and if approved, they may place conditions on the approval. 00:03:22
If they feel. 00:03:27
It is necessary. 00:03:29
To address or mitigate any potential. 00:03:31
Adverse impacts the proposal may have. 00:03:33
On the adjacent properties or the community. 00:03:37
If the variance is approved, the staff will be directed to issue a land use permit incorporating those conditions approved by the 00:03:40
board. 00:03:43
Any person or persons aggrieved by. 00:03:47
Any decision of the Board of Adjustment may present. 00:03:50
To a court of record, a petition duly verified, setting forth that such a decision is illegal. 00:03:53
Inspectifying the grounds. 00:04:00
Of the illegality such person shall be presented. 00:04:03
Such petition shall be presented to the Circuit Court in this county within 30 days after the filing of the decision. 00:04:09
In the Office of the Board of Adjustment. 00:04:16
The county assumes no liability. 00:04:18
For and makes no warranty. 00:04:20
As to reliance on any decision if construction is commenced prior to the expiration date. 00:04:22
Of this 30 day period. 00:04:28
If during this meeting. 00:04:30
Procedural questions or other points of order arise. 00:04:33
The final decision of this board. 00:04:36
Maybe postponed until more information is gathered? Considered. 00:04:38
Or and properly acted upon. 00:04:42
Thank you, Andy. 00:04:48
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment on Thursday, April 17th. 00:04:50
2025 at 7:00 PM. 00:04:57
Or shortly thereafter on the first floor of the. 00:04:59
Dodge County Administration Building, Juneau, WI. 00:05:02
On the appeal of Rachel D Sola. 00:05:06
2020 Trust. 00:05:08
For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code. 00:05:10
To allow the detached garage that would not meet current setbacks. 00:05:15
This request is a variance to subsection 5, point 2.3. 00:05:20
And table 5.1. 00:05:24
Dash one of the Dodge County. 00:05:27
Land use code. 00:05:29
Property location northeast quarter of the southeast quarter. 00:05:31
Section 31. 00:05:35
Town of Hubbard, Dodge County. 00:05:37
Site address being in 5096 Arrowhead Trail. 00:05:39
A copy of the proposed petition is available for review in the county Land Resources and Parks Department. 00:05:46
Between the hours of 8:00 AM and 4:30. 00:05:51
PM Monday through Friday. 00:05:53
All persons interested are invited to attend and be heard. 00:05:56
Written comments may be submitted to the Dodge County Land Resource and Parks Department. 00:05:59
At 127 E Oak St. Juno, Wisconsin or by e-mail no later in April 16, 2025. 00:06:03
Dodge County Board of Adjustment by William Nash, Chairman. 00:06:10
Read the staff report. Certainly. 00:06:16
The county has jurisdiction over the site is Town of Hubbard has adopted the county's Hwy. set back ordinance. 00:06:20
Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. 00:06:25
Details. Procedural matters. 00:06:32
And the approval criteria for the variance process. The board shall hold a public hearing on each variance. 00:06:35
Application and the following and following Public Hearing Act to approve, approve the conditions or deny the variance based upon 00:06:40
the approval criteria of section 2.3, Point 12, Point E. 00:06:46
The application for a variance request was submitted by the applicant on March 6, 2025. 00:06:54
A request to the terms of the highway set back provisions of the Dodge County Highway Set Back Ordinance. 00:07:00
To allow a detached garage that does not meet the centerline. 00:07:06
And right away, setbacks. 00:07:09
As proposed, the project will be 28.2 feet. 00:07:11
From the right of way of Arrowhead trail or 13.8 feet within the required set back. 00:07:14
And 49.6 feet from the center line of Arrowhead trail or 25.4 feet. 00:07:20
Within the required set back, thus prohibited by the ordinance. 00:07:26
This request is a variance to subsection 4.2. 00:07:30
And Table 5 their Table 1-1 of the Dodge County Highway set back ordinance. 00:07:33
Features the counties jurisdiction over the site. 00:07:39
Town of Hubbard has adopted the county's Hwy. set back ordinance. 00:07:42
The town of Hubbard is. 00:07:46
Is town zone, but this property falls under the county's. 00:07:47
Shoreline ordinance as it abrupts. 00:07:51
Abuts Lake, Ms. 00:07:53
The property is presently. 00:07:55
Being used for residential use. 00:07:57
The physical features of this 0.54 acre lot include moderately sloping topography with slopes ranging from 3 to 9%. 00:08:00
