Board of Adjustment Meeting
Transcript
| OK, indicate light didn't come on so. | 00:00:01 | |
| Let's go. | 00:00:04 | |
| The meeting of the Dodge County Board of Adjustment is hereby called to order. | 00:00:07 | |
| Roll call Mark Osmer here. | 00:00:10 | |
| Don't you keep here. | 00:00:13 | |
| Russell, Katie Here. | 00:00:15 | |
| Bradley, Josephine here. | 00:00:16 | |
| Little nice here. | 00:00:19 | |
| Larry Bishop and Bad to fall, Sir, it's. | 00:00:20 | |
| Excuse. | 00:00:23 | |
| Any county board members? | 00:00:25 | |
| On the committee here. | 00:00:28 | |
| None, OK. | 00:00:31 | |
| A quorum is present. | 00:00:33 | |
| Staff confirmed with compliance that open meeting on public hearing notice requirements. | 00:00:36 | |
| Can confirm. | 00:00:40 | |
| Any changes to the agenda? | 00:00:43 | |
| And as we view the minutes of the June 12th meeting. | 00:00:48 | |
| So move to approve. | 00:00:55 | |
| I'll second it. | 00:00:58 | |
| Any discussion? | 00:01:00 | |
| Doing all in favor. | 00:01:02 | |
| All right, opposed motion is carried. | 00:01:04 | |
| Oh yeah, that's there's an error on there. | 00:01:08 | |
| I did not attend the meeting, but I did attend the meeting. | 00:01:12 | |
| It said conducted side. Sorry my my mistake. Go ahead. | 00:01:16 | |
| Staff, please read the hearing procedures for tonight's hearing. | 00:01:20 | |
| Certainly. | 00:01:23 | |
| We are meeting today to hear. | 00:01:24 | |
| Request for modification to the Dodge County land use code. We series of two public hearings tonight. | 00:01:26 | |
| And the procedure for these hearings will be as follows. | 00:01:31 | |
| The chairman of the Board of Adjustment will read the public hearing notice, after which. | 00:01:36 | |
| Staff. | 00:01:40 | |
| Member Will from the Dodge County Land Resources and Parks Department will read a report that. | 00:01:41 | |
| Has been prepared by the. | 00:01:46 | |
| County staff regarding the request before the board. | 00:01:47 | |
| Following the staff report, the appellant. | 00:01:50 | |
| OR and or their agent will be asked to come before the board. | 00:01:52 | |
| The appellant will be asked to state their name for the record. | 00:01:56 | |
| And they may present their case to the board. | 00:02:01 | |
| Or add any additional information. | 00:02:03 | |
| To the record. | 00:02:05 | |
| Those in attendance wishing to speak in favor or opposition. | 00:02:06 | |
| Can come before the board and speak. If you wish to speak you will be asked to step up to the microphone. | 00:02:10 | |
| Which is located in the center of the room and state your name and address for the record. | 00:02:16 | |
| And to state your position regarding the request before the board. | 00:02:21 | |
| Please address your comments and questions to the Board and not to the appellant. | 00:02:25 | |
| You'll only be allowed to speak once, so please be prepared to present all of your concerns and questions to the board when you | 00:02:29 | |
| speak. | 00:02:33 | |
| After those in attendance have spoken. | 00:02:36 | |
| Written correspondence that has been received by the Board. | 00:02:39 | |
| Or which has been collected by the board during. | 00:02:42 | |
| And the on site visits will be read into the record. | 00:02:45 | |
| The Board will have an opportunity to ask the appellant any questions following the Board's. | 00:02:48 | |
| Questions. The appellant will be allowed to give a final statement for the record. | 00:02:54 | |
| After giving after receiving all of the testimony, the board will then deliberate. | 00:02:59 | |
| And we'll make a decision to grant. | 00:03:04 | |
| Grant in part or deny the variance request. | 00:03:06 | |
| And if approved, they may place conditions on the approval. | 00:03:09 | |
| If they feel necessary to address any address or mitigate any potential adverse impacts. | 00:03:13 | |
| The proposal may have on the adjacent properties or the Community. | 00:03:19 | |
| If the variance is approved, the staff will be directed to issue. | 00:03:23 | |
| And land use permit incorporating those conditions approved by the board. | 00:03:27 | |
| Any person or persons aggrieved by any decision of the Board of Adjustment may. | 00:03:32 | |
| Present to a court of record a petition. | 00:03:36 | |
| Duly verified. | 00:03:40 | |
| Setting forth that such decisions illegal and specifying the grounds of the illegality. | 00:03:42 | |
| Such petitions shall be presented to the Circuit Court of this county within 30 days. | 00:03:48 | |
| After the filing of the decision. | 00:03:54 | |
| In the office of the Board of Adjustment, the county assumes no liability. | 00:03:56 | |
| For and makes no warranty. | 00:04:00 | |
| As to the reliance. | 00:04:03 | |
| Of any decision if construction is commenced prior to the expiration date. | 00:04:05 | |
| Of this 30 day period if during. | 00:04:09 | |
| The meeting. | 00:04:12 | |
| This meeting procedural questions. | 00:04:14 | |
| Or other points of order arise. The final decision of this board may be. | 00:04:16 | |
| Postponed. | 00:04:20 | |
| Until more information is gathered. | 00:04:21 | |
| Considered or properly acted upon. | 00:04:23 | |
| Thank you, Andy. | 00:04:29 | |
| Notices, everybody, given that a public hearing will be held by the Dodge County Board of Adjustment. | 00:04:35 | |
| On Thursday, June 19, 2025 at 7:00 PM. | 00:04:39 | |
| Or shortly thereafter on the first floor of the Dodge County Administration Building. | 00:04:43 | |
| Tuna, Wisconsin. On the appeal of Donald. | 00:04:48 | |
| And the cold theater. | 00:04:50 | |
| Or they're into the terms of the highway set back provisions of the Dodge County Land Use Code. | 00:04:52 | |
| Through a loan accessory structure that would not meet set back. | 00:04:57 | |
| Current set back. | 00:05:01 | |
| This request is a variance to sections. | 00:05:03 | |
| Five point 2.3 and tabled by. | 00:05:06 | |
| 5.1 Dash 1. | 00:05:09 | |
| For the Dodge County land use code. | 00:05:11 | |
| Property Location Part of the southwest quarter of the Southwest Quarter, Section 22. | 00:05:14 | |
| Tone of claim and site address being. | 00:05:19 | |
| W6348. | 00:05:22 | |
| County Road J. | 00:05:24 | |
| A copy of the proposed petition is available for review. | 00:05:29 | |
| In the county Land Resources and Parks Department between the hours of eight. | 00:05:32 | |
| AM and 4:30 PM, Monday through Friday. | 00:05:35 | |
| All persons interested are invited to attend and be heard. | 00:05:38 | |
| Written comments may be submitted to the Dodge County Land Resources and Parks Department. | 00:05:42 | |
| At 127 E Oak St. Juneau, WI. | 00:05:47 | |
| Or by e-mail to. | 00:05:50 | |
| To the office no later than June 18th. | 00:05:52 | |
| 2025. | 00:05:56 | |
| That's that's County Board of Adjustment by William Knox, Chairman. | 00:05:59 | |
| Staff, please read your. | 00:06:05 | |
| Certainly. | 00:06:06 | |
| County's jurisdiction The county has jurisdiction over the site is Town of Climate has adopted the county's Hwy. set back | 00:06:08 | |
| ordinance. | 00:06:10 | |
| Review criteria subsection 2.3 point 12 point A through 2.3 point 12 point G of Dodge County Land use code. | 00:06:14 | |
| Details. Procedural matters. | 00:06:22 | |
| And the approval criteria for variance process. The board shall hold a public hearing on each variance application. | 00:06:24 | |
| And the following and the following Public Hearing Act to approve approval conditions. | 00:06:30 | |
| Or deny the variance based on. | 00:06:35 | |
| The approval criterion. | 00:06:37 | |
| In section 2.3, point 12, point E. | 00:06:39 | |
| Appellants request. | 00:06:42 | |
| An application for a variance request. | 00:06:44 | |
| Was submitted by the applicant on April 14th, 2025 for the request. | 00:06:46 | |
| To the terms of the highway set back provisions of the Dodge County Highway set back ordinance to allow an accessory structure. | 00:06:51 | |
| That does not meet the right of way setbacks as proposed. | 00:06:58 | |
| The project will be 48.72 feet from the right of way. | 00:07:01 | |
| Of Carney Highway J or 18.28. | 00:07:05 | |
| Feet within the required set back, thus prohibited by the code. | 00:07:08 | |
| This request. | 00:07:12 | |
| Is a variance. | 00:07:14 | |
| Subject subsection. | 00:07:15 | |
| 4.2. | 00:07:18 | |
| And Table 1-1 of the Dodge County Highway set back ordinance. | 00:07:19 | |
| Features The county has jurisdiction over the site as Town of Climate has adopted the county Highway Set Back ordinance, which | 00:07:23 | |
| regulates the placement of structures within 200 feet of public. | 00:07:27 | |
| Roadways. | 00:07:31 | |
| The town of climate is town zone. | 00:07:33 | |
| The property is presently being proposed to be used for residential use. | 00:07:36 | |
| Physical features of this 18.665 acre lot includes moderately sloping topography. | 00:07:40 | |
| With slopes ranging from 2 to 6%, the parcel is currently undeveloped. | 00:07:46 | |
| With some planted Pines. | 00:07:51 | |
| And some DNR regulated wetlands. | 00:07:53 | |
| The building placement appears to be within these wetlands, the Dodge County. | 00:07:56 | |
| Dodge Company does not have Charlotte OR. | 00:08:00 | |
| Wetland jurisdiction over these wetlands. | 00:08:02 | |
| The general character of the surrounding land use consists of agricultural fields. | 00:08:07 | |
| With associated homes. | 00:08:11 | |
| The village of Climbing. | 00:08:13 | |
| Since 1/4 of a mile to the West. | 00:08:14 | |
| The. | 00:08:17 | |
| Hose shed would not meet their set back. | 00:08:18 | |
| Would meet the set back from the center line of County Highway J, but would not meet this right of way set back. | 00:08:21 | |
| According to county records, the right of way. | 00:08:27 | |
| At this location is varied in front of the structure of the right of way varies from 52 to 55 feet in width on the north side of | 00:08:30 | |
| county Highway J. | 00:08:34 | |
| On April 7th. | 00:08:39 | |
| 2025 An application for county land use permit. | 00:08:40 | |
| Was made by the appellant in order they be allowed to construct. | 00:08:43 | |
| A garage on the southwest corner of the property. | 00:08:47 | |
| Permit was denied by the county land use administrator. | 00:08:50 | |
| For the following reasons, subsection 4.2. | 00:08:53 | |
| And Table 1-1 of the Dodge County Highway Ordinance. | 00:08:56 | |
| Set back Ordinance refer to the required setbacks from public roads, streets and highways under the Dodge County Land Use Code. | 00:08:59 | |
| The required set back for a county highway. | 00:09:06 | |
| Is 100 feet from the center line or 67 feet. | 00:09:08 | |
| From the right of way, whichever distance is greater. | 00:09:12 | |
| As proposed, the shed will be located 104 feet in center line of County Highway J. | 00:09:15 | |
| Which meets the required set back and 48.72 feet from the right of way. | 00:09:20 | |
| Of county highway J or 18.28 feet within the required set back therefore. | 00:09:26 | |
| Not in compliance with the ordinance. | 00:09:31 | |
| Provisions and therefore prohibited by the ordinance. | 00:09:33 | |
| The appellant is requesting an area variance to. | 00:09:36 | |
| Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance. | 00:09:39 | |
| Purpose statement. The highway setback provisions. | 00:09:45 | |
| Of the. | 00:09:48 | |
| County highway set back ordinance promote a variety of public purposes, such as providing light and air. | 00:09:49 | |
| Fire Protection. Traffic Safety. Prevention of overcrowding. | 00:09:54 | |
| Solving drainage problems and protecting the appearance and character of the neighborhood. | 00:09:57 | |
| And conserving property values the highway set back provisions also provide. | 00:10:02 | |
| For a uniform set back. | 00:10:07 | |
| For all structures along all roadways. | 00:10:09 | |
| Within the county. | 00:10:12 | |
| In order to provide safe visibility while entering or exiting the site. | 00:10:13 | |
| And to save taxpayers of Dodge County from. | 00:10:16 | |
| Purchasing non conforming structures located within the. | 00:10:20 | |
| Highway set back lines. | 00:10:22 | |
| When those structures need to be removed. | 00:10:24 | |
| For Hwy. improvement for relocation projects. | 00:10:27 | |
| Staff believes that the appellant is requesting an area variance to subsection 4.2 and Table 1-1 of the Dodge County. | 00:10:34 | |
| Highway set back ordinance staff believes that the appellant. | 00:10:41 | |
| Has quote compliant options. | 00:10:44 | |
| To place the shed on the property. | 00:10:46 | |
| The staff points out that the board does not have summary power to ignore the ordinance provisions. | 00:10:48 | |
| Or objections. | 00:10:53 | |
| Objectives. | 00:10:55 | |
| The burden also falls on the appellant to convincingly can demonstrate the board. | 00:10:56 | |
| That a literal enforcement of the land use code regulations would result. | 00:10:59 | |
| An unnecessary hardship. That hardship is due to special conditions unique to the property. | 00:11:03 | |
| And if granted, the variance would not be. | 00:11:08 | |
| Contrary to the public interest. | 00:11:10 | |
| The board should. | 00:11:12 | |
| Determine if the highway set back provisions of the code. | 00:11:13 | |
| Or unnecessarily burdensome in this case. | 00:11:16 | |
| Board should also consider. | 00:11:19 | |
| The cost of the county. The highway. | 00:11:20 | |
| And the public of having to purchase this structure in the future of the structure would need to be removed for Hwy. improvement | 00:11:23 | |
| or relocation projects. | 00:11:27 | |
| If the board. | 00:11:31 | |
| Can make findings that are necessary in order to. | 00:11:32 | |
| Grant a variance. In this case, staff recommends the following conditions of approval. | 00:11:35 | |
| In order the taxpayers. | 00:11:39 | |
| To save the taxpayers the cost of having to purchase a snack conforming structure in, the future of the structure needs to be | 00:11:42 | |
| removed for Hwy. improvement or relocation projects. | 00:11:46 | |
| 1A Variance agreement shall be recorded with the register of deeds in the amount of the value. | 00:11:50 | |
| Of the shed prior to the issuance of the variance. | 00:11:55 | |
| A plat of survey to be conducted. | 00:11:59 | |
| Showing a new complete the new completed structure prior to the issuance of the variance. | 00:12:01 | |
| The plat. | 00:12:07 | |
| Is to be attached to the. | 00:12:08 | |
| Variance agreement. | 00:12:10 | |
| And ensured. | 00:12:11 | |
| Wetland delineation to be done. | 00:12:13 | |
| From a DNR approved. | 00:12:15 | |
| Delineator prior to the issuance of the variance. | 00:12:17 | |
| Thank you, Andy. | 00:12:23 | |
| Would the appellant please come forward? | 00:12:28 | |
| Right. | 00:12:36 | |
| You state your name for the. | 00:12:47 | |
| Record please. | 00:12:49 | |
| Donald Theater. | 00:12:51 | |
| Nicole Theater. | 00:12:52 | |
| Thank you. | 00:12:53 | |
| Is there any information regarding your request that you would like to add to the record at this time? | 00:12:56 | |
| No, no. | 00:13:01 | |
| Is there anyone in attendance that would like to speak with her? | 00:13:05 | |
| Speak in favor of the variance request before the board. | 00:13:08 | |
| Is there anyone in the audience that would like to speak in favor of the variance request before the board? | 00:13:12 | |
| Anyone in the audience that would like to speak in favor of the variance request before the board? | 00:13:20 | |
| Bill, I'd like to point out Town of Climbing is in favor. | 00:13:25 | |
| We did send a letter in. | 00:13:29 | |
| Oh Yep Yep I do have that has not been read and there's a letter from our engineer also. | 00:13:30 | |
| That has not been read or put in the record. | 00:13:35 | |
| I should have been in already. | 00:13:39 | |
| I'll read that now. | 00:13:42 | |
| To whom it may concern, the Town of Climate has reviewed the proposed project that parcel. | 00:13:46 | |
| 01210152234-002, Also known as W 6348 County. | 00:13:51 | |
| County Road J. | 00:13:59 | |
| On the climate and the associated application for the variance. | 00:14:00 | |
| From the Dodge County Highway set back requirements, which assumes the placement of the accessory structure within 100 feet. | 00:14:04 | |
| Of the centerline of kind of road J. | 00:14:10 | |
| Town of Kleiman, Dodge County. | 00:14:13 | |
| Based on our review of the documentation, is our opinion that granting this variance will have no impact on the general? | 00:14:15 | |
| Public or neighborhood properties? If you have any questions, please contact me sincerely. | 00:14:21 | |
| Mark Othmer, town chair. | 00:14:25 | |
| That is it. | 00:14:37 | |
| OK. Is there anyone in attendance that would like to speak in opposition to this variance request? | 00:14:40 | |
| GC huh? | 00:14:47 | |
| Didn't GEC send you one? I didn't see anything. Yeah they sent you one cuz I got a copy of it already. | 00:14:49 | |
| There was one in our packet. | 00:14:54 | |
| It was one in our packet from GEC. | 00:14:55 | |
| Package right here you want it. | 00:15:07 | |
| I should have it here. | 00:15:09 | |
| I shall read that one as well. | 00:15:26 | |
| To whom it can make concern as the engineer of the town of Kleinman and village of climb and I reviewed the proposed. | 00:15:28 | |
| Project at. | 00:15:33 | |
| 01210152234002. | 00:15:35 | |
| And the associated application for a variance from the Dodge County Highway set back requirements, which assumes the placement of | 00:15:39 | |
| an accessory structure. | 00:15:42 | |
| Within 100 feet of the centerline of county. | 00:15:46 | |
| Road J, based on my review of the documentation, is my professional opinion that granting this variance will have no impact? | 00:15:48 | |
| On the general public or neighboring properties. If you have any questions regarding this, please contact me, yours truly, General | 00:15:55 | |
| engineering. | 00:15:58 | |
| Lucas Lisboa. | 00:16:02 | |
| Town and. | 00:16:03 | |
| Village of climate engineer. | 00:16:05 | |
| OK. Thank you. | 00:16:09 | |
| Is there anyone in attendance that would like to speak in opposition to this variance request? | 00:16:11 | |
| Anyone in? | 00:16:17 | |
| The audience that would like to speak in opposition to this variance request. | 00:16:18 | |
| He had the written correspondence rate. | 00:16:23 | |
| Yep. Board, have any questions of the appellant? | 00:16:26 | |
| Would the appellant like to make a final statement for the record? | 00:16:33 | |
| No. | 00:16:38 | |
| Public testimony is completed and the Board will now delivery the manner of the before them. | 00:16:45 | |
| Looking for. | 00:16:50 | |
| Motion to approve or deny. | 00:16:54 | |
| Don't know conclusions as you the conclusions first. | 00:16:56 | |
| Pardon. | 00:16:59 | |
| You ready? | 00:17:02 | |
| Based on the facts presented in the application and at the public hearing, the Board concludes that. | 00:17:04 | |
| The appellant request to Section 4.2 and Table 1-1 of the County set back Highway. | 00:17:10 | |
| Ordinance that refer to the set back for public roads. | 00:17:15 | |
| Yes or no? | 00:17:20 | |
| Yes, yes. | 00:17:21 | |
| Is there a physical limitation is unique to this property prevents the appellant from complying with the highway set back. | 00:17:23 | |
| Provisions of the ordinance. | 00:17:28 | |
| Of the highway set back provisions, the ordinance unnecessarily burdensome in this case, thereby creating a hardship. | 00:17:33 | |
| They do meet the 100 feet. | 00:17:43 | |
| And the the right away keeps changing along that road, I mean. | 00:17:47 | |
| You know they. | 00:17:52 | |
| They could have put the shed back. | 00:17:53 | |
| The proper distance, you know, that's just. | 00:17:56 | |
| I don't know if they had bad information or what happened but. | 00:17:58 | |
| There's so much stuff there, you know, with. | 00:18:11 | |
| Underground pipes and. | 00:18:14 | |
| Restrictions and whatnot also. | 00:18:17 | |
| Yeah. | 00:18:20 | |
| They could have had it back. | 00:18:21 | |
| Far enough to meet the. | 00:18:23 | |
| Meet the requirements. It's, you know, it's hard to say it's hard. | 00:18:24 | |
| That it's a hardship. | 00:18:27 | |