The parcel contains the residence. 00:08:07
And associated accessory structures. 00:08:09
The general character of the surrounding land use consists of residences on three sides and Lake Ms. to the east. 00:08:12
The proposed garage would meet the set back from the ordinary high watermark from Lake Ms. as well as both side yards. 00:08:19
There are other existing structures in the surrounding neighborhood with similar Rd. setbacks as the one proposed with this 00:08:26
application. 00:08:29
This residential area is designated as a highly developed shoreline. An area designated as such is allowed a higher level of 00:08:34
impervious surfaces within the shoreland Wetland Ordinance. 00:08:39
This proposal meets the standard for impervious surfaces. 00:08:44
The lot has. 00:08:48
Road frontage at the very end of the right of way of Arrowhead Trail. 00:08:50
Arrowhead Trail is a town road and its setbacks. 00:08:54
Of 75 feet from the center line and 42 feet from the right of way, whichever is greater. 00:08:57
According to county records, the right of way at this location is 60 feet wide. 00:09:03
On March 6, 2025, an application for county land use permit. 00:09:08
Was made by the appellant in order they be allowed to construct the garage on the South side of this. 00:09:12
Of the residents on this site, the permit was denied by the County Land Use Administrator for the following reasons. 00:09:19
Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance referred to the required setbacks from this. 00:09:25
From public roads, streets and highways under Dodge County's land use code. 00:09:31
The required set back for town roads is 75 feet from the center line or 42 feet from the right road right away, whichever distance 00:09:36
is greater. 00:09:40
According to county roads, the right of ways. 00:09:44
At this location is 60 feet wide. 00:09:47
As proposed, the garage will be located 49.6 feet from the center line. 00:09:50
Of Arrowhead trail or 25 feet. 00:09:55
Within the required set back and 20. 00:09:58
.2 feet from the road right away. 00:10:00
Of Arrowhead trail or 13.8 feet within the required set back, therefore not in compliance with the ordinance. 00:10:04
Provisions and therefore prohibited. 00:10:10
By the ordinance, the appellant is requesting an area variance to Sub 2nd 4.2 and Table 1-1 of the Dodge County Highway Set Back 00:10:12
Ordinance. 00:10:17
No town recommend. 00:10:22
Purpose Statement The highway set back provisions of the county. 00:10:24
County Highways. 00:10:28
The highway set back provisions of the county Highway Setback ordinance promote a variety of public purposes. 00:10:30
Such as providing for light and air, Fire Protection, Traffic Safety. 00:10:36
Prevention of overcrowding. Solving drainage problems. 00:10:41
Protecting the appearance and character of the neighborhood. 00:10:44
And for the. 00:10:47
Conserving. 00:10:48
Property values. 00:10:49
The highway set back provisions also promote provide. 00:10:51
A uniform set back for all structures along roads. 00:10:57
Within the county in order they provide safe visibility while entering or exiting a site. 00:11:00
And to save the taxpayers of Dodge County from purchasing. 00:11:05
Non conforming structures located within the highway set back lines. 00:11:09
When those structures need to be removed for Hwy. improvements. 00:11:13
Or relocation projects. 00:11:17
Staff Advisory staff believes that the opponent is requesting. 00:11:20
Area variances subsection 4.2 and Table 1-1 of the Dodge County Highway Set Back Ordinance. 00:11:24
Staff points out the board does not have summary power to ignore. 00:11:31
Ordinance, provisions or objectives. 00:11:34
The burden also falls on the opponent to convincingly demonstrate. 00:11:37
To the board that a literal enforcement of the land use code regulations. 00:11:40
Would result in an unnecessary hardship, and then hardship is due to special conditions. 00:11:45
Unique to the property, and if granted, the variance would not be contrary to the public interest. 00:11:50
The board should determine if the highway set back provisions of the code are unnecessarily burdensome in this case. 00:11:55
The board should also consider the cost of the town. 00:12:01
And the public of having to purchase. 00:12:04
This structure in the future if the structure would be need to be removed for Hwy. improvements or relocation projects. 00:12:07
A variance agreement may be required by the Town of Hubbard. 00:12:14
Thank you. 00:12:21
Would the appellant please come forward? 00:12:26
Just state your name for the record. Please sure mark SOA. 00:12:35
My home address is 17 Castle Right Court and Cary, IL. This is second home here on. 00:12:38
Arrowhead Trail that we're talking about today. 00:12:43
Is there any information regarding your request that you would like to add to the record at this time? Yes, as you guys know, 00:12:46
obviously the easement. 00:12:50
Right of way is. 00:12:54
Set back as far. 00:12:55
As I can't with the with the lakeside being 75 feet. Obviously from the variance of the lakeside, if I go beyond the lake, if I go 00:12:57
closer to the house, there's no way for me to put a garage there without this variance. 00:13:02
So. 00:13:08
I went as big as I could. Obviously I don't need that big one, but I couldn't even get A1 car garage in there with the variance. 00:13:09
So I'm requesting the variance to put. 00:13:12
Garage that would be functional at this house as we spend more time and possibly move up there. 00:13:16
So. 00:13:20
Thank you. Sure. 00:13:24
Anyone in the audience that would like to speak in favor of this variance request? 00:13:25
Where his neighbor and. 00:13:31
Would you get up please? 00:13:34
Come forward, please. 00:13:36
State your name for the record, please. Jim Ranstrom. 00:13:40
I'm at the house just to north of him. 00:13:43
Yeah, it's, it's OK with us. So we just want to say that there's no issues. 00:13:46
That we have. 00:13:50
Thank you. 00:13:52
Anyone else in attendance that would like to speak in favor of this? 00:13:55
Variance request before the board. 00:13:58
Is there anyone else in the audience that would like to speak in favor of this? 00:14:03
Variance request. 00:14:07
Is there anyone else in the audience that like to speak in favor of this variance request? 00:14:11
Now, is there anyone in the audience that would like to speak in opposition to this variance request? 00:14:16
Is there anyone in the audience that would like to speak in opposition to the variance request before the board? 00:14:24
Is there anyone in the audience that would like to speak in opposition to the variance request? 00:14:32
Or is that fast? Three times evening? 00:14:37
Any written correspondence? We have none. 00:14:46
Does the board have any questions of the recipient? 00:14:52
No. 00:14:57
None OK for the appeal and like to make a final statement for the record. 00:15:01
No, I think you have all the easement facts and no words where it's gonna go. 00:15:06
I declare the public hearing portion of this hearing closed. 00:15:13
The Board will all deliberate on the matter before them under conclusions of the law. 00:15:16
Based on the facts presented in the application at the public hearing, the Board concludes that. 00:15:24
The appellant requests the section 4.2 and Table 5.1, Dash 1 to refer to the set back for public roads. 00:15:29
Yes. 00:15:36
Is there a physical limitation that is unique to this property? Prevents the appellant? 00:15:40
From complying with the highway set back provision of the code. Yes, the lake lake. 00:15:44
The highway set back provisions of the code initially burdensome in this case, thereby creating a hardship. 00:15:56
Yes, yes, yeah. 00:16:02
Does the appellant have other options available to complete these projects in compliance with the code? No. 00:16:18
No. 00:16:24
But hardship exists if the variances denied. 00:16:26
No garage, no garage there. 00:16:29
Are the projects harmful in any way to the public's interest? 00:16:33
No, it's not any different than anybody else. You know, every place to back there is the same thing. So yeah. 00:16:37
Does the board have sufficient information to make a decision on this request? 00:16:59
Yes, yes, yes. 00:17:03
Does the Board believe the appellants variance request to Hwy. set back provisions of the Code meets the criteria? 00:17:05
That is necessary in order to grant the area variance request. 00:17:11
Yes, yes. 00:17:14
If the Board can make the findings necessary in order to grant the variance request in this case, or any conditions of approval. 00:17:17
Necessary in this case to mitigate any potential adverse impacts that result from the proposed developmental project. 00:17:23
You know, we could put that right, but I mean there that road is never going to be expanded. So I don't think that's we would 00:17:34