| Great. | 00:18:30 | |
| I want to answer yes no. | 00:18:40 | |
| My answer is yes, but I don't know what the rest don't think. | 00:18:44 | |
| It's supposed to be a yes if we're going to prove it. | 00:18:48 | |
| Well, so we need to put an answer on your song. | 00:18:50 | |
| All right. Does the appellant have other options available to complete these projects within the limits? | 00:18:54 | |
| Can move it back again. | 00:19:01 | |
| Once again, yes they could. | 00:19:02 | |
| All right, because it you know there is that there is the area there to move it to. | 00:19:03 | |
| What Harvard exists to the variance is denied. | 00:19:12 | |
| Cost of moving it. | 00:19:16 | |
| Yeah, but we're supposed to look at it like it. | 00:19:18 | |
| They haven't started anything yet. I guess it's not it's. | 00:19:21 | |
| The projects harmful anyway to the public's interest? No, no. | 00:19:25 | |
| As a board of information to make a decision, yes. | 00:19:30 | |
| Does the Board believe the appellants variance request and Hwy. set back orders meet the criteria that necessary in order to grant | 00:19:35 | |
| the area variance? | 00:19:38 | |
| So. | 00:19:50 | |
| If the board can make the findings so grant variance. | 00:19:52 | |
| Or any conditions of approval necessary in this case to mitigate any potential adverse. | 00:19:55 | |
| Impacts. | 00:20:00 | |
| I would suggest everything is listed there. | 00:20:01 | |
| If we do it. | 00:20:04 | |
| Definitely. | 00:20:05 | |
| There about the wetland cleaning especially is very. | 00:20:06 | |
| I think they have that in a packet. | 00:20:11 | |
| There's a little bit different though. You sure Dylan Eater is different than what was provided there so. | 00:20:13 | |
| Bill. | 00:20:22 | |
| I'm looking for a motion to approve or deny the variance request before the board. | 00:20:24 | |
| Also move to approve with the. | 00:20:55 | |
| The things up on top though. | 00:20:59 | |
| What we talked about so. | 00:21:02 | |
| Is there a second? | 00:21:07 | |
| I'll second. | 00:21:08 | |
| Any discussion? | 00:21:11 | |
| I you know it. | 00:21:14 | |
| It doesn't hurt anybody, but it's it's too bad that it was. | 00:21:16 | |
| It came to this, you know, it should have been. | 00:21:19 | |
| You know. | 00:21:21 | |
| They shouldn't have needed a variance that should have been back. | 00:21:22 | |
| Originally, start with. I mean, like you said, it's not. | 00:21:25 | |
| I don't see the building as an issue, but I do. | 00:21:27 | |
| I hate to always. | 00:21:30 | |
| You know, muddy the waters, but but. | 00:21:32 | |
| Right. | 00:21:36 | |
| Any other? | 00:21:41 | |
| Discussion. | 00:21:42 | |
| Peter and how cold of water. | 00:21:46 | |
| Mark, Abstain. | 00:21:48 | |
| John, I'll vote yes. | 00:21:53 | |
| Russell. | 00:21:59 | |
| Rodney. | 00:22:02 | |
| Myself, yes. | 00:22:04 | |
| We have 4 yes votes, 1 abstention. | 00:22:06 | |
| So the motion is. | 00:22:09 | |
| Approve the. | 00:22:11 | |
| Variance with the conditions listed above. | 00:22:13 | |
| The base of the above finding the conclusion of the. | 00:22:23 | |
| In this record. | 00:22:26 | |
| The graph. | 00:22:27 | |
| Granted the variance as proposed with the conditions. | 00:22:30 | |
| And Atlanta uses ministers. | 00:22:35 | |
| Directed through an issue a land use permit incorporated decision of the Board. | 00:22:37 | |
| Go back, go back to London and see if it's still there. | 00:23:00 | |
| Still there? You heard Andy saying. You know that. | 00:23:04 | |
| So wait to 30 days in case. | 00:23:07 | |
| If you don't. | 00:23:10 | |
| If you start before 30 days, you're at your own risk. | 00:23:11 | |
| Case somebody files a. | 00:23:14 | |
| With the court. | 00:23:15 | |
| OK. All right. | 00:23:17 | |
| Notice hereby given that a public hearing will be held by the Dodge County Board of Adjustment on Thursday, June 19th, 2025. | 00:23:32 | |
| At 7:15 or shortly thereafter on the first floor of the Dodge County Administration Building, Juno, Wisconsin. | 00:23:39 | |
| And the appeal of Douglas. | 00:23:45 | |
| Venega and. | 00:23:47 | |
| Sandra Morris Majors, I'm sorry. | 00:23:49 | |
| Sandra Majors for a variance request. | 00:23:51 | |
| Was submitted by the appellant was relief. | 00:23:54 | |
| For a variance to the items of the ordinary high watermark. | 00:23:57 | |
| Set back provisions of the Dodge County Shoreland Protection Ordinance. | 00:24:00 | |
| To allow a fire pit in retaining walls to remain. | 00:24:04 | |
| That does not comply with the required 75 foot set. | 00:24:08 | |
| This request is a variance of subsection 6.1. | 00:24:12 | |
| Of the Dodge County Shoreland Protection Ordinance. | 00:24:15 | |
| Property location. | 00:24:18 | |
| Part of the Northeast quarter or the Southeast quarter, Section 11, town of Westbrook. | 00:24:20 | |
| Site address being W 10330. | 00:24:25 | |
| Sunny Point Rd. | 00:24:29 | |
| A copy of the proposed petition is available for review and the. | 00:24:32 | |
| County Land Resources and Parks Department. | 00:24:35 | |
| Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. | 00:24:39 | |
| All persons interests are invited to attend and be heard. | 00:24:44 | |
| Written comments may be submitted to the Dodge County Land Resources. | 00:24:47 | |
| Cars departure 127 E. | 00:24:51 | |
| Oak Street. | 00:24:53 | |
| Or by e-mail. | 00:24:54 | |
| Dodge County Board of Adjustment by William Mass, chairman. | 00:24:56 | |
| Staff report yes, certainly the county has jurisdiction over This site is the town is Westford. | 00:25:02 | |
| Falls on the county shoreland protection ordinance. | 00:25:07 | |
| Subsection 14.71 and 14. | 00:25:10 | |
| .76 of the Dodge County shoreland Protection. | 00:25:13 | |
| Ordinance lists procedural matters and the approval criteria for variance. | 00:25:18 | |
| For the variance process, the board shall hold a public hearing for on each variance application. | 00:25:22 | |
| The following Public Hearing act to approve. | 00:25:27 | |
| Approved with conditions or deny the variance based upon. | 00:25:31 | |
| The approval criteria of section. | 00:25:34 | |
| 14.7. | 00:25:37 | |
| 6 on May 1st. | 00:25:39 | |
| 2025 and after the fact application for a variance. | 00:25:42 | |
| Request was submitted by the appellant. | 00:25:45 | |
| With a request for a variance to the terms of the ordinary how watermark set back. | 00:25:48 | |
| Provisions of the current. | 00:25:52 | |
| Dodge County strolling protection ordinance to allow for a fire pit entertaining walls. | 00:25:53 | |
| To remain that do not comply with the required set back. | 00:25:58 | |
| The fire pit is located 37 feet from the ordinary high watermark of Beaver Dam Lake. | 00:26:02 | |
| Or 38 feet within the. | 00:26:07 | |
| Required set back and thus prohibited by the code. | 00:26:09 | |
| The retaining walls are located 0 feet from the ordinary high watermark of Beaver Dam Lake or 75 feet within the required set back | 00:26:12 | |
| and thus prohibited by the Code. | 00:26:16 | |
| The county has Charlotte jurisdiction over the site as the site is located 1000 feet. | 00:26:22 | |
| Within 1000 feet of the ordinary high watermark of inevitable water. | 00:26:28 | |
| Beaver Dam Lake. | 00:26:32 | |
| The county also has floodplain jurisdiction over the site. | 00:26:33 | |
| This portions of the site designated. | 00:26:37 | |
| Are designated as floodplain. | 00:26:39 | |
| On the maps listed in section. | 00:26:42 | |
| 1.5 Parent to a of Dodge County floodplain ordinance. | 00:26:44 | |
| Portions of the site also. | 00:26:49 | |
| Are located within the Flood Storage district. | 00:26:51 | |
| The property is presently being used for residential use. | 00:26:54 | |
| Physical features of the point. | 00:27:02 | |
| 375 acre lot. | 00:27:04 | |
| Include fairly flat. | 00:27:06 | |
| Topography with slopes ranging from zero to 2%. The parcel contains a residence and associated accessory structures. | 00:27:08 | |
| The current impervious surface on the property is. | 00:27:15 | |
| 2787 square feet. | 00:27:19 | |
| Or 17.06%. | 00:27:22 | |
| These structures. | 00:27:24 | |
| Do not impact the impervious surface calculations. This property is considered a highly developed shoreline. | 00:27:26 | |
| Under Section 9.4 of the Dodge County Charlotte Protection Ordinance and is permitted up to 30% of impervious surfaces. | 00:27:31 | |
| Without mitigation. | 00:27:39 | |
| The general character of the surrounding. | 00:27:41 | |
| Land use consists of single family residences to the east and West and agro. | 00:27:43 | |
| Cultural Field. | 00:27:47 | |
| Is located to the South. | 00:27:49 | |
| Of Sunny Point Rd. | 00:27:50 | |
| Per Section 16.2 of the Dodge County Shoreland Protection Ordinance. | 00:27:52 | |
| Both a fire pit and a retaining wall are defined as structures. | 00:27:57 | |
| Permit History July 5th, 2024 and after the fact application for a county land use permit was made. | 00:28:02 | |
| By the appellant in order to resolve a land use violation for the construction of a fire pit. | 00:28:09 | |
| In retaining walls on the Northside of the residence without a permit. | 00:28:14 | |
| An on site inspection was conducted on July 10th. | 00:28:19 | |
| 2024 the following. | 00:28:22 | |
| Further following further review and additional correspondence between the staff. | 00:28:24 | |
| And the owners? | 00:28:29 | |
| After the fact. | 00:28:30 | |
| Land use permit was denied on May 6, 2025. | 00:28:31 | |
| A variance application was submitted. | 00:28:35 | |
| To this department on May 1st, 2025. | 00:28:37 | |
| Applicable ordinance Applicable ordinance provisions in this case section. | 00:28:42 | |
| 6.1. | 00:28:47 | |
| The shoreline setbacks within. | 00:28:48 | |
| Dodge County Shoreland set back ordinance you unless exempt. | 00:28:50 | |
| A set back of 75 feet from the ordinary Hill watermark. | 00:28:54 | |
| Of any navigable waters to the nearest part of it. | 00:28:58 | |
| A building or structure shall be all be required. | 00:29:02 | |
| For all buildings and structures. | 00:29:05 | |
| The permit was denied by the county Land use Miss. | 00:29:08 | |
| Administrator for the following reasons. | 00:29:12 | |
| That's constructed. The fire pit is located 37 feet from the ordinary high watermark of. | 00:29:14 | |
| Beaver Dam Lake or 38 feet within the required set back. | 00:29:18 | |
| And thus prohibited by 6 sections 6.1 of the Dodge County. | 00:29:22 | |
| Showing ordinance. Additionally, the retaining walls are located 0 feet from the ordinary high watermark. | 00:29:26 | |
| A Beaver Dam, lake or 75 feet within the required set back. | 00:29:32 | |
| And thus prohibited by section 6.1 of the Dodge County Shoreland. | 00:29:35 | |
| Ordinance. The appellant. | 00:29:40 | |
| Is requesting an area variance to section 6.1 of the Dodge County. | 00:29:42 | |
| Soil and protection ordinance. | 00:29:45 | |
| No response from the town. | 00:29:49 | |
| Purpose Statement The purpose of the water set back provisions of the code. | 00:29:51 | |
| Are to require a uniform set back distance from the water. | 00:29:55 | |
| Preserve the public interest in shore lands and navigable waters. | 00:29:58 | |
| Of the state. | 00:30:02 | |
| And for every property owner. | 00:30:03 | |
| That can that has frontage out. | 00:30:06 | |
| On a body of water. | 00:30:08 | |
| Is required to comply with this uniform set back requirement. | 00:30:10 | |
| In this case, both the fire pit and the retaining walls are located within the. | 00:30:14 | |
| Set back of the. | 00:30:17 | |
| And therefore prohibited by the code. | 00:30:19 | |
| Staff Advisory staff points out the board does not have summary power, so ignore. | 00:30:22 | |
| Provisions or objectives? | 00:30:26 | |
| Burden also falls on the appellant to convincely demonstrate. | 00:30:28 | |
| To this board that a little enforcement of both the land use. | 00:30:31 | |
| Code and the shoreline protection ordinance. | 00:30:34 | |
| Regulations would result in an unnecessary hardship that. | 00:30:37 | |
| The hardship is due to special conditions unique to the property and if granted. | 00:30:40 | |
| The variance would not. | 00:30:44 | |
| Be contrary to the public interest. | 00:30:45 | |
| It's a staff's position that the board will not be able. | 00:30:47 | |
| Will be unable to make the findings necessary in order to grant the. | 00:30:51 | |
| In this case, and therefore the variance request should be denied. | 00:30:55 | |
| Thank you, Andy. | 00:31:00 | |
| Would you tell them please step forward? | 00:31:02 | |
| Bill, we do have a. | 00:31:08 | |
| When it comes to the point, we do have a. | 00:31:09 | |
| DNR response. | 00:31:11 | |
| State your name for the record please. Hi, my name is Doug Benigay. I live at W. | 00:31:16 | |
| 10320 Sunny Point Rd. | 00:31:20 | |
| Sandra Majors, same address. | 00:31:23 | |
| Any information regarding the request that you would like to add to the record at this time? | 00:31:26 | |
| Well, yeah, I think somewhere along the line there's just been some confusion on this because we didn't really, we were told we | 00:31:31 | |
| had to do a variance, but we haven't changed anything. We we. | 00:31:35 | |
| We repaired. | 00:31:39 | |
| Existing structures. | 00:31:40 | |
| Which I was under the impression that was OK to do. We haven't. | 00:31:42 | |
| Added any structures, we just we repaired those there. We bought the house about five years ago. | 00:31:47 | |
| We did a full restoration on it about two years ago. We. | 00:31:52 | |
| We moved in and we started doing, you know, yard work and cleaning up that stuff, and there's a lot of disrepair with the. | 00:31:56 | |
| The the wall that was on the shoreline was falling apart as just as wood 656 is the the rock on the shorelines, the combination of | 00:32:04 | |
| cinder block brick. | 00:32:09 | |
| Concrete slabs. | 00:32:14 | |
| Broken bottles. | 00:32:16 | |
| And and rock. | 00:32:18 | |
| And and even some asphalt was in there. | 00:32:19 | |
| You know, cleaned all that up. | 00:32:22 | |
| So everything we've done is just been to repair and and preserve what was already there, so. | 00:32:24 | |
| When we're asked to do a variance, it was kind of confusing because we felt like that somehow admitting that we. | 00:32:30 | |
| We added something. | 00:32:36 | |
| But we haven't added anything. | 00:32:37 | |
| We just repaired things that were already there. | 00:32:40 | |
| So I'm not even sure why we're here. I don't, I don't understand how the process works. And you know, some of that's our fault. | 00:32:43 | |
| We've tried to read up and understand it, but. | 00:32:46 | |
| So you know if we messed up somewhere along the line and making this part clear. | 00:32:50 | |
| But uh. | 00:32:54 | |
| You know, when we're asked to do a variance or both. | 00:32:55 | |
| We're not asking, you know we don't have a. | 00:32:58 | |
| We're not varying anything. We're repaired. | 00:33:01 | |
| Placing stuff you know, it's all been a repair work. | 00:33:04 | |
| Thank you clarification on. | 00:33:10 | |
| Response to that is that. | 00:33:12 | |
| The replacement of non conforming structures requires a permit. | 00:33:15 | |
| And there was no permit taken out. | 00:33:20 | |
| And. | 00:33:22 | |
| Now that those structures are gone. | 00:33:23 | |
| We don't know what was there. | 00:33:25 | |
| We can't give you a permit for what we don't know was there we. | 00:33:28 | |
| If it would have been. | 00:33:32 | |
| Done in the proper order. | 00:33:34 | |
| Any any replacement? I'm not good for any structures. | 00:33:36 | |
| Could have been approved. | 00:33:39 | |
| So what can we do to provide proof that this stuff did exist? Because we've got some. | 00:33:40 | |
| Neighbors here that. | 00:33:46 | |
| They've lived in. | 00:33:48 | |
| I believe Bryce Johnson from our. | 00:33:49 | |
| Department is asked for. | 00:33:53 | |
| Proof. | 00:33:56 | |
| That we haven't received yet. | 00:33:57 | |
| We gave we sent letters in, we've sent affidavits in. There's no visual pictures because of what the property looked like before | 00:33:59 | |
| and you. | 00:34:02 | |
| Couldn't see aerials or anything like that because it was covered with trees. | 00:34:06 | |
| So when I spoke with Terry Oak. | 00:34:09 | |
| He said provide something and so that's why we got the letters together from all of our neighbors to confirm. | 00:34:11 | |
| That there was a fire pit and. | 00:34:17 | |
| The walls there. | 00:34:19 | |
| And those are submitted with the one of the last applications that I submitted. | 00:34:21 | |
| In our in our business it's. | 00:34:27 | |
| It's kind of a show me thing. | 00:34:28 | |
| We don't have any visual. | 00:34:30 | |
| Proof that it was there. | 00:34:32 | |
| So. | 00:34:33 | |
| We can't move on it. | 00:34:34 | |
| You know. | 00:34:35 | |
| I don't understand that is. | 00:34:37 | |
| How to prove something that was there when? | 00:34:39 | |
| Not there anymore. | 00:34:41 | |
| Other than we got witnesses. | 00:34:44 | |
| You know, and I would think witnesses. | 00:34:46 | |
| Would be valuable. | 00:34:49 | |
| I mean that seems. | 00:34:50 | |
| It works in court, it's something that's always taken into account. | 00:34:52 | |
| You know, and we apologize for not. | 00:34:58 | |
| Knowing better. | 00:35:00 | |
| Yeah, but that's what all we can do. Apologize. We don't. | 00:35:02 | |
| This is all new to us. | 00:35:06 | |
| We uh. | 00:35:07 | |
| Didn't know that there was a problem. We thought that replacing things was was. | 00:35:09 | |
| You know, umm. | 00:35:12 | |
| Was a fair, but that was all a fair game, you know, we weren't aware so. | 00:35:14 | |
| So that would apologize, but. | 00:35:17 | |
| To take this out now, I'm not even sure what we do or how we go about it. | 00:35:19 | |
| And. | 00:35:25 | |
| At the same time. | 00:35:27 | |
| Sandra just lost her job working for the government for several years. So we're down to a single income. So that's, you know, | 00:35:28 | |
| makes it's going to. | 00:35:32 | |
| It's going to be substantial expense and I don't know how we could even swing some of that right now. | 00:35:35 | |
| After 30 some years between Army and and Veterans Administration. | 00:35:40 | |
| You know, with the cutbacks in the government. | 00:35:45 | |
| She's, you know, unemployed at the moment. | 00:35:47 | |
| Not sure if that's. | 00:35:52 | |
| Carnage here or not, but is there? | 00:35:56 | |
| Anyone in attendance that would like to speak in favor of this request? | 00:35:58 | |
| Would you step up please? | 00:36:03 | |
| State your name for the record. | 00:36:06 | |
| He's on over here. | 00:36:11 | |
| Yep. | 00:36:13 | |
| My name is Dave Lamers. | 00:36:18 | |
| I'm three houses over. | 00:36:19 | |
| To the West from him. | 00:36:23 | |
| The Shoreline. | 00:36:25 | |
| Address please W10344. | 00:36:26 | |
| Sunny Point Rd. | 00:36:30 | |
| And I've been there. | 00:36:32 | |
| 4848 years. | 00:36:34 | |
| 48 years been there since we've been married so. | 00:36:36 | |
| I used to people Paul Jung. | 00:36:41 | |
| Lived at the residence. Dennis Gale. | 00:36:44 | |
| People I. | 00:36:46 | |
| And we used to go over there and. | 00:36:47 | |
| In a big bonfire bit in the middle of the yard. | 00:36:48 | |
| We were there all the time. | 00:36:52 | |
| I mean the fire pit. | 00:36:53 | |
| The people that lived in between there is Scott. I didn't know him well. | 00:36:55 | |
| But that was 15 years in between. | 00:36:59 | |
| Now, like Doug said when he. | 00:37:03 | |
| Dug it up. | 00:37:04 | |
| The old fire pit was always there in the center of the yard. We always had one there. | 00:37:06 | |
| I couldn't tell you exactly where he is for the footage. | 00:37:10 | |
| And I really didn't. | 00:37:13 | |
| His shoreline wise. | 00:37:16 | |
| There's so much shoreline out there, I don't really look at the shorelines. | 00:37:18 | |
| You know. | 00:37:21 | |
| Looks very nice what they did cleaned it all up. | 00:37:22 | |
| But I for fact was a fire pit. | 00:37:25 | |
| Many times as many times over there with different friends from high school live there. Guy wants chili. John's Greek. | 00:37:28 | |