probably just be muddying the water. So I would say no. 00:17:37
You heard nothing from the town of Hubbard about period about this, right? Correct. 00:17:45
Nothing. I mean, if they're gonna move. 00:17:49
You know, they'd have to move half of the buildings. 00:17:51
Or more. 00:17:55
Yeah. 00:17:56
Motion would be in order to either approve or deny the variance. 00:18:00
I so move to approve. 00:18:04
I'll second it. 00:18:06
Any discussion on the motion? 00:18:16
Any discussion? 00:18:19
If not, I will call the roll. 00:18:21
Mark yes. 00:18:24
John yes. 00:18:26
Russ yes. 00:18:27
Rodney yes. 00:18:29
Myself, yes. 00:18:31
The motion is carried to approve the variance. 00:18:33
I have 5 to 0 vote. 00:18:35
Therefore. 00:18:38
It's granted. It's granted as the. 00:18:41
Granted the variance request as proposed. 00:18:44
And the land use administrators directly issue a land use permit incorporating the decision of the board. 00:18:46
Thank you. 00:18:54
Appreciate it. 00:18:56
Have a good evening. 00:18:56
Thank you. 00:19:06
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment. 00:19:25
On Thursday, April 17, 2025 at 7:15. 00:19:30
PM or shortly thereafter, and the first floor is a Dodge County Administration building, Juneau, WI. 00:19:34
On the appeal of Beth Huber. 00:19:39
For a variance to the terms of the highway, set back provisions of the Dodge County Land Use Code. 00:19:42
To allow a home edition that would not meet current setbacks. 00:19:47
The request is a variance of the subsection 5 point 1.1. 00:19:51
And table 5.1, dash 1. 00:19:55
Of the Dodge County land use code. 00:19:57
Property location is lot 1 of CSM 7793. 00:20:00
Southwest Quarter of the Northwest Quarter, Section 1. 00:20:04
Town of Emmett, Dodge County. 00:20:08
Site address being. 00:20:10
In 2311, County Road DJ. 00:20:12
You copy. The proposed petition is available for review in the Land Resources and Parks Department. 00:20:15
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:20:20
All persons interested are invited to attend and be heard. 00:20:24
Written comments may be submitted to the Dodge County and Resources and Parks Department. 00:20:28
127 E Oak St. Juneau, WI or by e-mail no later than April 16th, 2025. 00:20:32
Dodge County Board of Addressment by William Nice, chairman. 00:20:39
Certainly county has jurisdiction over this. 00:20:44
Site is town. Emmett has adopted the county's land use code. 00:20:48
Subsection 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code. 00:20:51
Details of procedural matters. 00:20:58
And the approval criteria for the variance process. 00:21:01
The board shall hold the public hearing on each variance application. 00:21:04
And the following Public Hearing Act to approve. 00:21:09
Approval with conditions or deny the variance based upon the approval criteria of section. 00:21:12
2.3 point. 12 point. 00:21:17
Felons requests An application for a variance request was submitted by the applicant on. 00:21:20
March 10th, 2025 for the request to the terms of the highway set back provisions. 00:21:24
Of the Dallas County Land Use Code. 00:21:30
To allow a home addition that does not meet their centerline and right away setbacks. 00:21:32
As proposed, the project will be 41 feet from the right of way of County Highway DG. 00:21:36
Or 26 feet within the. 00:21:42
Required set back. 00:21:44
And 87 point. 00:21:46
7 feet from the center line of County Highway DJ. 00:21:48
Or 12.3. 00:21:52
Feet within the required set back, thus prohibited by the code. This request is us. 00:21:53
This request is a variance to subsection 5, point 1.1. 00:21:58
And table 5.1 dash one of the Dodge County land use code. 00:22:03
Features the Dodge County land. 00:22:08
Dodge County has jurisdiction over the site is Town of Emmett has adopted the county's land use code. 00:22:11
The property is located in a two general agricultural zoning district. 00:22:16
Properly, uh. 00:22:20
Property is presently being used for residential and agricultural use. 00:22:22
The physical features of this 8.59 acre lot include moderately sloping topography with slopes ranging from 4 to 6%. The parcel 00:22:26
contains the residence and associated agricultural accessory structures. 00:22:32
The general character of. 00:22:39
The surrounding land use. 00:22:40
Consists of agricultural uses and associated residences. 00:22:42
The existing home does not meet the setbacks from both County Highway DJ and County Highway. 00:22:47