| Christopher is, he lived in that house before these guys did. | 00:37:34 | |
| But. | 00:37:38 | |
| I could testify the fire pit was always there. I mean. | 00:37:40 | |
| How it was and the structure was just like any other fire pit when you grow up on the lake out there. | 00:37:43 | |
| Anywhere else you are. | 00:37:47 | |
| You find a spot in the middle, you burn all your brush. You have fires. Grill out. | 00:37:49 | |
| Sit around, drink beers and enjoy life. | 00:37:53 | |
| I see nothing wrong that I'm all for whatever he's got there. He did a very nice job of it. | 00:37:56 | |
| I went over after he told me. I got the notice in the mail and. | 00:38:00 | |
| I went over there. | 00:38:03 | |
| Doug invited me over and I went over, looked at what he did and. | 00:38:05 | |
| You know, he fixed it up. It looks very nice and it's been must spend tons of money on it, but. | 00:38:09 | |
| To make it look better, they're from. | 00:38:15 | |
| Another town. They're not from around here. | 00:38:17 | |
| So. | 00:38:19 | |
| Can you verify that? | 00:38:20 | |
| Water wall was our. | 00:38:25 | |
| Shoreline. | 00:38:27 | |
| Right where he put it now. | 00:38:28 | |
| The original. | 00:38:32 | |
| I'm sure it is. | 00:38:33 | |
| Couldn't see how he changed it. | 00:38:35 | |
| You know he didn't. | 00:38:38 | |
| He wasn't involved with me. | 00:38:39 | |
| I mean, I went through all this myself with. | 00:38:41 | |
| Doing some RIP rap and I had a set back of 15 feet and stuff but they gave me permits for what I did but. | 00:38:43 | |
| Not really knowing him when he moved in at all. | 00:38:49 | |
| He's 4 houses away from me, I just got to know him. | 00:38:52 | |
| Since out of this but. | 00:38:55 | |
| That's all I can tell you. | 00:38:58 | |
| OK. Thank you. | 00:38:59 | |
| All right, Charles Schmeling, W 10336 Sunny Point Rd. | 00:39:00 | |
| We're next door neighbors to Doug and sanity. | 00:39:07 | |
| And I'm trying to remember exactly what that shoreline looked like, but I know when we moved in to the place in 2016. | 00:39:11 | |
| I was pretty concerned about the amount of erosion. | 00:39:18 | |
| Occurring to the poorly maintained and just. | 00:39:21 | |
| Junk that was in that shoreline. | 00:39:25 | |
| There was squares. I remember squares of like concrete like you would. | 00:39:28 | |
| Bust out of a sidewalk. | 00:39:32 | |
| Just thrown in the lake. | 00:39:34 | |
| Some of it was stood up. | 00:39:36 | |
| You know, try to. | 00:39:37 | |
| Break the waves a little bit. | 00:39:39 | |
| There were two by fours. There were rocks. | 00:39:40 | |
| And there are some trees that had uprooted themselves and that bare dirt. | 00:39:43 | |
| And you get a good gully washer, rain and that. | 00:39:48 | |
| Dirt was washed right into the lake. | 00:39:51 | |
| And you know as well as I do if you've ever been out there. | 00:39:53 | |
| You ever tip your boat over, you don't have to worry about drowning, you just stand up. | 00:39:56 | |
| Because it's so shallow and it's getting more shallow all the time. | 00:40:00 | |
| Because of the erosion. | 00:40:04 | |
| And what Doug did to his property. | 00:40:05 | |
| Fix that. | 00:40:08 | |
| It's there's no longer. | 00:40:10 | |
| The on rush of mud every time we get a good heavy rain. | 00:40:12 | |
| As far as far as the fire pit? | 00:40:16 | |
| I. | 00:40:18 | |
| Many years back, like one of the first years we lived there. | 00:40:19 | |
| They were sitting around. | 00:40:22 | |
| Burning some brush in the middle of the lawn. | 00:40:24 | |
| I can't. | 00:40:28 | |
| Verify that there were bricks there, but they were certainly burning stuff there and. | 00:40:29 | |
| They must have had some sort of a containment or something to keep it from burning. | 00:40:33 | |
| Out rest of the lawn. | 00:40:37 | |
| Those two things. | 00:40:40 | |
| Again. | 00:40:42 | |
| I think what he's done to the property has improved things. | 00:40:43 | |
| Anybody that? | 00:40:47 | |
| Can take a look at that and say that it's a detriment to the lake. | 00:40:48 | |
| Or a detriment to the neighborhood is crazy in the head? | 00:40:52 | |
| Thank you. | 00:40:58 | |
| Anyone else here you'd like to speak in favor of this experience request? | 00:40:59 | |
| Is there anyone in the audience that would like to speak in favor of this variance request? | 00:41:04 | |
| The same I've been with him. | 00:41:15 | |
| 48 years is the same thing being said. | 00:41:16 | |
| And your name, please, Deborah Lamers. | 00:41:19 | |
| Is there anyone in the audience that would like to speak in opposition to this variance request? | 00:41:25 | |
| Is there anyone in the audience that would like to speak in opposition to this variance request? | 00:41:31 | |
| Anyone in the audience that would like to speak in opposition to this variance request? | 00:41:37 | |
| A written correspondence, yes. | 00:41:43 | |
| Of natural resources. | 00:41:46 | |
| Dear Board Members, Department of Natural Resource has received information for the June 19th, 2025 public. | 00:41:49 | |
| Hearing concerning the variance request. | 00:41:56 | |
| For submitted for the majors property. | 00:41:58 | |
| The department is writing in response to the county. | 00:42:01 | |
| Board of Adjustments request for. | 00:42:04 | |
| An opinion. | 00:42:06 | |
| From the. | 00:42:07 | |
| Apartment per Chapter 59.692 Parent for parent B, Wisconsin states. | 00:42:08 | |
| Statutes as allowed by law. | 00:42:15 | |
| Please have this letter delivered and read before the board the department has reviewed. | 00:42:17 | |
| The variance application and the county staff report. | 00:42:22 | |
| For this case. | 00:42:25 | |
| This is an after the fact variance for the construction of a patio. | 00:42:26 | |
| And fire pit and retaining wall that do not meet the. | 00:42:31 | |
| 75 foot shoreland set back from navigable waterway. | 00:42:33 | |
| The application states that the projects. | 00:42:38 | |
| We're replacing existing non conforming structures. | 00:42:40 | |
| But have not been able to provide the county evidence. | 00:42:43 | |
| That this was the case in addition. | 00:42:47 | |
| Activities including grading and county land use permit were not applied for. | 00:42:50 | |
| The department understands. | 00:42:55 | |
| From the information provided that the. | 00:42:57 | |
| Applicant. | 00:42:59 | |
| Has not provided. | 00:43:00 | |
| Evidence that there were existing non performing accessory structures in place. | 00:43:02 | |
| Prior to the construction. | 00:43:06 | |
| It is a responsibility of the property owner to provide evidence that this was the replacement of an existing, not confirming | 00:43:07 | |
| accessory structure. | 00:43:11 | |
| Therefore it is a self created hardship. | 00:43:15 | |
| When the structure is built without. | 00:43:17 | |
| Applying for a permit. | 00:43:20 | |
| Cumulative impact. | 00:43:22 | |
| Of increasing the number of non conforming structures. | 00:43:24 | |
| Near the lake can have a. | 00:43:27 | |
| Detrimental impact on the natural scenic beauty. | 00:43:29 | |
| The department does not believe that all three variance criterias will be satisfied. | 00:43:32 | |
| There is also a boat ramp that was constructed or reconstructed. | 00:43:38 | |
| Part of which including. | 00:43:42 | |
| The retaining wall, according to the photographs. | 00:43:44 | |
| May be below the ordinary high watermark and would be subject. | 00:43:47 | |
| To the state jurisdiction under. | 00:43:50 | |
| Wisconsin Statute. | 00:43:52 | |
| 30. | 00:43:54 | |
| The applicant. | 00:43:56 | |
| Should contact the department's water management specialist to determine whether an additional permit may be needed for. | 00:43:57 | |
| The activity. | 00:44:04 | |
| As the board reviews. | 00:44:05 | |
| These. | 00:44:07 | |
| Variance requests. Keep in mind that the applicant has the burden of. | 00:44:07 | |
| Proving. | 00:44:11 | |
| That their application meets all the statutory requirements for granting A variance for each variance request. | 00:44:12 | |
| That is, the applicant must provide prove. | 00:44:18 | |
| That they will suffer an unnecessary hardship if the provisions of the county's shoreland ordinance are literally enforced. | 00:44:22 | |
| Wisconsin Supreme Court has made it clear that proof of unnecessary hardship is itself. | 00:44:28 | |
| Does not entitled applicant. | 00:44:35 | |
| To a variance it. | 00:44:37 | |
| Possible that the applicant. | 00:44:41 | |
| Will provide additional evidence. | 00:44:43 | |
| At the hearing. | 00:44:45 | |
| Which may change the conclusions listed below. | 00:44:46 | |
| All the statutory variance criteria must be satisfied to grant a variance. | 00:44:49 | |
| They are. | 00:44:55 | |
| Unique physical eliminate limitation. | 00:44:57 | |
| The applicant. | 00:44:59 | |
| Must demonstrate that a unique physical limitation. | 00:45:00 | |
| Wetlands, steep slopes, Streams. | 00:45:03 | |
| Rock out, Copperings. | 00:45:06 | |
| Or special conditions of the property exist. | 00:45:08 | |
| Prevent. | 00:45:11 | |
| Compliance with the ordinance regulations. | 00:45:13 | |
| The physical limitations. | 00:45:16 | |
| Must be unique to the property in question and not generally shared by other properties in the area. | 00:45:18 | |
| Will determine if the. | 00:45:23 | |
| Determining if the compliance is prevented. | 00:45:25 | |
| The whole parcel must be considered. This lot appears to be of similar size, shape and grade as neighboring lots, according to the | 00:45:28 | |
| county's GIS mapping. | 00:45:33 | |
| So no, you unique features appear to be. | 00:45:39 | |
| Appear to limit. | 00:45:42 | |
| Allowed land uses. | 00:45:44 | |
| No harm to the public interest, the applicant. | 00:45:45 | |
| Must demonstrate that the variance will not result in any harm or be contrary to. | 00:45:48 | |
| Public interest. | 00:45:53 | |
| The board must consider these impacts of the proposed project. | 00:45:55 | |
| As well as the cumulative impacts of similar projects. | 00:45:59 | |
| On interests of the neighbors, the community and the general public. | 00:46:02 | |
| These interests are listed in the purpose statement of the ordinance and. | 00:46:06 | |
| For shoreland zoning include protection of the public health, safety, welfare, maintenance. | 00:46:10 | |
| Of clean water, protection of fish and wild habitat. | 00:46:16 | |
| And preservation of natural scenic beauty. | 00:46:19 | |
| Cumulative impacts of adding new non conforming accessory structures. | 00:46:23 | |
| Near the lake and have a detrimental impact on natural scenic beauty. | 00:46:27 | |
| And water quality. | 00:46:31 | |
| Unnecessary hardship the applicant. | 00:46:33 | |
| Must demonstrate if the variance is not granted, an unnecessary hardship exists. | 00:46:35 | |
| The applicant may not claim unnecessary hardships because of the conditions. | 00:46:41 | |
| Which are self-imposed are created by. | 00:46:45 | |
| A prior owner. | 00:46:48 | |
| For example, building a home and compliant. | 00:46:50 | |
| In compliance and then subsequently constructing a deck without a permit. | 00:46:53 | |
| Courts have also determined that economic or financial hardship does not justify a variance. | 00:46:58 | |
| When determining whether unnecessary hardship exists, the board. | 00:47:04 | |
| Must consider the property as a whole rather than just a portion of the parcel. | 00:47:08 | |
| The board must decide whether the minute. | 00:47:12 | |
| Minimal release. | 00:47:14 | |
| Is warranted under. | 00:47:16 | |
| Cumulative impacts. | 00:47:18 | |
| Consideration. | 00:47:20 | |
| Given the consideration of whether there are. | 00:47:21 | |
| There are currently adequate conditions for reasonable use at the property. | 00:47:24 | |
| For which it is zoned. | 00:47:29 | |
| When a new structure is built. | 00:47:30 | |
| Without a permit itself, it is a self created hardship. | 00:47:32 | |
| Also, it must be proved. | 00:47:36 | |
| That rebuilding. | 00:47:37 | |
| Was done without expanding or. | 00:47:39 | |
| The existing footprint. | 00:47:41 | |
| In order they be allowed. | 00:47:43 | |
| As the rebuilding of existing non conforming structures. | 00:47:44 | |
| If there is evidence as they are existing. | 00:47:48 | |
| Is the responsibility of the Board of Adjustment. | 00:47:51 | |
| To assure that all. | 00:47:53 | |
| The statutory requirements. | 00:47:55 | |
| For granting A variance or met the standards help to ensure protection of the public interest, including the preservation of water | 00:47:57 | |
| quality. | 00:48:01 | |
| And Fish and Wildlife habitat along. | 00:48:05 | |
| Lakes and rivers. | 00:48:07 | |
| Wisconsin's navigable waterways are held in. | 00:48:08 | |
| Trust for all. | 00:48:11 | |
| People to enjoy. | 00:48:12 | |
| Charlotte set back The Charlotte set back is important to protect. | 00:48:14 | |
| The water quality, natural scenic beauty. | 00:48:17 | |
| And the fish. | 00:48:19 | |
| And wildlife habitat of Wisconsin waterways the department appreciates. | 00:48:20 | |
| Your commitment to the Dodge counties. | 00:48:24 | |
| Water resource and protection of public interest. | 00:48:27 | |
| For future generations. | 00:48:29 | |
| Sincerely, Dale Reza Beck, Shoreland specialist. | 00:48:31 | |
| Andy, do you have any? I do not know. | 00:48:37 | |
| Add something. | 00:48:46 | |
| Sure. So we did have another neighbor that was going to be here tonight that lives right next door to us the other way. And he | 00:48:50 | |
| wasn't able to be here because his wife's in the hospital. | 00:48:54 | |
| But he had. | 00:48:59 | |
| Was, you know, ready to test. | 00:49:01 | |
| To the like same as. | 00:49:04 | |
| These neighbors. | 00:49:06 | |
| On things so you know if we need additional time to get his testimony as. | 00:49:08 | |
| As to add proof that. | 00:49:13 | |
| This stuff existed. We could, you know, I'd like that. | 00:49:15 | |
| Also that you know. | 00:49:19 | |
| We, like I said, we, you know, we. | 00:49:21 | |
| We just rebuilt what was there, but I. | 00:49:24 | |
| I guess at the same time we'd like to have fair treatment with. | 00:49:26 | |
| You know, there's a condo that just got built 25 feet off the lake on the other side of the lake, and that was approved and they | 00:49:30 | |
| got basically the same kind of stuff on the shoreline as we do. | 00:49:35 | |
| So. | 00:49:39 | |
| I would be confused why something that we had. | 00:49:40 | |
| Can't be approved when something that wasn't there they clear cut the shoreline, took down all the trees wasn't just a viewing | 00:49:43 | |
| corridor they. | 00:49:46 | |
| They redid the shoreline, they they put in retaining walls, and they built a condo. | 00:49:50 | |
| 25 feet from the water mark. | 00:49:55 | |
| I I just wish, you know, I'd like to believe that we're going to get treated fairly. | 00:49:58 | |
| Dealing if it's good for the goose is good for the gander type thing and I know that. | 00:50:03 | |
| That's not the way you guys want to always go, but. | 00:50:08 | |
| I don't see. | 00:50:10 | |
| Why we should be held to? | 00:50:13 | |
| Criteria. Uh. | 00:50:14 | |
| Then maybe somebody that's got more money than us or something. You know, I don't know what, I don't know what the reasoning. | 00:50:16 | |
| How that got approved? | 00:50:21 | |
| And again, you know, we're not really looking at a variance, we're. | 00:50:23 | |
| We're just looking for acceptance that we were able to rebuild something that we already had and it's something things that | 00:50:27 | |
| existed. It was. | 00:50:31 | |
| We repaired the shoreline. | 00:50:34 | |
| We stopped erosion. | 00:50:36 | |
| We we bought the property because it had a boat ramp so I could use my catamaran. That was one of the. | 00:50:38 | |
| Things that we liked about the property to be able to continue to use that. | 00:50:43 | |
| And you know, we've, we've stopped. | 00:50:46 | |
| We put a halt to a problem that was happening there. | 00:50:50 | |
| You know, I think we've done a really great job. | 00:50:53 | |
| I'd like to see that recognized. | 00:50:56 | |
| Sir, either you or your wife said something about you had some letters from. | 00:50:59 | |
| Neighbors. So where are there? | 00:51:04 | |
| They were. I have copies of them, but they were included in one of the packets that I submitted back. | 00:51:06 | |
| Two times ago. Not the most recent packet, but the one before that. | 00:51:11 | |
| When they asked for evidence. | 00:51:16 | |
| That's where I submitted. I don't you should have that in the package. | 00:51:18 | |
| But I do have copies of all of the letters for the neighbors that did. | 00:51:22 | |
| How many? | 00:51:27 | |
| Yeah, we get those two in one additional. | 00:51:31 | |
| And the guy that wasn't able to be here because it's like being in the hospital. | 00:51:33 | |
| And so the other thing I was kind of hearing is you're almost treating the boat ramp as a separate thing. | 00:51:38 | |
| Sorry, but you're only allowed to speak once. They'll have to ref. | 00:51:43 | |
| No. | 00:51:48 | |
| You're only allowed to speak once as a. | 00:51:52 | |
| But if you want to explain what he's saying, you can. Yeah, the boat ramp, you know, like I had stated, the boat ramp was there | 00:51:56 | |
| and you know. | 00:52:00 | |
| We could get. | 00:52:04 | |
| That wasn't something that I even saw on the. | 00:52:06 | |
| As a problem in any of the paperwork. Didn't know about any of that till just now. | 00:52:08 | |
| But so we haven't, we haven't addressed that because an issue because they didn't know it was an issue. | 00:52:13 | |
| It's not in any of this. | 00:52:18 | |
| Board members, do you have any questions of the applicant? | 00:52:21 | |
| Andy, can you speak to what he was talking about this? I mean, I don't know if that's relevant or not. This place that he says is. | 00:52:30 | |
| Built 25 feet from the water. I mean. My guess is probably in the city. | 00:52:36 | |
| It is in the city. | 00:52:41 | |
| OK, that's fine. That's why we have no jurisdiction within the city, so. | 00:52:42 | |
| Same county, same lake is I I don't I guess I don't understand if that municipality that yeah. | 00:52:46 | |
| There's different rules for cities in for. | 00:52:52 | |
| That explains that. Otherwise it would have came to us. That's why. | 00:52:54 | |
| I just want to be treated fairly. | 00:53:01 | |
| Yeah. | 00:53:03 | |
| And I would hope you guys would respect that, yeah. | 00:53:04 | |
| Would there be? | 00:53:09 | |
| Pictures on county GIS. | 00:53:10 | |
| Couldn't see anything. You just you just can't tell. | 00:53:13 | |
| Give me a look up there. | 00:53:15 | |
| Yeah, on that one. But you? | 00:53:17 | |
| If you go on the GIS, it goes back to, yeah, Bryce, terrible on that Earth, would go back. | 00:53:19 | |
| Almost 30 years. | 00:53:25 | |
| Yep, and. | 00:53:26 | |
| Dale from the DNR did the same thing and. | 00:53:28 | |
| They can't tell just too many trees. There is one picture you can kind of make out the the fire pit. | 00:53:30 | |
| Area the patio. | 00:53:38 | |
| Vaguely, but it's it's not enough that I could. I didn't feel like I know it's there. I can tell it's there. This is a spot. | 00:53:40 | |
| But it's so vague, so overgrown. It's be. | 00:53:47 | |
| I hard to say, hard for you guys to just go, OK. | 00:53:51 | |
| Is that that are a trample? | 00:53:55 | |
| You know, that kind of thing. | 00:53:57 | |
| Andy this. | 00:54:02 | |
| Conditioned with the boat ramp, you know, which obviously we didn't know about before the night either. I mean, is there? | 00:54:03 | |
| It's a. | 00:54:09 | |
| I guess what would the? | 00:54:13 | |
| DNR do. | 00:54:15 | |
| That I mean if. | 00:54:18 | |
| Would they come in, I mean. | 00:54:20 | |
| Would be better off laying this over and having them correct that issue first or what's? | 00:54:22 | |
| I would assume it's just a chapter 30 permit. | 00:54:28 | |
| Which? | 00:54:32 | |
| I don't know. | 00:54:34 | |
| The like. | 00:54:35 | |
| Positive. You know the likelihood of that. | 00:54:36 | |
| Happening. I don't know. | 00:54:39 | |
| I if they can. | 00:54:44 | |
| Again. | 00:54:45 | |
| I think that would be a little easier to see on the on the aerial than. | 00:54:46 | |
| A retaining wall or a fire pit, but. | 00:54:51 | |
| It's just to the left of where the pier goes out. Yeah, kind of make up. | 00:54:52 | |
| A little bit in there. | 00:54:57 | |
| I don't know how they would handle that. | 00:55:01 | |
| I just, you know. | 00:55:05 | |
| That looks like it's been there for years and years and years. | 00:55:08 | |
| It ain't just been put in. | 00:55:11 | |
| Any other questions of the? | 00:55:16 | |
| Would you like to make a final statement for the record? | 00:55:24 | |
| Yeah, yeah, I guess. | 00:55:27 | |
| Just to reiterate, I mean we. | 00:55:29 | |
| We moved in, we fix up this property in every every way possible. And there was. | 00:55:31 | |
| There's a lot of concerns with the shoreline and. | 00:55:36 | |
| Like Chuck had said, you know there every time it rained. | 00:55:39 | |
| Basically going down the boat ramp. | 00:55:43 | |
| Just, you know, whatever, whatever, it all ran down that way and it was a roading back and that's. | 00:55:46 | |
| Why these big? | 00:55:51 | |
| Concrete. | 00:55:52 | |
| Pads were placed out there. | 00:55:53 | |
| I mean between the, you know, we took away Cree assault from. | 00:55:56 | |
| From, you know, entering the water we took away. | 00:55:59 | |
| The, you know, any runoff. | 00:56:02 | |
| Happening. | 00:56:04 | |
| We solve that problem. | 00:56:05 | |
| We got rid of all the broken bottles and stuff along the shoreline. We cleaned out all the concrete, cinder block bricks, the | 00:56:07 | |
| hodgepodge of stuff. | 00:56:11 | |
| Everything we did was an improvement. | 00:56:16 | |
| To the neighborhood, to the shoreline, there's nothing. | 00:56:18 | |
| That we did that has any harm to the lake. | 00:56:23 | |
| And especially anymore harm than. | 00:56:26 | |
| Condom. | 00:56:28 | |
| Being built. | 00:56:29 | |
| You know, it's, it's the same lake, it's. | 00:56:30 | |
| If ours is going to harm the lake, the condos gonna harm the lake. And I know that's nothing to your jurisdiction, but I think you | 00:56:33 | |
| can all understand why. | 00:56:36 | |
| I would want to be treated fairly. | 00:56:40 | |
| The only thing I'd like to add is that if you do deny. | 00:56:43 | |
| Can we ask some sort of grace period to figure things out? Because. | 00:56:46 | |
| As Doug mentioned, umm. | 00:56:49 | |
| As of two weeks ago, I don't have a job anymore. It's a federal employee. | 00:56:51 | |
| So. | 00:56:54 | |
| I don't really have money right now to. | 00:56:55 | |
| Tear something out and figure out how to. | 00:56:57 | |
| Put it back in so if there was a grace. | 00:56:59 | |
| And we need some direction on what, what are we, what are we to do with it, you know? | 00:57:02 | |
| I don't know what we do. | 00:57:06 | |
| I'm not sure even what. | 00:57:08 | |
| What's allowable now? | 00:57:09 | |
| But I hope we just get this. | 00:57:13 | |
| You know, fair treatment. We, we certainly can give you a amount of time if that's the decision. | 00:57:15 | |
| And then we will work with us and and then land conservation, you know, with any assistance we can give with. | 00:57:22 | |
| Technical. | 00:57:30 | |
| And if you need more time, so we get their other neighbor to come in and you know. | 00:57:32 | |
| Hear his testimony. I mean I have the letters if you want them that were submitted with the packet. | 00:57:35 | |
| I can give you my copies of them. I have them if you'd like me to read them in, I definitely can. | 00:57:40 | |
| So how many letters were there again? Three. We had four. | 00:57:47 | |
| Foresight that two and two on each side wrote us letters. | 00:57:50 | |
| But a couple of those people were here also, right? There's just. | 00:57:54 | |
| Ones in California right now that would be repetitive, I mean, for the ones that were already here, so. | 00:57:58 | |
| Yeah, Mark. | 00:58:03 | |
| Mark Kirby and William Holt. William White. | 00:58:05 | |
| Hope OK. | 00:58:08 | |
| I will read those. | 00:58:10 | |
| To whom it may concern, I brought my. | 00:58:13 | |
| Bought my property at W 10322 Sunny Point Rd. in September of 2017. | 00:58:15 | |
| I'm $2.00 down from Doug. | 00:58:20 | |
| The previous owner of Doug's property had a patio fire pit that was. | 00:58:22 | |
| Grown over with the weeds and broken pavers. | 00:58:26 | |
| There are the. | 00:58:29 | |
| The area looked terrible. It was an eyesore. | 00:58:31 | |
| Doug did a beautiful job of cleaning up and replacing the eyesore with a lovely fire pit in the same spot. | 00:58:34 | |
| Mark Durgey. | 00:58:40 | |
| To whom it may concern, I am the current owner. | 00:58:42 | |
| Of the property at W 103 to 6 Sunny Point Rd. I've known the property at 103. | 00:58:45 | |
| 30 Sunny Point Rd. for over. | 00:58:52 | |
| 30 years. The current owner, Doug Venegue. | 00:58:55 | |
| Has made vast improvements to the house and the property, including. | 00:58:58 | |
| Replacing an existing fire pit which was overgrown, crumbling. | 00:59:02 | |
| And in severe state of disrepair. | 00:59:06 | |
| As his immediate neighbor, the whole I wholeheartedly support. | 00:59:09 | |
| And endorsed the changes made to Doug's property, including the fire pit. | 00:59:13 | |
| You should have. Should you have any questions or wish to contact me regarding this matter, I can be reached at. | 00:59:18 | |
| Phone number, e-mail. | 00:59:24 | |
| William. | 00:59:26 | |
| Hoft W10326 Sunny Point Rd. | 00:59:27 | |
| Beaver Dam, WI. | 00:59:31 | |
| Those two were both talking about the fire pit. | 00:59:34 | |
| It wasn't until it just the last we've had correspondence going back and forth to the county. | 00:59:37 | |
| It first started off talking about our driveway and fire pit. Then it talked about dancing, not having. | 00:59:41 | |
| Silt fence and we got the silt fence up and then next correspondence, the driveway. I don't even know what the issue with the | 00:59:49 | |
| driveway was that that disappeared and then it's just about the fire pit. Everything was about the fire pit until the last | 00:59:53 | |
| correspondence which. | 00:59:57 | |
| Then said, you know the retention. | 01:00:01 | |
| So we didn't. | 01:00:03 | |
| These are letters were. | 01:00:05 | |
| Submitted before we get the notice that we had an additional problem that wasn't even being. | 01:00:07 | |
| Question before. | 01:00:12 | |
| That came out. | 01:00:14 | |
| Very recently so. | 01:00:15 | |
| You know, I know Bill would like to be able to talk about. | 01:00:19 | |
| The other is the other stuff, if that was necessary. | 01:00:21 | |
| But at the time, we were only addressing the fire pit because that's all that was questioned. | 01:00:26 | |
| It wasn't, what, September or something? | 01:00:30 | |
| Is like September that all of a sudden we get this other notice that the another. | 01:00:32 | |
| Now the retaining wall and the RIP rap and and those other issues are. | 01:00:37 | |
| Are there in? | 01:00:41 | |
| That was all. | 01:00:42 | |
| After we. | 01:00:43 | |
| You know got received submitted the letters about the fire pit so we. | 01:00:44 | |
| Didn't ask for other letters for that because we thought everybody's gonna be able to be present. | 01:00:48 | |
| Like I said. | 01:00:52 | |
| Mark Dirty ended up, he's in California right now and. | 01:00:53 | |
| Bill. | 01:00:57 | |
| With his wife in the hospital so he wasn't able to be here. | 01:00:58 | |
| Yeah. Thank you. | 01:01:04 | |
| And I'm prepared to close the hearing portion of this. | 01:01:06 | |
| Application in. | 01:01:10 | |
| We'll go to conclusions of the law. | 01:01:12 | |
| Are based on the facts presented in the application at the public hearing, the Board concludes that. | 01:01:16 | |
| The appellants request to section 6.1 of the County Shoreland Protection Ordinance. | 01:01:23 | |
| They refer to the set back for structures to the ordinary higher watermark. | 01:01:29 | |
| Yes, yes. | 01:01:33 | |
| This by the way is for the fire pit only at this on this. | 01:01:35 | |
| Is there a physical limitation that is unique to this property that prevents the appellant from complying with the ordinary high | 01:01:40 | |
| watermark set back provisions of the ordinance? | 01:01:44 | |
| I would imagine if you moved it all the way up would be too close. | 01:01:50 | |
| Is the ordinary high watermark set back provisions, the ordinance, unnecessarily burdensome in this case? | 01:02:09 | |
| Thereby creating a hardship. | 01:02:14 | |
| The same answer I guess is for the last, but it is. It is what it is. I mean it. | 01:02:22 | |
| And you know, we've had. | 01:02:28 | |
| It wouldn't be allowed if it was new. | 01:02:30 | |
| That's. | 01:02:32 | |
| It was replacements existing, so it's a replacement. | 01:02:35 | |
| Yeah, yeah. | 01:02:39 | |
| Does the appellant have other options available to complete? | 01:02:45 | |
| This project in compliance with the ordinance. | 01:02:48 | |
| Not really. Not really, no. | 01:02:51 | |
| What hardship exists of variances is design is denied. | 01:02:54 | |
| After we moved up iron, but. | 01:02:59 | |
| Right. | 01:03:02 | |
| Are the projects harmful in any way to the public's interest? | 01:03:10 | |
| Neighbor said no. | 01:03:14 | |
| Does the board have sufficient information to make a decision on this request? | 01:03:29 | |
| Yes, yes. | 01:03:33 | |
| Does the Board believe the appellants variance request to the ordinary high watermark set back provisions? | 01:03:39 | |
| Of the ordinance meet the criteria that is necessary in order to grant the area variance requests. | 01:03:44 | |
| Again, keep in mind this is only for the fire pit. | 01:03:50 | |
| Yep. Yes, yes. | 01:03:55 | |
| The board can make the findings necessary in order to grant the variance request in this case or any conditions for approval. | 01:03:58 | |
| Necessary in this case to mitigate any potential adverse impacts of result from this project. | 01:04:04 | |
| No. | 01:04:13 | |
| It's up to you. | 01:04:19 | |
| So then I'm looking for a motion to either approve or deny the variance. | 01:04:24 | |
| To the high watermark set back requirements of the code. | 01:04:28 | |
| Based on the testimony, the neighbors I. | 01:04:34 | |
| Feel it is replacing replacing an existing 1, so I'll make a motion to approve the. | 01:04:36 | |
| The request. | 01:04:42 | |
| If my tongue works for the fire pit. | 01:04:44 | |
| I'll second these seconds. There's any discussion? | 01:04:48 | |
| Any discussion? | 01:04:54 | |
| Are there no codes? | 01:05:02 | |
| Call the roll for. | 01:05:04 | |
| Mark yes. | 01:05:05 | |
| Gun, yes. | 01:05:07 | |
| Russell yes. | 01:05:09 | |
| Rodney. | 01:05:10 | |
| And myself, I'll vote yes too. | 01:05:12 | |
| Results are the five. | 01:05:15 | |
| Yes. Is it no nose? | 01:05:17 | |
| So the ordinances passed. | 01:05:20 | |
| As we, as proposed, area variances opposed. | 01:05:23 | |
| You know, for the retaining wall. | 01:05:34 | |
| Based on effects presented in the application at the public hearing, the Board concludes that. | 01:05:37 | |
| The appellants request to section 6.1 of the Country Counties Shoreline Protection Ordinance to refer to the setback for | 01:05:42 | |
| structures. | 01:05:46 | |
| The ordinary high watermark. | 01:05:49 | |
| Yes it does. | 01:05:51 | |
| Is there a physical limitation is unique. This property prevents the appellant from complying with the ordinary high watermark set | 01:05:55 | |
| back. | 01:05:58 | |
| Provisions of the ordinance. | 01:06:01 | |
| I don't under. I mean if it's going to be retaining wall, it's all it's going to be. | 01:06:04 | |
| It's gonna be in the water. It's gonna be in the water and I don't understand the question. | 01:06:08 | |
| Right, I agree. | 01:06:13 | |
| I mean it. | 01:06:15 | |
| He's preventing erosion. | 01:06:16 | |
| Yeah, I get. | 01:06:18 | |
| I mean. | 01:06:20 | |
| I'm not. | 01:06:22 | |
| Challenges or anything, I don't, I can't say that. | 01:06:24 | |
| It's being it's doing better or not, but obviously it doesn't. | 01:06:27 | |
| There's no way you can comply with the ordinary high watermark with putting up a. | 01:06:30 | |
| A retaining wall. It just doesn't. The two don't go together. | 01:06:35 | |
| Is there an explanation from the county side on that as to how that would work if you were doing? | 01:06:40 | |
| We're really not. | 01:06:45 | |
| Fighting the retaining wall is the permit is what you're looking at, right? | 01:06:46 | |
| Well, it's the lack of proof of. | 01:06:50 | |
| Replacing an existing non conforming structure. | 01:06:53 | |
| And the lack of permit. | 01:06:56 | |
| And the black community talked about that day on site. | 01:06:59 | |
| We can add RIP rap to anything and keep increasing the size. | 01:07:04 | |
| No, you can't. You can't There's there's certain limits to distance and and and fill depths of of regret. | 01:07:07 | |
| OK. | 01:07:14 | |
| So is the ordinary high watermark set back? | 01:07:18 | |
| Because unnecessarily burdensome. | 01:07:20 | |
| For the wall, yeah. | 01:07:24 | |
| Does the appellant have other options to complete these projects in compliance with the ordinance? No. | 01:07:28 | |
| Be easier if he had. | 01:07:36 | |
| We've got. | 01:07:39 | |
| Testimony. | 01:07:40 | |
| Saying we had one picture. | 01:07:41 | |
| Yeah, we've got one picture, I mean. | 01:07:43 | |
| I understand obviously on both sides there's no. | 01:07:46 | |
| Proof either way. | 01:07:50 | |
| All right, what hardship exists the variances denied? | 01:07:51 | |
| Are you going to have to remove? | 01:07:57 | |
| The Wall. | 01:08:00 | |
| Leonard be more erosion No2. | 01:08:01 | |
| Correct. | 01:08:03 | |
| Just by removal lobby, which would. | 01:08:04 | |
| Increase erosion. | 01:08:07 | |
| The projects harmful anyway, the public's interest. | 01:08:14 | |
| Not from the testimony we got. | 01:08:17 | |
| The DNR though though does make a. | 01:08:19 | |
| Point at that that, you know, maybe. | 01:08:23 | |
| Something could have been done. | 01:08:29 | |
| Differently with them. | 01:08:30 | |
| I think he needs to go back to the DNR and get the boat. | 01:08:32 | |
| Ramp thing handled. | 01:08:36 | |
| Before the rest of this can actually be. | 01:08:38 | |
| That's why. That's why I asked the question before. I mean, if that's gonna. | 01:08:43 | |
| Put a kibosh, I mean. | 01:08:46 | |
| Kibosh on the whole thing I. | 01:08:48 | |
| You know. | 01:08:51 | |
| But that's not our problem I guess. | 01:08:53 | |
| No, right? | 01:08:55 | |
| Does the board have instrument sufficient information to make a decision? Yes, we do. | 01:08:56 | |
| Or could we go back to? | 01:09:01 | |
| Yeah. So please and put in there. | 01:09:03 | |
| Testimony from several neighbors regarding. | 01:09:06 | |
| I'm not sure which one. | 01:09:10 | |
| I've got have other options with hardships. Where did I put the testimony? | 01:09:12 | |
| Well, because. | 01:09:19 | |
| I guess we're going to raise it if we approve it. | 01:09:21 | |
| We're basically on testimony. | 01:09:24 | |
| Replacement of existing. | 01:09:26 | |
| And we had testimony of several. | 01:09:29 | |
| Neighbors that yes, it was there before. | 01:09:31 | |
| OK. | 01:09:40 | |
| Structure was existing. | 01:09:45 | |
| Based on. | 01:09:49 | |
| Testimony. Umm. | 01:09:52 | |
| Of neighbors. | 01:09:59 | |
| All right, Does the Board believe the appellants variance request to the ordinary high watermark set back provisions the ordinance | 01:10:05 | |
| meet the criteria necessary in order to grant the area variance request? | 01:10:10 | |
| Please. | 01:10:24 | |
| Yeah, if it. | 01:10:27 | |
| If, well, it's. | 01:10:28 | |
| It's it's based on. | 01:10:30 | |
| The effect that it wasn't just there was something existing, something there, yeah. | 01:10:32 | |
| There was something there. | 01:10:37 | |
| If the board can make findings necessary in order to grant the variance request in this case, or any conditions or approval. | 01:10:47 | |
| Necessary in this case to mitigate any potential adverse impacts. | 01:10:52 | |
| I would say we had the DNR. | 01:10:56 | |
| On the boat because we're now dealing with the wall that has come up around the boat. | 01:10:59 | |
| Launch area. | 01:11:02 | |
| Permit from the DNR for is it both rampant? | 01:11:09 | |
| Yeah, pursuant to to Wisconsin statute 30, we need a DNR. | 01:11:16 | |
| Permit on that one, right? | 01:11:22 | |
| That's how I want to work. | 01:11:23 | |
| But that was there before too, wasn't it? | 01:11:30 | |
| Yes, see in the picture. | 01:11:33 | |
| Yeah, yeah. But. | 01:11:35 | |
| We can't give that permit, we can't give that, We can't give that permission to build that part. | 01:11:37 | |
| As much as we'd like to. | 01:11:42 | |
| I'll make a motion that we approve the variance request with the stipulation that they contact DNR and get this. | 01:11:50 | |
| Statute 30. | 01:11:57 | |
| Issue. | 01:11:59 | |
| Taken care of. | 01:12:00 | |
| For the ramp? | 01:12:02 | |
| That's the statute. 30 years, yeah. | 01:12:03 | |
| Just want to mention that, you know. | 01:12:06 | |
| Is there a second? | 01:12:09 | |
| I will. | 01:12:10 | |
| Mark settings it. | 01:12:12 | |
| Any discussion? | 01:12:16 | |
| Any discussion on this? | 01:12:20 | |
| Well, I think it's basically. | 01:12:26 | |
| You know that there. | 01:12:28 | |
| Replacing something that was there before. | 01:12:29 | |
| You know, we don't have pictures, but we had testimony and. | 01:12:32 | |
| If we can't listen to testimony, why should we have the hearing? Huh. | 01:12:35 | |
| OK, I'm ready to call the vote. | 01:12:42 | |
| Mark. | 01:12:43 | |
| Done. Yes. | 01:12:45 | |
| Russell yes. | 01:12:47 | |
| Rodney. | 01:12:49 | |
| And myself is yes the. | 01:12:51 | |
| Vote is 5 to 0 for yes. | 01:12:53 | |
| To approve the. | 01:12:56 | |
| Motion is period to approve. | 01:12:57 | |
| So the. | 01:12:59 | |
| Apparently on the basis of the above findings. | 01:13:01 | |
| In fact, we added the variance request as proposed and the land use administrators erected the issue of land use permit occurring | 01:13:04 | |
| to the decision. | 01:13:09 | |
| Put on your little regarded to comply with the DNR setting. | 01:13:13 | |
| That's a Commission that was added to it. | 01:13:20 | |
| I don't like this one. | 01:13:27 | |
| OK, I guess that's it. | 01:13:37 | |
| Thank you. | 01:13:39 | |
| You're not in the woods yet. They got to deal with the. | 01:13:41 | |
| No, no. | 01:13:51 | |
| That makes perfect sense. | 01:13:54 | |
| I'll just touch that I can't shake so just. | 01:14:02 | |
| There you go. Thank you. That's my caregiver, my driver tonight also. | 01:14:04 | |
| Thank you very much. | 01:14:11 | |
| We have. | 01:14:13 | |
| Two on the docket for next month. | 01:14:14 | |
| One in Burnett, one in Vox Lake. | 01:14:18 | |
| Oh, can you get them fuller yet? | 01:14:21 | |
| You're getting better. | 01:14:23 | |
| That's Bryce got lost going the climate last month so. | 01:14:26 | |
| We'll I'll meet you here then. | 01:14:30 | |
| Because you know both of them you'll be going from yeah, you won't be coming my direction. So. | 01:14:33 | |
| Will be here in the parking lot, OK. | 01:14:38 | |
| But I got my handicap van now so I could realize. | 01:14:40 | |
| So we get strapped. | 01:14:43 | |
| If you're. | 01:14:45 | |
| Big to break. Break the big guy along. We could strap him to the roof. There's a carrier on tops. Yeah. | 01:14:46 | |
| Not all Brice. | 01:14:53 | |
| Right Rice. | 01:14:55 | |
| So you're putting Bill on time? No? | 01:14:56 | |
| Do we get anything back from Springbrook yet or is that completely done now or what's? I haven't heard anything on that while. | 01:14:59 | |
| I thought that's where he was telling us we're gonna go on Burnett. | 01:15:06 | |
| No, I don't think he's gonna. I don't think he's gonna go there on his own. | 01:15:11 | |
| All right. Should we adjourn? | 01:15:15 | |
| I so move to adjourn second. | 01:15:19 | |
| Motion is made to adjourn. All in favor say aye. | 01:15:21 | |
| Opposed motion is carried. The meeting is adjourned. | 01:15:26 |