The current. 00:22:53
Setbacks are 20.6 feet from the right of way and 65.5 feet from the. 00:22:54
Center line of county from the center line of county. 00:23:01
Highway DJ. 00:23:04
And 32 point or 32 feet from the right away and 142 feet from the center line of County Hwy. E. 00:23:06
The required setbacks from a county highway. 00:23:13
Is 67 feet from the right of way and 100 feet from the centerline. 00:23:16
Whichever is greater. Not meeting those setbacks makes the home a non conforming structure. 00:23:20
Additions are allowed to be made to non conforming structures as long as the addition. 00:23:25
Meets current setbacks, while the proposed addition meets setbacks. 00:23:29
Meets the setbacks from County Hwy. E. It does not meet the setbacks from County Highway DJ even though it is behind the front of 00:23:34
the existing home. 00:23:38
The setbacks for the proposed addition is 41 feet from the. 00:23:43
Right of way in 87.7 feet from the center line of County Highway DJ. 00:23:47
A portion of this property and proposed project fall within the Shoreland Wetland District because of its proximity to Silver 00:23:52
Creek. 00:23:55
The proposed addition would meet the setbacks from the ordinary high watermark. 00:23:59
Of Silver Creek as well as both side yards, the percentage of impervious surfaces for this lot after the addition is added is 00:24:04
5.29%, which meets those standards. 00:24:09
Within the Surland ordinance. 00:24:15
On March 10th, an application for a county land use permit was made by the appellant in order they be allowed to. 00:24:17
Construct an app in addition to the existing house on the site. Permit was denied by the County Land Use Administrator for the 00:24:24
following reasons. 00:24:28
Subsection 5.1. 00:24:36
.1 and. 00:24:38
Table. 00:24:39
5.1 dash one of the county land use code required. Prefer the required setbacks for public roads. 00:24:40
Streets and highways under the Dodge County Land Use Code. 00:24:46
Dodge County. 00:24:50
Their county highway DJ and county Hwy. E. 00:24:51
Have required setbacks of 100 feet from the centerline. 00:24:53
Of or 67 feet from the right of way, whichever distance is greater. As proposed, the home addition will be located 87.7 feet from 00:24:57
the. 00:25:01
Center line of county Highway DJ or 12.3 feet within the required set back. 00:25:06
And 41 feet from the. 00:25:12
Rode right away of county highway DJ or 26 feet within the required set back, therefore not in compliance with the code provisions 00:25:14
and therefore prohibited by the code. 00:25:18
The appellant is requesting A variance from section. 00:25:23
5.1.1 and table 5.1 dash one of the code. 00:25:27
No correspondence from the Township. 00:25:32
Purpose statement. 00:25:36
The highway set back provisions of the county Land Use code promote a variety of public purposes. 00:25:38
Such as providing for light, air and air Fire Protection, Traffic Safety, prevention of overcrowding, solving drainage problems, 00:25:43
protecting the appearance. 00:25:48
And the character of the neighborhood and for conserving property values, the highway set back provisions. 00:25:53
Also provide for a uniform set back for all structures along the roads within the county in order they. 00:25:59
In order to provide safe visibility while entering or exiting the site and to save taxpayers of Dodge County for purchasing non 00:26:07
conforming structures. 00:26:11
Located within the highway setback lines. 00:26:16
When those structures. 00:26:19
Need to be removed for Hwy. improvements or relocation projects. 00:26:20
Staff Advisory. 00:26:25
Staff believes the appellant is requesting an area of marriage to Section 5, point 1.1. 00:26:26
And table 5.1 dash one of the code set points off the board does not have summary power to ignore. 00:26:32
Ordinance, provisions or objectives. The burden also falls upon the appellant to convincingly demonstrate this board to the board. 00:26:40
That a literal enforcement of the land use code regulations would result in an unnecessary hardship. 00:26:47
And that the hardship is due to special conditions unique to this property and if granted. 00:26:53
The area variance would not be contrary to the public interest. 00:26:58
The board should determine if the highway setbacks provisions of the code are unnecessary burdensome in this case. 00:27:01
The board should also consider the cost of the county. 00:27:06