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Transcript
| OK, indicate light didn't come on so. | 00:00:01 | |
| Let's go. | 00:00:04 | |
| The meeting of the Dodge County Board of Adjustment is hereby called to order. | 00:00:07 | |
| Roll call Mark Osmer here. | 00:00:10 | |
| Don't you keep here. | 00:00:13 | |
| Russell, Katie Here. | 00:00:15 | |
| Bradley, Josephine here. | 00:00:16 | |
| Little nice here. | 00:00:19 | |
| Larry Bishop and Bad to fall, Sir, it's. | 00:00:20 | |
| Excuse. | 00:00:23 | |
| Any county board members? | 00:00:25 | |
| On the committee here. | 00:00:28 | |
| None, OK. | 00:00:31 | |
| A quorum is present. | 00:00:33 | |
| Staff confirmed with compliance that open meeting on public hearing notice requirements. | 00:00:36 | |
| Can confirm. | 00:00:40 | |
| Any changes to the agenda? | 00:00:43 | |
| And as we view the minutes of the June 12th meeting. | 00:00:48 | |
| So move to approve. | 00:00:55 | |
| I'll second it. | 00:00:58 | |
| Any discussion? | 00:01:00 | |
| Doing all in favor. | 00:01:02 | |
| All right, opposed motion is carried. | 00:01:04 | |
| Oh yeah, that's there's an error on there. | 00:01:08 | |
| I did not attend the meeting, but I did attend the meeting. | 00:01:12 | |
| It said conducted side. Sorry my my mistake. Go ahead. | 00:01:16 | |
| Staff, please read the hearing procedures for tonight's hearing. | 00:01:20 | |
| Certainly. | 00:01:23 | |
| We are meeting today to hear. | 00:01:24 | |
| Request for modification to the Dodge County land use code. We series of two public hearings tonight. | 00:01:26 | |
| And the procedure for these hearings will be as follows. | 00:01:31 | |
| The chairman of the Board of Adjustment will read the public hearing notice, after which. | 00:01:36 | |
| Staff. | 00:01:40 | |
| Member Will from the Dodge County Land Resources and Parks Department will read a report that. | 00:01:41 | |
| Has been prepared by the. | 00:01:46 | |
| County staff regarding the request before the board. | 00:01:47 | |
| Following the staff report, the appellant. | 00:01:50 | |
| OR and or their agent will be asked to come before the board. | 00:01:52 | |
| The appellant will be asked to state their name for the record. | 00:01:56 | |
| And they may present their case to the board. | 00:02:01 | |
| Or add any additional information. | 00:02:03 | |
| To the record. | 00:02:05 | |
| Those in attendance wishing to speak in favor or opposition. | 00:02:06 | |
| Can come before the board and speak. If you wish to speak you will be asked to step up to the microphone. | 00:02:10 | |
| Which is located in the center of the room and state your name and address for the record. | 00:02:16 | |
| And to state your position regarding the request before the board. | 00:02:21 | |
| Please address your comments and questions to the Board and not to the appellant. | 00:02:25 | |
| You'll only be allowed to speak once, so please be prepared to present all of your concerns and questions to the board when you | 00:02:29 | |
| speak. | 00:02:33 | |
| After those in attendance have spoken. | 00:02:36 | |
| Written correspondence that has been received by the Board. | 00:02:39 | |
| Or which has been collected by the board during. | 00:02:42 | |
| And the on site visits will be read into the record. | 00:02:45 | |
| The Board will have an opportunity to ask the appellant any questions following the Board's. | 00:02:48 | |
| Questions. The appellant will be allowed to give a final statement for the record. | 00:02:54 | |
| After giving after receiving all of the testimony, the board will then deliberate. | 00:02:59 | |
| And we'll make a decision to grant. | 00:03:04 | |
| Grant in part or deny the variance request. | 00:03:06 | |
| And if approved, they may place conditions on the approval. | 00:03:09 | |
| If they feel necessary to address any address or mitigate any potential adverse impacts. | 00:03:13 | |
| The proposal may have on the adjacent properties or the Community. | 00:03:19 | |
| If the variance is approved, the staff will be directed to issue. | 00:03:23 | |
| And land use permit incorporating those conditions approved by the board. | 00:03:27 | |
| Any person or persons aggrieved by any decision of the Board of Adjustment may. | 00:03:32 | |
| Present to a court of record a petition. | 00:03:36 | |
| Duly verified. | 00:03:40 | |
| Setting forth that such decisions illegal and specifying the grounds of the illegality. | 00:03:42 | |
| Such petitions shall be presented to the Circuit Court of this county within 30 days. | 00:03:48 | |
| After the filing of the decision. | 00:03:54 | |
| In the office of the Board of Adjustment, the county assumes no liability. | 00:03:56 | |
| For and makes no warranty. | 00:04:00 | |
| As to the reliance. | 00:04:03 | |
| Of any decision if construction is commenced prior to the expiration date. | 00:04:05 | |
| Of this 30 day period if during. | 00:04:09 | |
| The meeting. | 00:04:12 | |
| This meeting procedural questions. | 00:04:14 | |
| Or other points of order arise. The final decision of this board may be. | 00:04:16 | |
| Postponed. | 00:04:20 | |
| Until more information is gathered. | 00:04:21 | |
| Considered or properly acted upon. | 00:04:23 | |
| Thank you, Andy. | 00:04:29 | |
| Notices, everybody, given that a public hearing will be held by the Dodge County Board of Adjustment. | 00:04:35 | |
| On Thursday, June 19, 2025 at 7:00 PM. | 00:04:39 | |
| Or shortly thereafter on the first floor of the Dodge County Administration Building. | 00:04:43 | |
| Tuna, Wisconsin. On the appeal of Donald. | 00:04:48 | |
| And the cold theater. | 00:04:50 | |
| Or they're into the terms of the highway set back provisions of the Dodge County Land Use Code. | 00:04:52 | |
| Through a loan accessory structure that would not meet set back. | 00:04:57 | |
| Current set back. | 00:05:01 | |
| This request is a variance to sections. | 00:05:03 | |
| Five point 2.3 and tabled by. | 00:05:06 | |
| 5.1 Dash 1. | 00:05:09 | |
| For the Dodge County land use code. | 00:05:11 | |
| Property Location Part of the southwest quarter of the Southwest Quarter, Section 22. | 00:05:14 | |
| Tone of claim and site address being. | 00:05:19 | |
| W6348. | 00:05:22 | |
| County Road J. | 00:05:24 | |
| A copy of the proposed petition is available for review. | 00:05:29 | |
| In the county Land Resources and Parks Department between the hours of eight. | 00:05:32 | |
| AM and 4:30 PM, Monday through Friday. | 00:05:35 | |
| All persons interested are invited to attend and be heard. | 00:05:38 | |
| Written comments may be submitted to the Dodge County Land Resources and Parks Department. | 00:05:42 | |
| At 127 E Oak St. Juneau, WI. | 00:05:47 | |
| Or by e-mail to. | 00:05:50 | |
| To the office no later than June 18th. | 00:05:52 | |
| 2025. | 00:05:56 | |
| That's that's County Board of Adjustment by William Knox, Chairman. | 00:05:59 | |
| Staff, please read your. | 00:06:05 | |
| Certainly. | 00:06:06 | |
| County's jurisdiction The county has jurisdiction over the site is Town of Climate has adopted the county's Hwy. set back | 00:06:08 | |
| ordinance. | 00:06:10 | |
| Review criteria subsection 2.3 point 12 point A through 2.3 point 12 point G of Dodge County Land use code. | 00:06:14 | |
| Details. Procedural matters. | 00:06:22 | |
| And the approval criteria for variance process. The board shall hold a public hearing on each variance application. | 00:06:24 | |
| And the following and the following Public Hearing Act to approve approval conditions. | 00:06:30 | |
| Or deny the variance based on. | 00:06:35 | |
| The approval criterion. | 00:06:37 | |
| In section 2.3, point 12, point E. | 00:06:39 | |
| Appellants request. | 00:06:42 | |
| An application for a variance request. | 00:06:44 | |
| Was submitted by the applicant on April 14th, 2025 for the request. | 00:06:46 | |
| To the terms of the highway set back provisions of the Dodge County Highway set back ordinance to allow an accessory structure. | 00:06:51 | |
| That does not meet the right of way setbacks as proposed. | 00:06:58 | |
| The project will be 48.72 feet from the right of way. | 00:07:01 | |
| Of Carney Highway J or 18.28. | 00:07:05 | |
| Feet within the required set back, thus prohibited by the code. | 00:07:08 | |
| This request. | 00:07:12 | |
| Is a variance. | 00:07:14 | |
| Subject subsection. | 00:07:15 | |
| 4.2. | 00:07:18 | |
| And Table 1-1 of the Dodge County Highway set back ordinance. | 00:07:19 | |
| Features The county has jurisdiction over the site as Town of Climate has adopted the county Highway Set Back ordinance, which | 00:07:23 | |
| regulates the placement of structures within 200 feet of public. | 00:07:27 | |
| Roadways. | 00:07:31 | |
| The town of climate is town zone. | 00:07:33 | |
| The property is presently being proposed to be used for residential use. | 00:07:36 | |
| Physical features of this 18.665 acre lot includes moderately sloping topography. | 00:07:40 | |
| With slopes ranging from 2 to 6%, the parcel is currently undeveloped. | 00:07:46 | |
| With some planted Pines. | 00:07:51 | |
| And some DNR regulated wetlands. | 00:07:53 | |
| The building placement appears to be within these wetlands, the Dodge County. | 00:07:56 | |
| Dodge Company does not have Charlotte OR. | 00:08:00 | |
| Wetland jurisdiction over these wetlands. | 00:08:02 | |
| The general character of the surrounding land use consists of agricultural fields. | 00:08:07 | |
| With associated homes. | 00:08:11 | |
| The village of Climbing. | 00:08:13 | |
| Since 1/4 of a mile to the West. | 00:08:14 | |
| The. | 00:08:17 | |
| Hose shed would not meet their set back. | 00:08:18 | |
| Would meet the set back from the center line of County Highway J, but would not meet this right of way set back. | 00:08:21 | |
| According to county records, the right of way. | 00:08:27 | |
| At this location is varied in front of the structure of the right of way varies from 52 to 55 feet in width on the north side of | 00:08:30 | |
| county Highway J. | 00:08:34 | |
| On April 7th. | 00:08:39 | |
| 2025 An application for county land use permit. | 00:08:40 | |
| Was made by the appellant in order they be allowed to construct. | 00:08:43 | |
| A garage on the southwest corner of the property. | 00:08:47 | |
| Permit was denied by the county land use administrator. | 00:08:50 | |
| For the following reasons, subsection 4.2. | 00:08:53 | |
| And Table 1-1 of the Dodge County Highway Ordinance. | 00:08:56 | |
| Set back Ordinance refer to the required setbacks from public roads, streets and highways under the Dodge County Land Use Code. | 00:08:59 | |
| The required set back for a county highway. | 00:09:06 | |
| Is 100 feet from the center line or 67 feet. | 00:09:08 | |
| From the right of way, whichever distance is greater. | 00:09:12 | |
| As proposed, the shed will be located 104 feet in center line of County Highway J. | 00:09:15 | |
| Which meets the required set back and 48.72 feet from the right of way. | 00:09:20 | |
| Of county highway J or 18.28 feet within the required set back therefore. | 00:09:26 | |
| Not in compliance with the ordinance. | 00:09:31 | |
| Provisions and therefore prohibited by the ordinance. | 00:09:33 | |
| The appellant is requesting an area variance to. | 00:09:36 | |
| Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance. | 00:09:39 | |
| Purpose statement. The highway setback provisions. | 00:09:45 | |
| Of the. | 00:09:48 | |
| County highway set back ordinance promote a variety of public purposes, such as providing light and air. | 00:09:49 | |
| Fire Protection. Traffic Safety. Prevention of overcrowding. | 00:09:54 | |
| Solving drainage problems and protecting the appearance and character of the neighborhood. | 00:09:57 | |
| And conserving property values the highway set back provisions also provide. | 00:10:02 | |
| For a uniform set back. | 00:10:07 | |
| For all structures along all roadways. | 00:10:09 | |
| Within the county. | 00:10:12 | |
| In order to provide safe visibility while entering or exiting the site. | 00:10:13 | |
| And to save taxpayers of Dodge County from. | 00:10:16 | |
| Purchasing non conforming structures located within the. | 00:10:20 | |
| Highway set back lines. | 00:10:22 | |
| When those structures need to be removed. | 00:10:24 | |
| For Hwy. improvement for relocation projects. | 00:10:27 | |
| Staff believes that the appellant is requesting an area variance to subsection 4.2 and Table 1-1 of the Dodge County. | 00:10:34 | |
| Highway set back ordinance staff believes that the appellant. | 00:10:41 | |
| Has quote compliant options. | 00:10:44 | |
| To place the shed on the property. | 00:10:46 | |
| The staff points out that the board does not have summary power to ignore the ordinance provisions. | 00:10:48 | |
| Or objections. | 00:10:53 | |
| Objectives. | 00:10:55 | |
| The burden also falls on the appellant to convincingly can demonstrate the board. | 00:10:56 | |
| That a literal enforcement of the land use code regulations would result. | 00:10:59 | |
| An unnecessary hardship. That hardship is due to special conditions unique to the property. | 00:11:03 | |
| And if granted, the variance would not be. | 00:11:08 | |
| Contrary to the public interest. | 00:11:10 | |
| The board should. | 00:11:12 | |
| Determine if the highway set back provisions of the code. | 00:11:13 | |
| Or unnecessarily burdensome in this case. | 00:11:16 | |
| Board should also consider. | 00:11:19 | |
| The cost of the county. The highway. | 00:11:20 | |
| And the public of having to purchase this structure in the future of the structure would need to be removed for Hwy. improvement | 00:11:23 | |
| or relocation projects. | 00:11:27 | |
| If the board. | 00:11:31 | |
| Can make findings that are necessary in order to. | 00:11:32 | |
| Grant a variance. In this case, staff recommends the following conditions of approval. | 00:11:35 | |
| In order the taxpayers. | 00:11:39 | |
| To save the taxpayers the cost of having to purchase a snack conforming structure in, the future of the structure needs to be | 00:11:42 | |
| removed for Hwy. improvement or relocation projects. | 00:11:46 | |
| 1A Variance agreement shall be recorded with the register of deeds in the amount of the value. | 00:11:50 | |
| Of the shed prior to the issuance of the variance. | 00:11:55 | |
| A plat of survey to be conducted. | 00:11:59 | |
| Showing a new complete the new completed structure prior to the issuance of the variance. | 00:12:01 | |
| The plat. | 00:12:07 | |
| Is to be attached to the. | 00:12:08 | |
| Variance agreement. | 00:12:10 | |
| And ensured. | 00:12:11 | |
| Wetland delineation to be done. | 00:12:13 | |
| From a DNR approved. | 00:12:15 | |
| Delineator prior to the issuance of the variance. | 00:12:17 | |
| Thank you, Andy. | 00:12:23 | |
| Would the appellant please come forward? | 00:12:28 | |
| Right. | 00:12:36 | |
| You state your name for the. | 00:12:47 | |
| Record please. | 00:12:49 | |
| Donald Theater. | 00:12:51 | |
| Nicole Theater. | 00:12:52 | |
| Thank you. | 00:12:53 | |
| Is there any information regarding your request that you would like to add to the record at this time? | 00:12:56 | |
| No, no. | 00:13:01 | |
| Is there anyone in attendance that would like to speak with her? | 00:13:05 | |
| Speak in favor of the variance request before the board. | 00:13:08 | |
| Is there anyone in the audience that would like to speak in favor of the variance request before the board? | 00:13:12 | |
| Anyone in the audience that would like to speak in favor of the variance request before the board? | 00:13:20 | |
| Bill, I'd like to point out Town of Climbing is in favor. | 00:13:25 | |
| We did send a letter in. | 00:13:29 | |
| Oh Yep Yep I do have that has not been read and there's a letter from our engineer also. | 00:13:30 | |
| That has not been read or put in the record. | 00:13:35 | |
| I should have been in already. | 00:13:39 | |
| I'll read that now. | 00:13:42 | |
| To whom it may concern, the Town of Climate has reviewed the proposed project that parcel. | 00:13:46 | |
| 01210152234-002, Also known as W 6348 County. | 00:13:51 | |
| County Road J. | 00:13:59 | |
| On the climate and the associated application for the variance. | 00:14:00 | |
| From the Dodge County Highway set back requirements, which assumes the placement of the accessory structure within 100 feet. | 00:14:04 | |
| Of the centerline of kind of road J. | 00:14:10 | |
| Town of Kleiman, Dodge County. | 00:14:13 | |
| Based on our review of the documentation, is our opinion that granting this variance will have no impact on the general? | 00:14:15 | |
| Public or neighborhood properties? If you have any questions, please contact me sincerely. | 00:14:21 | |
| Mark Othmer, town chair. | 00:14:25 | |
| That is it. | 00:14:37 | |
| OK. Is there anyone in attendance that would like to speak in opposition to this variance request? | 00:14:40 | |
| GC huh? | 00:14:47 | |
| Didn't GEC send you one? I didn't see anything. Yeah they sent you one cuz I got a copy of it already. | 00:14:49 | |
| There was one in our packet. | 00:14:54 | |
| It was one in our packet from GEC. | 00:14:55 | |
| Package right here you want it. | 00:15:07 | |
| I should have it here. | 00:15:09 | |
| I shall read that one as well. | 00:15:26 | |
| To whom it can make concern as the engineer of the town of Kleinman and village of climb and I reviewed the proposed. | 00:15:28 | |
| Project at. | 00:15:33 | |
| 01210152234002. | 00:15:35 | |
| And the associated application for a variance from the Dodge County Highway set back requirements, which assumes the placement of | 00:15:39 | |
| an accessory structure. | 00:15:42 | |
| Within 100 feet of the centerline of county. | 00:15:46 | |
| Road J, based on my review of the documentation, is my professional opinion that granting this variance will have no impact? | 00:15:48 | |
| On the general public or neighboring properties. If you have any questions regarding this, please contact me, yours truly, General | 00:15:55 | |
| engineering. | 00:15:58 | |
| Lucas Lisboa. | 00:16:02 | |
| Town and. | 00:16:03 | |
| Village of climate engineer. | 00:16:05 | |
| OK. Thank you. | 00:16:09 | |
| Is there anyone in attendance that would like to speak in opposition to this variance request? | 00:16:11 | |
| Anyone in? | 00:16:17 | |
| The audience that would like to speak in opposition to this variance request. | 00:16:18 | |
| He had the written correspondence rate. | 00:16:23 | |
| Yep. Board, have any questions of the appellant? | 00:16:26 | |
| Would the appellant like to make a final statement for the record? | 00:16:33 | |
| No. | 00:16:38 | |
| Public testimony is completed and the Board will now delivery the manner of the before them. | 00:16:45 | |
| Looking for. | 00:16:50 | |
| Motion to approve or deny. | 00:16:54 | |
| Don't know conclusions as you the conclusions first. | 00:16:56 | |
| Pardon. | 00:16:59 | |
| You ready? | 00:17:02 | |
| Based on the facts presented in the application and at the public hearing, the Board concludes that. | 00:17:04 | |
| The appellant request to Section 4.2 and Table 1-1 of the County set back Highway. | 00:17:10 | |
| Ordinance that refer to the set back for public roads. | 00:17:15 | |
| Yes or no? | 00:17:20 | |
| Yes, yes. | 00:17:21 | |
| Is there a physical limitation is unique to this property prevents the appellant from complying with the highway set back. | 00:17:23 | |
| Provisions of the ordinance. | 00:17:28 | |
| Of the highway set back provisions, the ordinance unnecessarily burdensome in this case, thereby creating a hardship. | 00:17:33 | |
| They do meet the 100 feet. | 00:17:43 | |
| And the the right away keeps changing along that road, I mean. | 00:17:47 | |
| You know they. | 00:17:52 | |
| They could have put the shed back. | 00:17:53 | |
| The proper distance, you know, that's just. | 00:17:56 | |
| I don't know if they had bad information or what happened but. | 00:17:58 | |
| There's so much stuff there, you know, with. | 00:18:11 | |
| Underground pipes and. | 00:18:14 | |
| Restrictions and whatnot also. | 00:18:17 | |
| Yeah. | 00:18:20 | |
| They could have had it back. | 00:18:21 | |
| Far enough to meet the. | 00:18:23 | |
| Meet the requirements. It's, you know, it's hard to say it's hard. | 00:18:24 | |
| That it's a hardship. | 00:18:27 | |
| Great. | 00:18:30 | |
| I want to answer yes no. | 00:18:40 | |
| My answer is yes, but I don't know what the rest don't think. | 00:18:44 | |
| It's supposed to be a yes if we're going to prove it. | 00:18:48 | |
| Well, so we need to put an answer on your song. | 00:18:50 | |
| All right. Does the appellant have other options available to complete these projects within the limits? | 00:18:54 | |
| Can move it back again. | 00:19:01 | |
| Once again, yes they could. | 00:19:02 | |
| All right, because it you know there is that there is the area there to move it to. | 00:19:03 | |
| What Harvard exists to the variance is denied. | 00:19:12 | |
| Cost of moving it. | 00:19:16 | |
| Yeah, but we're supposed to look at it like it. | 00:19:18 | |
| They haven't started anything yet. I guess it's not it's. | 00:19:21 | |
| The projects harmful anyway to the public's interest? No, no. | 00:19:25 | |
| As a board of information to make a decision, yes. | 00:19:30 | |
| Does the Board believe the appellants variance request and Hwy. set back orders meet the criteria that necessary in order to grant | 00:19:35 | |
| the area variance? | 00:19:38 | |
| So. | 00:19:50 | |
| If the board can make the findings so grant variance. | 00:19:52 | |
| Or any conditions of approval necessary in this case to mitigate any potential adverse. | 00:19:55 | |
| Impacts. | 00:20:00 | |
| I would suggest everything is listed there. | 00:20:01 | |
| If we do it. | 00:20:04 | |
| Definitely. | 00:20:05 | |
| There about the wetland cleaning especially is very. | 00:20:06 | |
| I think they have that in a packet. | 00:20:11 | |
| There's a little bit different though. You sure Dylan Eater is different than what was provided there so. | 00:20:13 | |
| Bill. | 00:20:22 | |
| I'm looking for a motion to approve or deny the variance request before the board. | 00:20:24 | |
| Also move to approve with the. | 00:20:55 | |
| The things up on top though. | 00:20:59 | |
| What we talked about so. | 00:21:02 | |
| Is there a second? | 00:21:07 | |
| I'll second. | 00:21:08 | |
| Any discussion? | 00:21:11 | |
| I you know it. | 00:21:14 | |
| It doesn't hurt anybody, but it's it's too bad that it was. | 00:21:16 | |
| It came to this, you know, it should have been. | 00:21:19 | |
| You know. | 00:21:21 | |
| They shouldn't have needed a variance that should have been back. | 00:21:22 | |
| Originally, start with. I mean, like you said, it's not. | 00:21:25 | |
| I don't see the building as an issue, but I do. | 00:21:27 | |
| I hate to always. | 00:21:30 | |
| You know, muddy the waters, but but. | 00:21:32 | |
| Right. | 00:21:36 | |
| Any other? | 00:21:41 | |
| Discussion. | 00:21:42 | |
| Peter and how cold of water. | 00:21:46 | |
| Mark, Abstain. | 00:21:48 | |
| John, I'll vote yes. | 00:21:53 | |
| Russell. | 00:21:59 | |
| Rodney. | 00:22:02 | |
| Myself, yes. | 00:22:04 | |
| We have 4 yes votes, 1 abstention. | 00:22:06 | |
| So the motion is. | 00:22:09 | |
| Approve the. | 00:22:11 | |
| Variance with the conditions listed above. | 00:22:13 | |
| The base of the above finding the conclusion of the. | 00:22:23 | |
| In this record. | 00:22:26 | |
| The graph. | 00:22:27 | |
| Granted the variance as proposed with the conditions. | 00:22:30 | |
| And Atlanta uses ministers. | 00:22:35 | |
| Directed through an issue a land use permit incorporated decision of the Board. | 00:22:37 | |
| Go back, go back to London and see if it's still there. | 00:23:00 | |
| Still there? You heard Andy saying. You know that. | 00:23:04 | |
| So wait to 30 days in case. | 00:23:07 | |
| If you don't. | 00:23:10 | |
| If you start before 30 days, you're at your own risk. | 00:23:11 | |
| Case somebody files a. | 00:23:14 | |
| With the court. | 00:23:15 | |
| OK. All right. | 00:23:17 | |
| Notice hereby given that a public hearing will be held by the Dodge County Board of Adjustment on Thursday, June 19th, 2025. | 00:23:32 | |
| At 7:15 or shortly thereafter on the first floor of the Dodge County Administration Building, Juno, Wisconsin. | 00:23:39 | |
| And the appeal of Douglas. | 00:23:45 | |
| Venega and. | 00:23:47 | |
| Sandra Morris Majors, I'm sorry. | 00:23:49 | |
| Sandra Majors for a variance request. | 00:23:51 | |
| Was submitted by the appellant was relief. | 00:23:54 | |
| For a variance to the items of the ordinary high watermark. | 00:23:57 | |
| Set back provisions of the Dodge County Shoreland Protection Ordinance. | 00:24:00 | |
| To allow a fire pit in retaining walls to remain. | 00:24:04 | |
| That does not comply with the required 75 foot set. | 00:24:08 | |
| This request is a variance of subsection 6.1. | 00:24:12 | |
| Of the Dodge County Shoreland Protection Ordinance. | 00:24:15 | |
| Property location. | 00:24:18 | |
| Part of the Northeast quarter or the Southeast quarter, Section 11, town of Westbrook. | 00:24:20 | |
| Site address being W 10330. | 00:24:25 | |
| Sunny Point Rd. | 00:24:29 | |
| A copy of the proposed petition is available for review and the. | 00:24:32 | |
| County Land Resources and Parks Department. | 00:24:35 | |
| Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. | 00:24:39 | |
| All persons interests are invited to attend and be heard. | 00:24:44 | |
| Written comments may be submitted to the Dodge County Land Resources. | 00:24:47 | |
| Cars departure 127 E. | 00:24:51 | |
| Oak Street. | 00:24:53 | |
| Or by e-mail. | 00:24:54 | |
| Dodge County Board of Adjustment by William Mass, chairman. | 00:24:56 | |
| Staff report yes, certainly the county has jurisdiction over This site is the town is Westford. | 00:25:02 | |
| Falls on the county shoreland protection ordinance. | 00:25:07 | |
| Subsection 14.71 and 14. | 00:25:10 | |
| .76 of the Dodge County shoreland Protection. | 00:25:13 | |
| Ordinance lists procedural matters and the approval criteria for variance. | 00:25:18 | |
| For the variance process, the board shall hold a public hearing for on each variance application. | 00:25:22 | |
| The following Public Hearing act to approve. | 00:25:27 | |
| Approved with conditions or deny the variance based upon. | 00:25:31 | |
| The approval criteria of section. | 00:25:34 | |
| 14.7. | 00:25:37 | |
| 6 on May 1st. | 00:25:39 | |
| 2025 and after the fact application for a variance. | 00:25:42 | |
| Request was submitted by the appellant. | 00:25:45 | |
| With a request for a variance to the terms of the ordinary how watermark set back. | 00:25:48 | |
| Provisions of the current. | 00:25:52 | |
| Dodge County strolling protection ordinance to allow for a fire pit entertaining walls. | 00:25:53 | |
| To remain that do not comply with the required set back. | 00:25:58 | |
| The fire pit is located 37 feet from the ordinary high watermark of Beaver Dam Lake. | 00:26:02 | |
| Or 38 feet within the. | 00:26:07 | |
| Required set back and thus prohibited by the code. | 00:26:09 | |
| The retaining walls are located 0 feet from the ordinary high watermark of Beaver Dam Lake or 75 feet within the required set back | 00:26:12 | |
| and thus prohibited by the Code. | 00:26:16 | |
| The county has Charlotte jurisdiction over the site as the site is located 1000 feet. | 00:26:22 | |
| Within 1000 feet of the ordinary high watermark of inevitable water. | 00:26:28 | |
| Beaver Dam Lake. | 00:26:32 | |
| The county also has floodplain jurisdiction over the site. | 00:26:33 | |
| This portions of the site designated. | 00:26:37 | |
| Are designated as floodplain. | 00:26:39 | |
| On the maps listed in section. | 00:26:42 | |
| 1.5 Parent to a of Dodge County floodplain ordinance. | 00:26:44 | |
| Portions of the site also. | 00:26:49 | |
| Are located within the Flood Storage district. | 00:26:51 | |
| The property is presently being used for residential use. | 00:26:54 | |
| Physical features of the point. | 00:27:02 | |
| 375 acre lot. | 00:27:04 | |
| Include fairly flat. | 00:27:06 | |
| Topography with slopes ranging from zero to 2%. The parcel contains a residence and associated accessory structures. | 00:27:08 | |
| The current impervious surface on the property is. | 00:27:15 | |
| 2787 square feet. | 00:27:19 | |
| Or 17.06%. | 00:27:22 | |
| These structures. | 00:27:24 | |
| Do not impact the impervious surface calculations. This property is considered a highly developed shoreline. | 00:27:26 | |
| Under Section 9.4 of the Dodge County Charlotte Protection Ordinance and is permitted up to 30% of impervious surfaces. | 00:27:31 | |
| Without mitigation. | 00:27:39 | |
| The general character of the surrounding. | 00:27:41 | |
| Land use consists of single family residences to the east and West and agro. | 00:27:43 | |
| Cultural Field. | 00:27:47 | |
| Is located to the South. | 00:27:49 | |
| Of Sunny Point Rd. | 00:27:50 | |
| Per Section 16.2 of the Dodge County Shoreland Protection Ordinance. | 00:27:52 | |
| Both a fire pit and a retaining wall are defined as structures. | 00:27:57 | |
| Permit History July 5th, 2024 and after the fact application for a county land use permit was made. | 00:28:02 | |
| By the appellant in order to resolve a land use violation for the construction of a fire pit. | 00:28:09 | |
| In retaining walls on the Northside of the residence without a permit. | 00:28:14 | |
| An on site inspection was conducted on July 10th. | 00:28:19 | |
| 2024 the following. | 00:28:22 | |
| Further following further review and additional correspondence between the staff. | 00:28:24 | |
| And the owners? | 00:28:29 | |
| After the fact. | 00:28:30 | |
| Land use permit was denied on May 6, 2025. | 00:28:31 | |
| A variance application was submitted. | 00:28:35 | |
| To this department on May 1st, 2025. | 00:28:37 | |
| Applicable ordinance Applicable ordinance provisions in this case section. | 00:28:42 | |
| 6.1. | 00:28:47 | |
| The shoreline setbacks within. | 00:28:48 | |
| Dodge County Shoreland set back ordinance you unless exempt. | 00:28:50 | |
| A set back of 75 feet from the ordinary Hill watermark. | 00:28:54 | |
| Of any navigable waters to the nearest part of it. | 00:28:58 | |
| A building or structure shall be all be required. | 00:29:02 | |
| For all buildings and structures. | 00:29:05 | |
| The permit was denied by the county Land use Miss. | 00:29:08 | |
| Administrator for the following reasons. | 00:29:12 | |
| That's constructed. The fire pit is located 37 feet from the ordinary high watermark of. | 00:29:14 | |
| Beaver Dam Lake or 38 feet within the required set back. | 00:29:18 | |
| And thus prohibited by 6 sections 6.1 of the Dodge County. | 00:29:22 | |
| Showing ordinance. Additionally, the retaining walls are located 0 feet from the ordinary high watermark. | 00:29:26 | |
| A Beaver Dam, lake or 75 feet within the required set back. | 00:29:32 | |
| And thus prohibited by section 6.1 of the Dodge County Shoreland. | 00:29:35 | |
| Ordinance. The appellant. | 00:29:40 | |
| Is requesting an area variance to section 6.1 of the Dodge County. | 00:29:42 | |
| Soil and protection ordinance. | 00:29:45 | |
| No response from the town. | 00:29:49 | |
| Purpose Statement The purpose of the water set back provisions of the code. | 00:29:51 | |
| Are to require a uniform set back distance from the water. | 00:29:55 | |
| Preserve the public interest in shore lands and navigable waters. | 00:29:58 | |
| Of the state. | 00:30:02 | |
| And for every property owner. | 00:30:03 | |
| That can that has frontage out. | 00:30:06 | |
| On a body of water. | 00:30:08 | |
| Is required to comply with this uniform set back requirement. | 00:30:10 | |
| In this case, both the fire pit and the retaining walls are located within the. | 00:30:14 | |
| Set back of the. | 00:30:17 | |
| And therefore prohibited by the code. | 00:30:19 | |
| Staff Advisory staff points out the board does not have summary power, so ignore. | 00:30:22 | |
| Provisions or objectives? | 00:30:26 | |
| Burden also falls on the appellant to convincely demonstrate. | 00:30:28 | |
| To this board that a little enforcement of both the land use. | 00:30:31 | |
| Code and the shoreline protection ordinance. | 00:30:34 | |
| Regulations would result in an unnecessary hardship that. | 00:30:37 | |
| The hardship is due to special conditions unique to the property and if granted. | 00:30:40 | |
| The variance would not. | 00:30:44 | |
| Be contrary to the public interest. | 00:30:45 | |
| It's a staff's position that the board will not be able. | 00:30:47 | |
| Will be unable to make the findings necessary in order to grant the. | 00:30:51 | |
| In this case, and therefore the variance request should be denied. | 00:30:55 | |
| Thank you, Andy. | 00:31:00 | |
| Would you tell them please step forward? | 00:31:02 | |
| Bill, we do have a. | 00:31:08 | |
| When it comes to the point, we do have a. | 00:31:09 | |
| DNR response. | 00:31:11 | |
| State your name for the record please. Hi, my name is Doug Benigay. I live at W. | 00:31:16 | |
| 10320 Sunny Point Rd. | 00:31:20 | |
| Sandra Majors, same address. | 00:31:23 | |
| Any information regarding the request that you would like to add to the record at this time? | 00:31:26 | |
| Well, yeah, I think somewhere along the line there's just been some confusion on this because we didn't really, we were told we | 00:31:31 | |
| had to do a variance, but we haven't changed anything. We we. | 00:31:35 | |
| We repaired. | 00:31:39 | |
| Existing structures. | 00:31:40 | |
| Which I was under the impression that was OK to do. We haven't. | 00:31:42 | |
| Added any structures, we just we repaired those there. We bought the house about five years ago. | 00:31:47 | |
| We did a full restoration on it about two years ago. We. | 00:31:52 | |
| We moved in and we started doing, you know, yard work and cleaning up that stuff, and there's a lot of disrepair with the. | 00:31:56 | |
| The the wall that was on the shoreline was falling apart as just as wood 656 is the the rock on the shorelines, the combination of | 00:32:04 | |
| cinder block brick. | 00:32:09 | |
| Concrete slabs. | 00:32:14 | |
| Broken bottles. | 00:32:16 | |
| And and rock. | 00:32:18 | |
| And and even some asphalt was in there. | 00:32:19 | |
| You know, cleaned all that up. | 00:32:22 | |
| So everything we've done is just been to repair and and preserve what was already there, so. | 00:32:24 | |
| When we're asked to do a variance, it was kind of confusing because we felt like that somehow admitting that we. | 00:32:30 | |
| We added something. | 00:32:36 | |
| But we haven't added anything. | 00:32:37 | |
| We just repaired things that were already there. | 00:32:40 | |
| So I'm not even sure why we're here. I don't, I don't understand how the process works. And you know, some of that's our fault. | 00:32:43 | |
| We've tried to read up and understand it, but. | 00:32:46 | |
| So you know if we messed up somewhere along the line and making this part clear. | 00:32:50 | |
| But uh. | 00:32:54 | |
| You know, when we're asked to do a variance or both. | 00:32:55 | |
| We're not asking, you know we don't have a. | 00:32:58 | |
| We're not varying anything. We're repaired. | 00:33:01 | |
| Placing stuff you know, it's all been a repair work. | 00:33:04 | |
| Thank you clarification on. | 00:33:10 | |
| Response to that is that. | 00:33:12 | |
| The replacement of non conforming structures requires a permit. | 00:33:15 | |
| And there was no permit taken out. | 00:33:20 | |
| And. | 00:33:22 | |
| Now that those structures are gone. | 00:33:23 | |
| We don't know what was there. | 00:33:25 | |
| We can't give you a permit for what we don't know was there we. | 00:33:28 | |
| If it would have been. | 00:33:32 | |
| Done in the proper order. | 00:33:34 | |
| Any any replacement? I'm not good for any structures. | 00:33:36 | |
| Could have been approved. | 00:33:39 | |
| So what can we do to provide proof that this stuff did exist? Because we've got some. | 00:33:40 | |
| Neighbors here that. | 00:33:46 | |
| They've lived in. | 00:33:48 | |
| I believe Bryce Johnson from our. | 00:33:49 | |
| Department is asked for. | 00:33:53 | |
| Proof. | 00:33:56 | |
| That we haven't received yet. | 00:33:57 | |
| We gave we sent letters in, we've sent affidavits in. There's no visual pictures because of what the property looked like before | 00:33:59 | |
| and you. | 00:34:02 | |
| Couldn't see aerials or anything like that because it was covered with trees. | 00:34:06 | |
| So when I spoke with Terry Oak. | 00:34:09 | |
| He said provide something and so that's why we got the letters together from all of our neighbors to confirm. | 00:34:11 | |
| That there was a fire pit and. | 00:34:17 | |
| The walls there. | 00:34:19 | |
| And those are submitted with the one of the last applications that I submitted. | 00:34:21 | |
| In our in our business it's. | 00:34:27 | |
| It's kind of a show me thing. | 00:34:28 | |
| We don't have any visual. | 00:34:30 | |
| Proof that it was there. | 00:34:32 | |
| So. | 00:34:33 | |
| We can't move on it. | 00:34:34 | |
| You know. | 00:34:35 | |
| I don't understand that is. | 00:34:37 | |
| How to prove something that was there when? | 00:34:39 | |
| Not there anymore. | 00:34:41 | |
| Other than we got witnesses. | 00:34:44 | |
| You know, and I would think witnesses. | 00:34:46 | |
| Would be valuable. | 00:34:49 | |
| I mean that seems. | 00:34:50 | |
| It works in court, it's something that's always taken into account. | 00:34:52 | |
| You know, and we apologize for not. | 00:34:58 | |
| Knowing better. | 00:35:00 | |
| Yeah, but that's what all we can do. Apologize. We don't. | 00:35:02 | |
| This is all new to us. | 00:35:06 | |
| We uh. | 00:35:07 | |
| Didn't know that there was a problem. We thought that replacing things was was. | 00:35:09 | |
| You know, umm. | 00:35:12 | |
| Was a fair, but that was all a fair game, you know, we weren't aware so. | 00:35:14 | |
| So that would apologize, but. | 00:35:17 | |
| To take this out now, I'm not even sure what we do or how we go about it. | 00:35:19 | |
| And. | 00:35:25 | |
| At the same time. | 00:35:27 | |
| Sandra just lost her job working for the government for several years. So we're down to a single income. So that's, you know, | 00:35:28 | |
| makes it's going to. | 00:35:32 | |
| It's going to be substantial expense and I don't know how we could even swing some of that right now. | 00:35:35 | |
| After 30 some years between Army and and Veterans Administration. | 00:35:40 | |
| You know, with the cutbacks in the government. | 00:35:45 | |
| She's, you know, unemployed at the moment. | 00:35:47 | |
| Not sure if that's. | 00:35:52 | |
| Carnage here or not, but is there? | 00:35:56 | |
| Anyone in attendance that would like to speak in favor of this request? | 00:35:58 | |
| Would you step up please? | 00:36:03 | |
| State your name for the record. | 00:36:06 | |
| He's on over here. | 00:36:11 | |
| Yep. | 00:36:13 | |
| My name is Dave Lamers. | 00:36:18 | |
| I'm three houses over. | 00:36:19 | |
| To the West from him. | 00:36:23 | |
| The Shoreline. | 00:36:25 | |
| Address please W10344. | 00:36:26 | |
| Sunny Point Rd. | 00:36:30 | |
| And I've been there. | 00:36:32 | |
| 4848 years. | 00:36:34 | |
| 48 years been there since we've been married so. | 00:36:36 | |
| I used to people Paul Jung. | 00:36:41 | |
| Lived at the residence. Dennis Gale. | 00:36:44 | |
| People I. | 00:36:46 | |
| And we used to go over there and. | 00:36:47 | |
| In a big bonfire bit in the middle of the yard. | 00:36:48 | |
| We were there all the time. | 00:36:52 | |
| I mean the fire pit. | 00:36:53 | |
| The people that lived in between there is Scott. I didn't know him well. | 00:36:55 | |
| But that was 15 years in between. | 00:36:59 | |
| Now, like Doug said when he. | 00:37:03 | |
| Dug it up. | 00:37:04 | |
| The old fire pit was always there in the center of the yard. We always had one there. | 00:37:06 | |
| I couldn't tell you exactly where he is for the footage. | 00:37:10 | |
| And I really didn't. | 00:37:13 | |
| His shoreline wise. | 00:37:16 | |
| There's so much shoreline out there, I don't really look at the shorelines. | 00:37:18 | |
| You know. | 00:37:21 | |
| Looks very nice what they did cleaned it all up. | 00:37:22 | |
| But I for fact was a fire pit. | 00:37:25 | |
| Many times as many times over there with different friends from high school live there. Guy wants chili. John's Greek. | 00:37:28 | |