And the public of having to purchase this structure in the future if the structure would need to be removed for Hwy. improvements 00:27:10
or relocation projects. 00:27:14
The board can make the findings that are necessary in order to grant a variance, in this case the staff. 00:27:18
Recommends the following conditions of approval in order they. 00:27:23
Save the taxpayers the cost of having to purchase is not conforming structure if the future. 00:27:27
In the future if this structure needs to be removed for Hwy. improvements or. 00:27:32
Relocation projects. The one. 00:27:37
Suggested. 00:27:40
Condition would be a variance agreement. 00:27:42
Shall be required to the to be recorded with the Registered Deeds office. 00:27:44
In the amount of the proposed construction project prior to the approval of the land use permission. 00:27:49
Thank you, Andy. 00:27:56
Would you tell him please step forward? 00:27:58
Your name, please, Tom Cooper. 00:28:08
Cooper. 00:28:14
Representing Beth. 00:28:18
She asked me if I'd come sit in. 00:28:19
Is there any information regarding your request that you would like to add to the record at this time? 00:28:23
No, Sir. 00:28:27
Is there anyone in attendance that would like to speak in favor of this variance request? 00:28:30
Is there anyone in attendance that would like to speak in favor of this variance request before the board? 00:28:38
Is there any? 00:28:45
Buddy in attendance that would like to speak in favor of this request before the board. 00:28:46
Is there anyone in attendance that would like to speak in opposition to the variance request? 00:28:53
For the board. 00:28:57
Is there anything in attendance that would like to speak in opposition to the variance request before the board? 00:29:03
Is there anyone in the audience that would like to speak in opposition to this variance request before the board? 00:29:12
Any written comments? 00:29:19
No, none. 00:29:21
Or have any questions for the appellant? 00:29:25
No, no. 00:29:29
Would the appellant like to make a final statement for the record? 00:29:33
No. 00:29:37
Me and I declare the public hearing. 00:29:40
Testimony of this hearing is. 00:29:44
Closed and we will now debate. 00:29:46
Deliberate on the matter before the board. 00:29:49
And the conclusions of the law? 00:29:52
Based on the facts presented in the application and at the public hearing, the Board concludes that. 00:29:54
The appellants request to Section 5.1, Point 1 and Table 5.1, Dash 1. 00:30:00
To refer to the set back. 00:30:05
For public roads. 00:30:07
Yes, yes. 00:30:09
Is there physical limitation is unique to this property prevents the appellant from complying with the highway setback provision 00:30:12
of the code. 00:30:15
They want to attach it to the house, yes. 00:30:19
Are the highway set back provisions of the code unnecessary burdensome in this case, thereby creating a hardship? 00:30:28
Yes. 00:30:34
House is already. 00:30:36
Does the appellant have other options available to complete these projects in compliance with the code? 00:30:52
No matter if they want to attach it to the prison house. 00:30:58
What hardship exists? The variance is denied. 00:31:18
No garage, no attached garage. 00:31:21
You couldn't add anything out to the house without. 00:31:24
Variant. They'd have to build it back off. 00:31:27
Way back. 00:31:30
Where the other sheds are. 00:31:31
Yeah. 00:31:32
Are the projects harmful anyway the public's interest? 00:31:34
No. No. Does the board have sufficient information to make a decision on this request? Yes. 00:31:38
The Board believed the appellants variance request to Hwy. set back provisions of the code. 00:31:45
Meet the criteria that is necessary in order to grant the area of variance request. 00:31:49
Yes. 00:31:54
If the Board can make the findings necessary in order to grant the variance request in this case, or any conditions of approval. 00:31:56
Necessary in this case to mitigate any potential adverse impacts. 00:32:01
The result from this proposed development project. 00:32:05
While we we've always on county roads, we've always added it and I don't think it would be wrong in this case because there could 00:32:09
be somewhere down the road where. 00:32:14
They might want to flatten that. 00:32:18
Strange little intersection out there or something, so I think we should add that. 00:32:21
That condition. 00:32:25
So can you. 00:32:33
I'd move to approve. 00:32:36
I'll second with the condition. 00:32:41