| Christopher is, he lived in that house before these guys did. | 00:37:34 | |
| But. | 00:37:38 | |
| I could testify the fire pit was always there. I mean. | 00:37:40 | |
| How it was and the structure was just like any other fire pit when you grow up on the lake out there. | 00:37:43 | |
| Anywhere else you are. | 00:37:47 | |
| You find a spot in the middle, you burn all your brush. You have fires. Grill out. | 00:37:49 | |
| Sit around, drink beers and enjoy life. | 00:37:53 | |
| I see nothing wrong that I'm all for whatever he's got there. He did a very nice job of it. | 00:37:56 | |
| I went over after he told me. I got the notice in the mail and. | 00:38:00 | |
| I went over there. | 00:38:03 | |
| Doug invited me over and I went over, looked at what he did and. | 00:38:05 | |
| You know, he fixed it up. It looks very nice and it's been must spend tons of money on it, but. | 00:38:09 | |
| To make it look better, they're from. | 00:38:15 | |
| Another town. They're not from around here. | 00:38:17 | |
| So. | 00:38:19 | |
| Can you verify that? | 00:38:20 | |
| Water wall was our. | 00:38:25 | |
| Shoreline. | 00:38:27 | |
| Right where he put it now. | 00:38:28 | |
| The original. | 00:38:32 | |
| I'm sure it is. | 00:38:33 | |
| Couldn't see how he changed it. | 00:38:35 | |
| You know he didn't. | 00:38:38 | |
| He wasn't involved with me. | 00:38:39 | |
| I mean, I went through all this myself with. | 00:38:41 | |
| Doing some RIP rap and I had a set back of 15 feet and stuff but they gave me permits for what I did but. | 00:38:43 | |
| Not really knowing him when he moved in at all. | 00:38:49 | |
| He's 4 houses away from me, I just got to know him. | 00:38:52 | |
| Since out of this but. | 00:38:55 | |
| That's all I can tell you. | 00:38:58 | |
| OK. Thank you. | 00:38:59 | |
| All right, Charles Schmeling, W 10336 Sunny Point Rd. | 00:39:00 | |
| We're next door neighbors to Doug and sanity. | 00:39:07 | |
| And I'm trying to remember exactly what that shoreline looked like, but I know when we moved in to the place in 2016. | 00:39:11 | |
| I was pretty concerned about the amount of erosion. | 00:39:18 | |
| Occurring to the poorly maintained and just. | 00:39:21 | |
| Junk that was in that shoreline. | 00:39:25 | |
| There was squares. I remember squares of like concrete like you would. | 00:39:28 | |
| Bust out of a sidewalk. | 00:39:32 | |
| Just thrown in the lake. | 00:39:34 | |
| Some of it was stood up. | 00:39:36 | |
| You know, try to. | 00:39:37 | |
| Break the waves a little bit. | 00:39:39 | |
| There were two by fours. There were rocks. | 00:39:40 | |
| And there are some trees that had uprooted themselves and that bare dirt. | 00:39:43 | |
| And you get a good gully washer, rain and that. | 00:39:48 | |
| Dirt was washed right into the lake. | 00:39:51 | |
| And you know as well as I do if you've ever been out there. | 00:39:53 | |
| You ever tip your boat over, you don't have to worry about drowning, you just stand up. | 00:39:56 | |
| Because it's so shallow and it's getting more shallow all the time. | 00:40:00 | |
| Because of the erosion. | 00:40:04 | |
| And what Doug did to his property. | 00:40:05 | |
| Fix that. | 00:40:08 | |
| It's there's no longer. | 00:40:10 | |
| The on rush of mud every time we get a good heavy rain. | 00:40:12 | |
| As far as far as the fire pit? | 00:40:16 | |
| I. | 00:40:18 | |
| Many years back, like one of the first years we lived there. | 00:40:19 | |
| They were sitting around. | 00:40:22 | |
| Burning some brush in the middle of the lawn. | 00:40:24 | |
| I can't. | 00:40:28 | |
| Verify that there were bricks there, but they were certainly burning stuff there and. | 00:40:29 | |
| They must have had some sort of a containment or something to keep it from burning. | 00:40:33 | |
| Out rest of the lawn. | 00:40:37 | |
| Those two things. | 00:40:40 | |
| Again. | 00:40:42 | |
| I think what he's done to the property has improved things. | 00:40:43 | |
| Anybody that? | 00:40:47 | |
| Can take a look at that and say that it's a detriment to the lake. | 00:40:48 | |
| Or a detriment to the neighborhood is crazy in the head? | 00:40:52 | |
| Thank you. | 00:40:58 | |
| Anyone else here you'd like to speak in favor of this experience request? | 00:40:59 | |
| Is there anyone in the audience that would like to speak in favor of this variance request? | 00:41:04 | |
| The same I've been with him. | 00:41:15 | |
| 48 years is the same thing being said. | 00:41:16 | |
| And your name, please, Deborah Lamers. | 00:41:19 | |
| Is there anyone in the audience that would like to speak in opposition to this variance request? | 00:41:25 | |
| Is there anyone in the audience that would like to speak in opposition to this variance request? | 00:41:31 | |
| Anyone in the audience that would like to speak in opposition to this variance request? | 00:41:37 | |
| A written correspondence, yes. | 00:41:43 | |
| Of natural resources. | 00:41:46 | |
| Dear Board Members, Department of Natural Resource has received information for the June 19th, 2025 public. | 00:41:49 | |
| Hearing concerning the variance request. | 00:41:56 | |
| For submitted for the majors property. | 00:41:58 | |
| The department is writing in response to the county. | 00:42:01 | |
| Board of Adjustments request for. | 00:42:04 | |
| An opinion. | 00:42:06 | |
| From the. | 00:42:07 | |
| Apartment per Chapter 59.692 Parent for parent B, Wisconsin states. | 00:42:08 | |
| Statutes as allowed by law. | 00:42:15 | |
| Please have this letter delivered and read before the board the department has reviewed. | 00:42:17 | |
| The variance application and the county staff report. | 00:42:22 | |
| For this case. | 00:42:25 | |
| This is an after the fact variance for the construction of a patio. | 00:42:26 | |
| And fire pit and retaining wall that do not meet the. | 00:42:31 | |
| 75 foot shoreland set back from navigable waterway. | 00:42:33 | |
| The application states that the projects. | 00:42:38 | |
| We're replacing existing non conforming structures. | 00:42:40 | |
| But have not been able to provide the county evidence. | 00:42:43 | |
| That this was the case in addition. | 00:42:47 | |
| Activities including grading and county land use permit were not applied for. | 00:42:50 | |
| The department understands. | 00:42:55 | |
| From the information provided that the. | 00:42:57 | |
| Applicant. | 00:42:59 | |
| Has not provided. | 00:43:00 | |
| Evidence that there were existing non performing accessory structures in place. | 00:43:02 | |
| Prior to the construction. | 00:43:06 | |
| It is a responsibility of the property owner to provide evidence that this was the replacement of an existing, not confirming | 00:43:07 | |
| accessory structure. | 00:43:11 | |
| Therefore it is a self created hardship. | 00:43:15 | |
| When the structure is built without. | 00:43:17 | |
| Applying for a permit. | 00:43:20 | |
| Cumulative impact. | 00:43:22 | |
| Of increasing the number of non conforming structures. | 00:43:24 | |
| Near the lake can have a. | 00:43:27 | |
| Detrimental impact on the natural scenic beauty. | 00:43:29 | |
| The department does not believe that all three variance criterias will be satisfied. | 00:43:32 | |
| There is also a boat ramp that was constructed or reconstructed. | 00:43:38 | |
| Part of which including. | 00:43:42 | |
| The retaining wall, according to the photographs. | 00:43:44 | |
| May be below the ordinary high watermark and would be subject. | 00:43:47 | |
| To the state jurisdiction under. | 00:43:50 | |
| Wisconsin Statute. | 00:43:52 | |
| 30. | 00:43:54 | |
| The applicant. | 00:43:56 | |
| Should contact the department's water management specialist to determine whether an additional permit may be needed for. | 00:43:57 | |
| The activity. | 00:44:04 | |
| As the board reviews. | 00:44:05 | |
| These. | 00:44:07 | |
| Variance requests. Keep in mind that the applicant has the burden of. | 00:44:07 | |
| Proving. | 00:44:11 | |
| That their application meets all the statutory requirements for granting A variance for each variance request. | 00:44:12 | |
| That is, the applicant must provide prove. | 00:44:18 | |
| That they will suffer an unnecessary hardship if the provisions of the county's shoreland ordinance are literally enforced. | 00:44:22 | |
| Wisconsin Supreme Court has made it clear that proof of unnecessary hardship is itself. | 00:44:28 | |
| Does not entitled applicant. | 00:44:35 | |
| To a variance it. | 00:44:37 | |
| Possible that the applicant. | 00:44:41 | |
| Will provide additional evidence. | 00:44:43 | |
| At the hearing. | 00:44:45 | |
| Which may change the conclusions listed below. | 00:44:46 | |
| All the statutory variance criteria must be satisfied to grant a variance. | 00:44:49 | |
| They are. | 00:44:55 | |
| Unique physical eliminate limitation. | 00:44:57 | |
| The applicant. | 00:44:59 | |
| Must demonstrate that a unique physical limitation. | 00:45:00 | |
| Wetlands, steep slopes, Streams. | 00:45:03 | |
| Rock out, Copperings. | 00:45:06 | |
| Or special conditions of the property exist. | 00:45:08 | |
| Prevent. | 00:45:11 | |
| Compliance with the ordinance regulations. | 00:45:13 | |
| The physical limitations. | 00:45:16 | |
| Must be unique to the property in question and not generally shared by other properties in the area. | 00:45:18 | |
| Will determine if the. | 00:45:23 | |
| Determining if the compliance is prevented. | 00:45:25 | |
| The whole parcel must be considered. This lot appears to be of similar size, shape and grade as neighboring lots, according to the | 00:45:28 | |
| county's GIS mapping. | 00:45:33 | |
| So no, you unique features appear to be. | 00:45:39 | |
| Appear to limit. | 00:45:42 | |
| Allowed land uses. | 00:45:44 | |
| No harm to the public interest, the applicant. | 00:45:45 | |
| Must demonstrate that the variance will not result in any harm or be contrary to. | 00:45:48 | |
| Public interest. | 00:45:53 | |
| The board must consider these impacts of the proposed project. | 00:45:55 | |
| As well as the cumulative impacts of similar projects. | 00:45:59 | |
| On interests of the neighbors, the community and the general public. | 00:46:02 | |
| These interests are listed in the purpose statement of the ordinance and. | 00:46:06 | |
| For shoreland zoning include protection of the public health, safety, welfare, maintenance. | 00:46:10 | |
| Of clean water, protection of fish and wild habitat. | 00:46:16 | |
| And preservation of natural scenic beauty. | 00:46:19 | |
| Cumulative impacts of adding new non conforming accessory structures. | 00:46:23 | |
| Near the lake and have a detrimental impact on natural scenic beauty. | 00:46:27 | |
| And water quality. | 00:46:31 | |
| Unnecessary hardship the applicant. | 00:46:33 | |
| Must demonstrate if the variance is not granted, an unnecessary hardship exists. | 00:46:35 | |
| The applicant may not claim unnecessary hardships because of the conditions. | 00:46:41 | |
| Which are self-imposed are created by. | 00:46:45 | |
| A prior owner. | 00:46:48 | |
| For example, building a home and compliant. | 00:46:50 | |
| In compliance and then subsequently constructing a deck without a permit. | 00:46:53 | |
| Courts have also determined that economic or financial hardship does not justify a variance. | 00:46:58 | |
| When determining whether unnecessary hardship exists, the board. | 00:47:04 | |
| Must consider the property as a whole rather than just a portion of the parcel. | 00:47:08 | |
| The board must decide whether the minute. | 00:47:12 | |
| Minimal release. | 00:47:14 | |
| Is warranted under. | 00:47:16 | |
| Cumulative impacts. | 00:47:18 | |
| Consideration. | 00:47:20 | |
| Given the consideration of whether there are. | 00:47:21 | |
| There are currently adequate conditions for reasonable use at the property. | 00:47:24 | |
| For which it is zoned. | 00:47:29 | |
| When a new structure is built. | 00:47:30 | |
| Without a permit itself, it is a self created hardship. | 00:47:32 | |
| Also, it must be proved. | 00:47:36 | |
| That rebuilding. | 00:47:37 | |
| Was done without expanding or. | 00:47:39 | |
| The existing footprint. | 00:47:41 | |
| In order they be allowed. | 00:47:43 | |
| As the rebuilding of existing non conforming structures. | 00:47:44 | |
| If there is evidence as they are existing. | 00:47:48 | |
| Is the responsibility of the Board of Adjustment. | 00:47:51 | |
| To assure that all. | 00:47:53 | |
| The statutory requirements. | 00:47:55 | |
| For granting A variance or met the standards help to ensure protection of the public interest, including the preservation of water | 00:47:57 | |
| quality. | 00:48:01 | |
| And Fish and Wildlife habitat along. | 00:48:05 | |
| Lakes and rivers. | 00:48:07 | |
| Wisconsin's navigable waterways are held in. | 00:48:08 | |
| Trust for all. | 00:48:11 | |
| People to enjoy. | 00:48:12 | |
| Charlotte set back The Charlotte set back is important to protect. | 00:48:14 | |
| The water quality, natural scenic beauty. | 00:48:17 | |
| And the fish. | 00:48:19 | |
| And wildlife habitat of Wisconsin waterways the department appreciates. | 00:48:20 | |
| Your commitment to the Dodge counties. | 00:48:24 | |
| Water resource and protection of public interest. | 00:48:27 | |
| For future generations. | 00:48:29 | |
| Sincerely, Dale Reza Beck, Shoreland specialist. | 00:48:31 | |
| Andy, do you have any? I do not know. | 00:48:37 | |
| Add something. | 00:48:46 | |
| Sure. So we did have another neighbor that was going to be here tonight that lives right next door to us the other way. And he | 00:48:50 | |
| wasn't able to be here because his wife's in the hospital. | 00:48:54 | |
| But he had. | 00:48:59 | |
| Was, you know, ready to test. | 00:49:01 | |
| To the like same as. | 00:49:04 | |
| These neighbors. | 00:49:06 | |
| On things so you know if we need additional time to get his testimony as. | 00:49:08 | |
| As to add proof that. | 00:49:13 | |
| This stuff existed. We could, you know, I'd like that. | 00:49:15 | |
| Also that you know. | 00:49:19 | |
| We, like I said, we, you know, we. | 00:49:21 | |
| We just rebuilt what was there, but I. | 00:49:24 | |
| I guess at the same time we'd like to have fair treatment with. | 00:49:26 | |
| You know, there's a condo that just got built 25 feet off the lake on the other side of the lake, and that was approved and they | 00:49:30 | |
| got basically the same kind of stuff on the shoreline as we do. | 00:49:35 | |
| So. | 00:49:39 | |
| I would be confused why something that we had. | 00:49:40 | |
| Can't be approved when something that wasn't there they clear cut the shoreline, took down all the trees wasn't just a viewing | 00:49:43 | |
| corridor they. | 00:49:46 | |
| They redid the shoreline, they they put in retaining walls, and they built a condo. | 00:49:50 | |
| 25 feet from the water mark. | 00:49:55 | |
| I I just wish, you know, I'd like to believe that we're going to get treated fairly. | 00:49:58 | |
| Dealing if it's good for the goose is good for the gander type thing and I know that. | 00:50:03 | |
| That's not the way you guys want to always go, but. | 00:50:08 | |
| I don't see. | 00:50:10 | |
| Why we should be held to? | 00:50:13 | |
| Criteria. Uh. | 00:50:14 | |
| Then maybe somebody that's got more money than us or something. You know, I don't know what, I don't know what the reasoning. | 00:50:16 | |
| How that got approved? | 00:50:21 | |
| And again, you know, we're not really looking at a variance, we're. | 00:50:23 | |
| We're just looking for acceptance that we were able to rebuild something that we already had and it's something things that | 00:50:27 | |
| existed. It was. | 00:50:31 | |
| We repaired the shoreline. | 00:50:34 | |
| We stopped erosion. | 00:50:36 | |
| We we bought the property because it had a boat ramp so I could use my catamaran. That was one of the. | 00:50:38 | |
| Things that we liked about the property to be able to continue to use that. | 00:50:43 | |
| And you know, we've, we've stopped. | 00:50:46 | |
| We put a halt to a problem that was happening there. | 00:50:50 | |
| You know, I think we've done a really great job. | 00:50:53 | |
| I'd like to see that recognized. | 00:50:56 | |
| Sir, either you or your wife said something about you had some letters from. | 00:50:59 | |
| Neighbors. So where are there? | 00:51:04 | |
| They were. I have copies of them, but they were included in one of the packets that I submitted back. | 00:51:06 | |
| Two times ago. Not the most recent packet, but the one before that. | 00:51:11 | |
| When they asked for evidence. | 00:51:16 | |
| That's where I submitted. I don't you should have that in the package. | 00:51:18 | |
| But I do have copies of all of the letters for the neighbors that did. | 00:51:22 | |
| How many? | 00:51:27 | |
| Yeah, we get those two in one additional. | 00:51:31 | |
| And the guy that wasn't able to be here because it's like being in the hospital. | 00:51:33 | |
| And so the other thing I was kind of hearing is you're almost treating the boat ramp as a separate thing. | 00:51:38 | |
| Sorry, but you're only allowed to speak once. They'll have to ref. | 00:51:43 | |
| No. | 00:51:48 | |
| You're only allowed to speak once as a. | 00:51:52 | |
| But if you want to explain what he's saying, you can. Yeah, the boat ramp, you know, like I had stated, the boat ramp was there | 00:51:56 | |
| and you know. | 00:52:00 | |
| We could get. | 00:52:04 | |
| That wasn't something that I even saw on the. | 00:52:06 | |
| As a problem in any of the paperwork. Didn't know about any of that till just now. | 00:52:08 | |
| But so we haven't, we haven't addressed that because an issue because they didn't know it was an issue. | 00:52:13 | |
| It's not in any of this. | 00:52:18 | |
| Board members, do you have any questions of the applicant? | 00:52:21 | |
| Andy, can you speak to what he was talking about this? I mean, I don't know if that's relevant or not. This place that he says is. | 00:52:30 | |
| Built 25 feet from the water. I mean. My guess is probably in the city. | 00:52:36 | |
| It is in the city. | 00:52:41 | |
| OK, that's fine. That's why we have no jurisdiction within the city, so. | 00:52:42 | |
| Same county, same lake is I I don't I guess I don't understand if that municipality that yeah. | 00:52:46 | |
| There's different rules for cities in for. | 00:52:52 | |
| That explains that. Otherwise it would have came to us. That's why. | 00:52:54 | |
| I just want to be treated fairly. | 00:53:01 | |
| Yeah. | 00:53:03 | |
| And I would hope you guys would respect that, yeah. | 00:53:04 | |
| Would there be? | 00:53:09 | |
| Pictures on county GIS. | 00:53:10 | |
| Couldn't see anything. You just you just can't tell. | 00:53:13 | |
| Give me a look up there. | 00:53:15 | |
| Yeah, on that one. But you? | 00:53:17 | |
| If you go on the GIS, it goes back to, yeah, Bryce, terrible on that Earth, would go back. | 00:53:19 | |
| Almost 30 years. | 00:53:25 | |
| Yep, and. | 00:53:26 | |
| Dale from the DNR did the same thing and. | 00:53:28 | |
| They can't tell just too many trees. There is one picture you can kind of make out the the fire pit. | 00:53:30 | |
| Area the patio. | 00:53:38 | |
| Vaguely, but it's it's not enough that I could. I didn't feel like I know it's there. I can tell it's there. This is a spot. | 00:53:40 | |
| But it's so vague, so overgrown. It's be. | 00:53:47 | |
| I hard to say, hard for you guys to just go, OK. | 00:53:51 | |
| Is that that are a trample? | 00:53:55 | |
| You know, that kind of thing. | 00:53:57 | |
| Andy this. | 00:54:02 | |
| Conditioned with the boat ramp, you know, which obviously we didn't know about before the night either. I mean, is there? | 00:54:03 | |
| It's a. | 00:54:09 | |
| I guess what would the? | 00:54:13 | |
| DNR do. | 00:54:15 | |
| That I mean if. | 00:54:18 | |
| Would they come in, I mean. | 00:54:20 | |
| Would be better off laying this over and having them correct that issue first or what's? | 00:54:22 | |
| I would assume it's just a chapter 30 permit. | 00:54:28 | |
| Which? | 00:54:32 | |
| I don't know. | 00:54:34 | |
| The like. | 00:54:35 | |
| Positive. You know the likelihood of that. | 00:54:36 | |
| Happening. I don't know. | 00:54:39 | |