The motion is made and seconded. We approve it. 00:32:46
With the condition listed. 00:32:48
Any discussion? 00:32:50
Board of the board. 00:32:52
This question any none, I'm prepared to call the vote. 00:32:56
Mark yes. 00:33:00
Russell yes. 00:33:02
John. 00:33:04
Rodney. 00:33:06
Myself, yes. 00:33:07
So the. 00:33:12
Motion is carried to approve the variance. 00:33:14
With the condition as listed. 00:33:17
About the register of Deeds. 00:33:20
And the land use administrators directly issue with land use permit incorporated decision of the board. 00:33:23
Now I'll construct that document and get that to Beth. 00:33:34
So she can get the appropriate signatures. 00:33:39
Signed and notarized and then recorded. 00:33:42
Other business, we have a request before the board. 00:34:12
The Roger and Brennan Carlton request that we heard. 00:34:16
A couple months ago, they're going to be requesting removal of the. 00:34:21
Condition for the variance agreement to the Town Rd. 00:34:26
I have a letter. 00:34:31
In favor from the. 00:34:33
Tone of. 00:34:36
Hubbard, which I'll read now. Umm. 00:34:37
Mr. O'Brien, the Town of Hubbard. 00:34:41
Board as well as zoning administrator not have any issues with the setbacks on. 00:34:43
Roger's. 00:34:48
House pertaining to the road. The Town Board, as well as the zoning administrator will grant Carlton's permission. 00:34:49
For them to construct a home within the setbacks of the road without requiring. 00:34:55
Them to potentially remove part of the home we as a town support the carlton's request to remove the condition of a variance 00:34:59
agreement that was placed on. 00:35:03
The decision by the Board of Adjustment. If you have any questions, please reach out. 00:35:08
To our Zoning minister, Daniel Guttenberg at 920-296-4830. 00:35:12
Dan Gutenberg, Chairman. 00:35:19
Tone of Hubbard, zoning Administrator, Town of Hubbard. 00:35:21
If you guys wanted to step forward. 00:35:27
State your name for the record, please. Roger Carlton. 00:35:44
Brenda Carlton. 00:35:47
Is there anything you'd like to add to that or? 00:35:50
Yeah, after. 00:35:53
You granted our variance in. I think that was January. 00:35:55
We've. 00:36:00
Went to several different banks and they wouldn't. 00:36:01
They didn't want to work with that wording on that, on the deed. 00:36:06
Because they felt that their collateral would be in in jeopardy. 00:36:10
So the only way that we could. 00:36:17
You know, move forward is if that. 00:36:19
Wording was taken off. 00:36:21
We would never have any questions. We've never had this before. I just for to refresh my memory, what is your? 00:36:31
The address of your property. I'm trying to it's N5185 Sinnissippi Point Rd. So it's at the turn around point of. 00:36:36
At the end of. 00:36:45
The peninsula there, you go down, OK, inside there. Trust me, I get lost back there. But I think, I know. I think I remember you 00:36:46
now, but I was just trying to get clarity. Sure, sure. 00:36:50
So it's not a, it's not a County Road. No, That's why I. 00:36:56
That's why, you know, knowing this was coming, that's why I thought about the other one right away. 00:37:00
It's probably the same issue on a town Rd. 00:37:05
It's never going to be expanded that it's going to be a problem. 00:37:07
I just got a clear for clarity or Andy. 00:37:11
Does the first new made the motion? 00:37:14
Have to be the 1:00 to. 00:37:17
I. 00:37:19
Don't believe so, No. 00:37:20
Otherwise, I'll make a motion to remove the. 00:37:23
The need for a variance agreement on. 00:37:26
On there the agreement with the register of deeds, that's on their various agreement. 00:37:30
If that's good enough. 00:37:35
Yes, second. 00:37:37
Any discussion? 00:37:39
In this session. 00:37:42
We've never had this happen before, so that's. 00:37:47
We just lost it by matter of course. 00:37:50
We weren't picking on you for any reason. 00:37:54
I'll call the roll on the motion. 00:37:57
Mark. 00:37:59
Yes. 00:38:01
John. 00:38:03
Russ Yes. Rodney, yes. Myself, yes. 00:38:04
Motion is carried by a 5 to 0 vote to remove the. 00:38:08
Register of Deeds Condition Variance agreement. Yep. 00:38:14
So is there anything that we have to do then I think once we get the minutes? 00:38:19
Published. I don't. 00:38:28
That's a fine question. 00:38:29
I will see clarification tomorrow. I appreciate it. Monday, I think they got to be published. 00:38:31
I think they have to. 00:38:38
Which would be. 00:38:40
We'd have to wait till the next meeting. 00:38:43
Which is. 00:38:45
May 8th. 00:38:47
OK, sorry. 00:38:53
All right. We appreciate it. Thank you. 00:38:57
And then we do have a May. 00:39:02
8th. 00:39:03
And we have two agenda items, one in Hubbard and one in Emmett. 00:39:06
We're consistent if nothing else. Yep. 00:39:11
Well, we'll meet you. 00:39:17
On site again, I mean, no matter where I mean. 00:39:22
You know, doesn't make any sense for me to come to Juno so. 00:39:25
Did you want to? Do you want to end in? 00:39:29
Where is. 00:39:31
That's another fine question, I. 00:39:33
It's only 6 miles by 6 miles. Yeah. So we could start in Hubbard and then end in Emmett. So you guys on the lake again in Hubbard, 00:39:37
OR? 00:39:41
Which one is that? That makes a big difference, you know, because no I. 00:39:46
That's a land division, so I don't exactly know where that is. Terry, who's been dealing with that one? 00:39:51
So I don't know where where in Hubbard or? 00:39:59
They exactly are. 00:40:02
So. 00:40:04
Need to have an alternate for that I will not be. 00:40:06
OK, I won't be here either. 00:40:10
That'll be Terry. 00:40:13
His Brice is gone. 00:40:14
And I'm going. 00:40:16
In Alaska, so I don't care what you want to be in on Lake Erie. So you're not gonna turn the new guy loose. 00:40:18
I don't know if he's ready. 00:40:24
Get ready for this. Not for you guys, huh? Just just as a question. 00:40:26
On the On the Conclusions law page. 00:40:32
The first line. 00:40:35
It usually, I said. 00:40:37
The appellants request the subsection blah, blah, blah, blah, blah. 00:40:39
And at all said is an area variance is that? 00:40:42
Is that different because it's set back or is that worded? You word that different I. 00:40:45
Don't remember changing, that's OK. Well whatever. I just it always was listed as These are area variances that I didn't know if 00:40:50
that made any. 00:40:54
There was a change for that reason, but. 00:40:58
Now we'll meet you on site with motion to adjourn. 00:41:01
So move. 00:41:04
Second, all in favor say aye aye. Meeting is adjourned to. 00:41:05
Sign papers are here. 00:41:11
Excellent. We'll meet you somewhere. You didn't forget one this time. After what? 00:41:13
No, no, no. Look at it. That's right. 00:41:23
Thunder Room. 00:41:28
They were here last night. 00:41:29
We should probably make note of that that. 00:41:33
Town roads we really either check with the town prior to. 00:41:37
That they if they require. 00:41:42
I just put on there. 00:41:45
May be required by the town and I think we'll just leave it at that. That's fine, It's just. 00:41:47
Because, you know, going back to that town meeting might take. 00:41:52
Six months and I mean, obviously these people pricing better like to get going with this, I'm sure. 00:41:56
Say God? Probably both. So they're taking the cool, I guess. 00:42:03
Who was here last night under Rd. 00:42:08
Well, there was a couple of. 00:42:11
I guess their boss is really from Town of Shield. 00:42:15
I guess so, yeah. 00:42:18
I think, yeah, he's local. 00:42:19
Never sitting on the on the table. I Mrs. Bail, got one last night, now the. 00:42:26
Their work is not good. Plus I think we're going to, I think it is. We're going to put you over. 00:42:30
All of course. 00:42:36
We had that one time years ago not. 00:42:39
Not a not a pleasant situation. I would, you know, just. 00:42:42
Personal opinion. 00:42:45
If they bid, you've got to be real careful. What's your? 00:42:47
What you're getting that's well, our ad is in the paper and if they want to bid the bid they don't do, we're gonna put ourselves. 00:42:49
Like I said, they just, I don't know what we're gonna do. 00:42:59
You can be able to dive in. Doesn't look like. 00:43:04
You got to be getting rich up there. No, you're. 00:43:08
Losing. Yes. 00:43:19
Yeah. 00:43:20
I come by there every day. No, no, I just like. 00:43:23
Moving dirt, actually. 00:43:28
You can't hardly get across highway CW is that much. I mean you got that much land being going, all 16 traffic is going if you 00:43:44
look at the one down and down. 00:43:48
Pleasant Prairie. 00:43:55
This one's going to dwarf. That's not the designated. 00:43:59
Supposed to go down I-94. 00:44:03
People shouldn't figure out that. 00:44:07
Now they, you know, they chipped all that brush. 00:44:09
Metals are not too happy. 00:44:13
I don't know where the traffic. 00:44:15
Chopped up stuff, but they were hauling it out today. 00:44:18