| I if they can. | 00:54:44 | |
| Again. | 00:54:45 | |
| I think that would be a little easier to see on the on the aerial than. | 00:54:46 | |
| A retaining wall or a fire pit, but. | 00:54:51 | |
| It's just to the left of where the pier goes out. Yeah, kind of make up. | 00:54:52 | |
| A little bit in there. | 00:54:57 | |
| I don't know how they would handle that. | 00:55:01 | |
| I just, you know. | 00:55:05 | |
| That looks like it's been there for years and years and years. | 00:55:08 | |
| It ain't just been put in. | 00:55:11 | |
| Any other questions of the? | 00:55:16 | |
| Would you like to make a final statement for the record? | 00:55:24 | |
| Yeah, yeah, I guess. | 00:55:27 | |
| Just to reiterate, I mean we. | 00:55:29 | |
| We moved in, we fix up this property in every every way possible. And there was. | 00:55:31 | |
| There's a lot of concerns with the shoreline and. | 00:55:36 | |
| Like Chuck had said, you know there every time it rained. | 00:55:39 | |
| Basically going down the boat ramp. | 00:55:43 | |
| Just, you know, whatever, whatever, it all ran down that way and it was a roading back and that's. | 00:55:46 | |
| Why these big? | 00:55:51 | |
| Concrete. | 00:55:52 | |
| Pads were placed out there. | 00:55:53 | |
| I mean between the, you know, we took away Cree assault from. | 00:55:56 | |
| From, you know, entering the water we took away. | 00:55:59 | |
| The, you know, any runoff. | 00:56:02 | |
| Happening. | 00:56:04 | |
| We solve that problem. | 00:56:05 | |
| We got rid of all the broken bottles and stuff along the shoreline. We cleaned out all the concrete, cinder block bricks, the | 00:56:07 | |
| hodgepodge of stuff. | 00:56:11 | |
| Everything we did was an improvement. | 00:56:16 | |
| To the neighborhood, to the shoreline, there's nothing. | 00:56:18 | |
| That we did that has any harm to the lake. | 00:56:23 | |
| And especially anymore harm than. | 00:56:26 | |
| Condom. | 00:56:28 | |
| Being built. | 00:56:29 | |
| You know, it's, it's the same lake, it's. | 00:56:30 | |
| If ours is going to harm the lake, the condos gonna harm the lake. And I know that's nothing to your jurisdiction, but I think you | 00:56:33 | |
| can all understand why. | 00:56:36 | |
| I would want to be treated fairly. | 00:56:40 | |
| The only thing I'd like to add is that if you do deny. | 00:56:43 | |
| Can we ask some sort of grace period to figure things out? Because. | 00:56:46 | |
| As Doug mentioned, umm. | 00:56:49 | |
| As of two weeks ago, I don't have a job anymore. It's a federal employee. | 00:56:51 | |
| So. | 00:56:54 | |
| I don't really have money right now to. | 00:56:55 | |
| Tear something out and figure out how to. | 00:56:57 | |
| Put it back in so if there was a grace. | 00:56:59 | |
| And we need some direction on what, what are we, what are we to do with it, you know? | 00:57:02 | |
| I don't know what we do. | 00:57:06 | |
| I'm not sure even what. | 00:57:08 | |
| What's allowable now? | 00:57:09 | |
| But I hope we just get this. | 00:57:13 | |
| You know, fair treatment. We, we certainly can give you a amount of time if that's the decision. | 00:57:15 | |
| And then we will work with us and and then land conservation, you know, with any assistance we can give with. | 00:57:22 | |
| Technical. | 00:57:30 | |
| And if you need more time, so we get their other neighbor to come in and you know. | 00:57:32 | |
| Hear his testimony. I mean I have the letters if you want them that were submitted with the packet. | 00:57:35 | |
| I can give you my copies of them. I have them if you'd like me to read them in, I definitely can. | 00:57:40 | |
| So how many letters were there again? Three. We had four. | 00:57:47 | |
| Foresight that two and two on each side wrote us letters. | 00:57:50 | |
| But a couple of those people were here also, right? There's just. | 00:57:54 | |
| Ones in California right now that would be repetitive, I mean, for the ones that were already here, so. | 00:57:58 | |
| Yeah, Mark. | 00:58:03 | |
| Mark Kirby and William Holt. William White. | 00:58:05 | |
| Hope OK. | 00:58:08 | |
| I will read those. | 00:58:10 | |
| To whom it may concern, I brought my. | 00:58:13 | |
| Bought my property at W 10322 Sunny Point Rd. in September of 2017. | 00:58:15 | |
| I'm $2.00 down from Doug. | 00:58:20 | |
| The previous owner of Doug's property had a patio fire pit that was. | 00:58:22 | |
| Grown over with the weeds and broken pavers. | 00:58:26 | |
| There are the. | 00:58:29 | |
| The area looked terrible. It was an eyesore. | 00:58:31 | |
| Doug did a beautiful job of cleaning up and replacing the eyesore with a lovely fire pit in the same spot. | 00:58:34 | |
| Mark Durgey. | 00:58:40 | |
| To whom it may concern, I am the current owner. | 00:58:42 | |
| Of the property at W 103 to 6 Sunny Point Rd. I've known the property at 103. | 00:58:45 | |
| 30 Sunny Point Rd. for over. | 00:58:52 | |
| 30 years. The current owner, Doug Venegue. | 00:58:55 | |
| Has made vast improvements to the house and the property, including. | 00:58:58 | |
| Replacing an existing fire pit which was overgrown, crumbling. | 00:59:02 | |
| And in severe state of disrepair. | 00:59:06 | |
| As his immediate neighbor, the whole I wholeheartedly support. | 00:59:09 | |
| And endorsed the changes made to Doug's property, including the fire pit. | 00:59:13 | |
| You should have. Should you have any questions or wish to contact me regarding this matter, I can be reached at. | 00:59:18 | |
| Phone number, e-mail. | 00:59:24 | |
| William. | 00:59:26 | |
| Hoft W10326 Sunny Point Rd. | 00:59:27 | |
| Beaver Dam, WI. | 00:59:31 | |
| Those two were both talking about the fire pit. | 00:59:34 | |
| It wasn't until it just the last we've had correspondence going back and forth to the county. | 00:59:37 | |
| It first started off talking about our driveway and fire pit. Then it talked about dancing, not having. | 00:59:41 | |
| Silt fence and we got the silt fence up and then next correspondence, the driveway. I don't even know what the issue with the | 00:59:49 | |
| driveway was that that disappeared and then it's just about the fire pit. Everything was about the fire pit until the last | 00:59:53 | |
| correspondence which. | 00:59:57 | |
| Then said, you know the retention. | 01:00:01 | |
| So we didn't. | 01:00:03 | |
| These are letters were. | 01:00:05 | |
| Submitted before we get the notice that we had an additional problem that wasn't even being. | 01:00:07 | |
| Question before. | 01:00:12 | |
| That came out. | 01:00:14 | |
| Very recently so. | 01:00:15 | |
| You know, I know Bill would like to be able to talk about. | 01:00:19 | |
| The other is the other stuff, if that was necessary. | 01:00:21 | |
| But at the time, we were only addressing the fire pit because that's all that was questioned. | 01:00:26 | |
| It wasn't, what, September or something? | 01:00:30 | |
| Is like September that all of a sudden we get this other notice that the another. | 01:00:32 | |
| Now the retaining wall and the RIP rap and and those other issues are. | 01:00:37 | |
| Are there in? | 01:00:41 | |
| That was all. | 01:00:42 | |
| After we. | 01:00:43 | |
| You know got received submitted the letters about the fire pit so we. | 01:00:44 | |
| Didn't ask for other letters for that because we thought everybody's gonna be able to be present. | 01:00:48 | |
| Like I said. | 01:00:52 | |
| Mark Dirty ended up, he's in California right now and. | 01:00:53 | |
| Bill. | 01:00:57 | |
| With his wife in the hospital so he wasn't able to be here. | 01:00:58 | |
| Yeah. Thank you. | 01:01:04 | |
| And I'm prepared to close the hearing portion of this. | 01:01:06 | |
| Application in. | 01:01:10 | |
| We'll go to conclusions of the law. | 01:01:12 | |
| Are based on the facts presented in the application at the public hearing, the Board concludes that. | 01:01:16 | |
| The appellants request to section 6.1 of the County Shoreland Protection Ordinance. | 01:01:23 | |
| They refer to the set back for structures to the ordinary higher watermark. | 01:01:29 | |
| Yes, yes. | 01:01:33 | |
| This by the way is for the fire pit only at this on this. | 01:01:35 | |
| Is there a physical limitation that is unique to this property that prevents the appellant from complying with the ordinary high | 01:01:40 | |
| watermark set back provisions of the ordinance? | 01:01:44 | |
| I would imagine if you moved it all the way up would be too close. | 01:01:50 | |
| Is the ordinary high watermark set back provisions, the ordinance, unnecessarily burdensome in this case? | 01:02:09 | |
| Thereby creating a hardship. | 01:02:14 | |
| The same answer I guess is for the last, but it is. It is what it is. I mean it. | 01:02:22 | |
| And you know, we've had. | 01:02:28 | |
| It wouldn't be allowed if it was new. | 01:02:30 | |
| That's. | 01:02:32 | |
| It was replacements existing, so it's a replacement. | 01:02:35 | |
| Yeah, yeah. | 01:02:39 | |
| Does the appellant have other options available to complete? | 01:02:45 | |
| This project in compliance with the ordinance. | 01:02:48 | |
| Not really. Not really, no. | 01:02:51 | |
| What hardship exists of variances is design is denied. | 01:02:54 | |
| After we moved up iron, but. | 01:02:59 | |
| Right. | 01:03:02 | |
| Are the projects harmful in any way to the public's interest? | 01:03:10 | |
| Neighbor said no. | 01:03:14 | |
| Does the board have sufficient information to make a decision on this request? | 01:03:29 | |
| Yes, yes. | 01:03:33 | |
| Does the Board believe the appellants variance request to the ordinary high watermark set back provisions? | 01:03:39 | |
| Of the ordinance meet the criteria that is necessary in order to grant the area variance requests. | 01:03:44 | |
| Again, keep in mind this is only for the fire pit. | 01:03:50 | |
| Yep. Yes, yes. | 01:03:55 | |
| The board can make the findings necessary in order to grant the variance request in this case or any conditions for approval. | 01:03:58 | |
| Necessary in this case to mitigate any potential adverse impacts of result from this project. | 01:04:04 | |
| No. | 01:04:13 | |
| It's up to you. | 01:04:19 | |
| So then I'm looking for a motion to either approve or deny the variance. | 01:04:24 | |
| To the high watermark set back requirements of the code. | 01:04:28 | |
| Based on the testimony, the neighbors I. | 01:04:34 | |
| Feel it is replacing replacing an existing 1, so I'll make a motion to approve the. | 01:04:36 | |
| The request. | 01:04:42 | |
| If my tongue works for the fire pit. | 01:04:44 | |
| I'll second these seconds. There's any discussion? | 01:04:48 | |
| Any discussion? | 01:04:54 | |
| Are there no codes? | 01:05:02 | |
| Call the roll for. | 01:05:04 | |
| Mark yes. | 01:05:05 | |
| Gun, yes. | 01:05:07 | |
| Russell yes. | 01:05:09 | |
| Rodney. | 01:05:10 | |
| And myself, I'll vote yes too. | 01:05:12 | |
| Results are the five. | 01:05:15 | |
| Yes. Is it no nose? | 01:05:17 | |
| So the ordinances passed. | 01:05:20 | |
| As we, as proposed, area variances opposed. | 01:05:23 | |
| You know, for the retaining wall. | 01:05:34 | |
| Based on effects presented in the application at the public hearing, the Board concludes that. | 01:05:37 | |
| The appellants request to section 6.1 of the Country Counties Shoreline Protection Ordinance to refer to the setback for | 01:05:42 | |
| structures. | 01:05:46 | |
| The ordinary high watermark. | 01:05:49 | |
| Yes it does. | 01:05:51 | |
| Is there a physical limitation is unique. This property prevents the appellant from complying with the ordinary high watermark set | 01:05:55 | |
| back. | 01:05:58 | |
| Provisions of the ordinance. | 01:06:01 | |
| I don't under. I mean if it's going to be retaining wall, it's all it's going to be. | 01:06:04 | |
| It's gonna be in the water. It's gonna be in the water and I don't understand the question. | 01:06:08 | |
| Right, I agree. | 01:06:13 | |
| I mean it. | 01:06:15 | |
| He's preventing erosion. | 01:06:16 | |
| Yeah, I get. | 01:06:18 | |
| I mean. | 01:06:20 | |
| I'm not. | 01:06:22 | |
| Challenges or anything, I don't, I can't say that. | 01:06:24 | |
| It's being it's doing better or not, but obviously it doesn't. | 01:06:27 | |
| There's no way you can comply with the ordinary high watermark with putting up a. | 01:06:30 | |
| A retaining wall. It just doesn't. The two don't go together. | 01:06:35 | |
| Is there an explanation from the county side on that as to how that would work if you were doing? | 01:06:40 | |
| We're really not. | 01:06:45 | |
| Fighting the retaining wall is the permit is what you're looking at, right? | 01:06:46 | |
| Well, it's the lack of proof of. | 01:06:50 | |
| Replacing an existing non conforming structure. | 01:06:53 | |
| And the lack of permit. | 01:06:56 | |
| And the black community talked about that day on site. | 01:06:59 | |
| We can add RIP rap to anything and keep increasing the size. | 01:07:04 | |
| No, you can't. You can't There's there's certain limits to distance and and and fill depths of of regret. | 01:07:07 | |
| OK. | 01:07:14 | |
| So is the ordinary high watermark set back? | 01:07:18 | |
| Because unnecessarily burdensome. | 01:07:20 | |
| For the wall, yeah. | 01:07:24 | |
| Does the appellant have other options to complete these projects in compliance with the ordinance? No. | 01:07:28 | |
| Be easier if he had. | 01:07:36 | |
| We've got. | 01:07:39 | |
| Testimony. | 01:07:40 | |
| Saying we had one picture. | 01:07:41 | |
| Yeah, we've got one picture, I mean. | 01:07:43 | |
| I understand obviously on both sides there's no. | 01:07:46 | |
| Proof either way. | 01:07:50 | |
| All right, what hardship exists the variances denied? | 01:07:51 | |
| Are you going to have to remove? | 01:07:57 | |
| The Wall. | 01:08:00 | |
| Leonard be more erosion No2. | 01:08:01 | |
| Correct. | 01:08:03 | |
| Just by removal lobby, which would. | 01:08:04 | |
| Increase erosion. | 01:08:07 | |
| The projects harmful anyway, the public's interest. | 01:08:14 | |
| Not from the testimony we got. | 01:08:17 | |
| The DNR though though does make a. | 01:08:19 | |
| Point at that that, you know, maybe. | 01:08:23 | |
| Something could have been done. | 01:08:29 | |
| Differently with them. | 01:08:30 | |
| I think he needs to go back to the DNR and get the boat. | 01:08:32 | |
| Ramp thing handled. | 01:08:36 | |
| Before the rest of this can actually be. | 01:08:38 | |
| That's why. That's why I asked the question before. I mean, if that's gonna. | 01:08:43 | |
| Put a kibosh, I mean. | 01:08:46 | |
| Kibosh on the whole thing I. | 01:08:48 | |
| You know. | 01:08:51 | |
| But that's not our problem I guess. | 01:08:53 | |
| No, right? | 01:08:55 | |
| Does the board have instrument sufficient information to make a decision? Yes, we do. | 01:08:56 | |
| Or could we go back to? | 01:09:01 | |
| Yeah. So please and put in there. | 01:09:03 | |
| Testimony from several neighbors regarding. | 01:09:06 | |
| I'm not sure which one. | 01:09:10 | |
| I've got have other options with hardships. Where did I put the testimony? | 01:09:12 | |
| Well, because. | 01:09:19 | |
| I guess we're going to raise it if we approve it. | 01:09:21 | |
| We're basically on testimony. | 01:09:24 | |
| Replacement of existing. | 01:09:26 | |
| And we had testimony of several. | 01:09:29 | |
| Neighbors that yes, it was there before. | 01:09:31 | |
| OK. | 01:09:40 | |
| Structure was existing. | 01:09:45 | |
| Based on. | 01:09:49 | |
| Testimony. Umm. | 01:09:52 | |
| Of neighbors. | 01:09:59 | |
| All right, Does the Board believe the appellants variance request to the ordinary high watermark set back provisions the ordinance | 01:10:05 | |
| meet the criteria necessary in order to grant the area variance request? | 01:10:10 | |
| Please. | 01:10:24 | |
| Yeah, if it. | 01:10:27 | |
| If, well, it's. | 01:10:28 | |
| It's it's based on. | 01:10:30 | |
| The effect that it wasn't just there was something existing, something there, yeah. | 01:10:32 | |
| There was something there. | 01:10:37 | |
| If the board can make findings necessary in order to grant the variance request in this case, or any conditions or approval. | 01:10:47 | |
| Necessary in this case to mitigate any potential adverse impacts. | 01:10:52 | |
| I would say we had the DNR. | 01:10:56 | |
| On the boat because we're now dealing with the wall that has come up around the boat. | 01:10:59 | |
| Launch area. | 01:11:02 | |
| Permit from the DNR for is it both rampant? | 01:11:09 | |
| Yeah, pursuant to to Wisconsin statute 30, we need a DNR. | 01:11:16 | |
| Permit on that one, right? | 01:11:22 | |
| That's how I want to work. | 01:11:23 | |
| But that was there before too, wasn't it? | 01:11:30 | |
| Yes, see in the picture. | 01:11:33 | |
| Yeah, yeah. But. | 01:11:35 | |
| We can't give that permit, we can't give that, We can't give that permission to build that part. | 01:11:37 | |
| As much as we'd like to. | 01:11:42 | |
| I'll make a motion that we approve the variance request with the stipulation that they contact DNR and get this. | 01:11:50 | |
| Statute 30. | 01:11:57 | |
| Issue. | 01:11:59 | |
| Taken care of. | 01:12:00 | |
| For the ramp? | 01:12:02 | |
| That's the statute. 30 years, yeah. | 01:12:03 | |
| Just want to mention that, you know. | 01:12:06 | |
| Is there a second? | 01:12:09 | |
| I will. | 01:12:10 | |
| Mark settings it. | 01:12:12 | |
| Any discussion? | 01:12:16 | |
| Any discussion on this? | 01:12:20 | |
| Well, I think it's basically. | 01:12:26 | |
| You know that there. | 01:12:28 | |
| Replacing something that was there before. | 01:12:29 | |
| You know, we don't have pictures, but we had testimony and. | 01:12:32 | |
| If we can't listen to testimony, why should we have the hearing? Huh. | 01:12:35 | |
| OK, I'm ready to call the vote. | 01:12:42 | |
| Mark. | 01:12:43 | |
| Done. Yes. | 01:12:45 | |
| Russell yes. | 01:12:47 | |
| Rodney. | 01:12:49 | |
| And myself is yes the. | 01:12:51 | |
| Vote is 5 to 0 for yes. | 01:12:53 | |
| To approve the. | 01:12:56 | |
| Motion is period to approve. | 01:12:57 | |
| So the. | 01:12:59 | |
| Apparently on the basis of the above findings. | 01:13:01 | |
| In fact, we added the variance request as proposed and the land use administrators erected the issue of land use permit occurring | 01:13:04 | |
| to the decision. | 01:13:09 | |
| Put on your little regarded to comply with the DNR setting. | 01:13:13 | |
| That's a Commission that was added to it. | 01:13:20 | |
| I don't like this one. | 01:13:27 | |
| OK, I guess that's it. | 01:13:37 | |
| Thank you. | 01:13:39 | |
| You're not in the woods yet. They got to deal with the. | 01:13:41 | |
| No, no. | 01:13:51 | |
| That makes perfect sense. | 01:13:54 | |
| I'll just touch that I can't shake so just. | 01:14:02 | |
| There you go. Thank you. That's my caregiver, my driver tonight also. | 01:14:04 | |
| Thank you very much. | 01:14:11 | |
| We have. | 01:14:13 | |
| Two on the docket for next month. | 01:14:14 | |
| One in Burnett, one in Vox Lake. | 01:14:18 | |
| Oh, can you get them fuller yet? | 01:14:21 | |
| You're getting better. | 01:14:23 | |
| That's Bryce got lost going the climate last month so. | 01:14:26 | |
| We'll I'll meet you here then. | 01:14:30 | |
| Because you know both of them you'll be going from yeah, you won't be coming my direction. So. | 01:14:33 | |
| Will be here in the parking lot, OK. | 01:14:38 | |
| But I got my handicap van now so I could realize. | 01:14:40 | |
| So we get strapped. | 01:14:43 | |
| If you're. | 01:14:45 | |
| Big to break. Break the big guy along. We could strap him to the roof. There's a carrier on tops. Yeah. | 01:14:46 | |
| Not all Brice. | 01:14:53 | |
| Right Rice. | 01:14:55 | |
| So you're putting Bill on time? No? | 01:14:56 | |
| Do we get anything back from Springbrook yet or is that completely done now or what's? I haven't heard anything on that while. | 01:14:59 | |
| I thought that's where he was telling us we're gonna go on Burnett. | 01:15:06 | |
| No, I don't think he's gonna. I don't think he's gonna go there on his own. | 01:15:11 | |
| All right. Should we adjourn? | 01:15:15 | |
| I so move to adjourn second. | 01:15:19 | |
| Motion is made to adjourn. All in favor say aye. | 01:15:21 | |
| Opposed motion is carried. The meeting is adjourned. | 01:15:26 |