Meeting: Board of Adjustment Meeting

Bookmarks
Transcript
Share
Favorites

Transcript search

Transcript

Event transcript
	Meeting of the Dodge County Board of Adjustment is hereby called to order.	00:00:03
	Roll call Mark Osbor.	00:00:06
	Here here.	00:00:08
	Russell Cuties here. Madden adjustment here.	00:00:10
	Itself here very Bishop and Brad pupils excused.	00:00:13
	A quorum is present.	00:00:18
	As many county board members here that are not on the committee.	00:00:20
	I don't see any OK.	00:00:24
	The staff confirmed compliance with the open meeting law and public hearing.	00:00:30
	Yes, Sir.	00:00:33
	Any changes to the agenda?	00:00:35
	No.	00:00:38
	OK, we have two sets of minutes to approve.	00:00:40
	Review the minutes from June 19th. What's your.	00:00:42
	3rd on the June 19th ones.	00:00:46
	Also moved to approve June 19th. I'll second.	00:00:48
	Any discussion?	00:00:51
	Hearing all in favor say aye.	00:00:53
	Aye, opposed. Motion carried.	00:00:55
	And we have the minutes from July 10th.	00:00:57
	I'll move to approve.	00:01:01
	2nd.	00:01:03
	Any discussion?	00:01:05
	Hearing none all in favor say aye.	00:01:08
	Aye, opposed motion is carried. Minutes approach.	00:01:10
	The staff please read the hearing procedure for tonight's hearings.	00:01:14
	Certainly we are meeting today to hear the request for modification of the Dodge County land use code. We have a series of two	00:01:18
	public hearings tonight.	00:01:22
	And the procedure for these.	00:01:26
	Hearings will be as follows. The chairman of the.	00:01:27
	Port of Adjustment will read the public hearing notice, after which a staff member in the Dodge County Land Resources and Parks	00:01:30
	Department will read a report that has been prepared by.	00:01:35
	The county staff regarding the request.	00:01:39
	Before the board following the staff report.	00:01:41
	The appellant or their agent will be asked to come before the board.	00:01:44
	The appellant will be asked to state their name.	00:01:48
	For the record, and they may present their case to the Board.	00:01:51
	Or add any additional information.	00:01:54
	To the record.	00:01:56
	Those in attendance wishing to speak in favor or opposition.	00:01:58
	Can come before the board and speak.	00:02:01
	If you wish to speak, you will be.	00:02:03
	Asked to step up to the microphone.	00:02:05
	Which is located in the center of the room and states your name and address for the record and to state your position regarding	00:02:07
	the request before the board.	00:02:11
	Please address your comments and questions to the board and not to the.	00:02:16
	You only only be allowed to speak once, so please be prepared to present.	00:02:20
	All of your concerns and questions to the board when you speak.	00:02:25
	All those intendants.	00:02:29
	After those.	00:02:31
	In attendance have spoken, written.	00:02:32
	Correspondence has been received by the Board.	00:02:36
	Or, which has been collected by the board during the on site visits will then be read into the record.	00:02:39
	The board will have an opportunity to ask the appellant any questions.	00:02:44
	The following the Board's questions, the appellant will be allowed to give a final statement for the record.	00:02:48
	After receiving all of the testimony, the board will.	00:02:53
	Then deliberate, it will make a decision to grant.	00:02:56
	Granted part or deny the variance request.	00:03:00
	And if approved.	00:03:03
	They may place conditions on the approval.	00:03:04
	If they feel it necessary to address or mitigate any potential adverse impacts.	00:03:07
	The proposal may have on the adjacent properties.	00:03:12
	Or the community. If the variance is approved, staff will be directed to issue a land use permit incorporating.	00:03:15
	Those conditions approved by the Board. Any person or persons agreed by any decision of the Board.	00:03:22
	Adjustment may present.	00:03:28
	To the court of record.	00:03:30
	A petition duly verified setting forth.	00:03:32
	That such decision is illegal and specifying the grounds.	00:03:35
	Of the illegality. Such petitions shall be presented to the Circuit Court.	00:03:39
	In this county within 30 days after the filing of the decision.	00:03:43
	In the office of the Board of Adjustment, the county assumes no liability.	00:03:48
	For and makes no warranty.	00:03:52
	As to the reliance on any decision if construction is commenced.	00:03:54
	Prior to the expiration date.	00:03:58
	Of this 30 day period.	00:03:59
	If during this meeting, procedural questions.	00:04:02
	Or other points of order arise.	00:04:04
	The final decision.	00:04:06
	Of this board may be postponed until more information is gathered.	00:04:08
	Considered and properly acted upon.	00:04:12
	Notice here by giving that a public hearing will be held by the Dodge County Board of Adjustment.	00:04:26
	On Thursday, July 17th at 2025.	00:04:31
	At 7:00 PM or shortly thereafter.	00:04:34
	On the first floor of the Dodge County Administration Building.	00:04:37
	Tuna, Wisconsin. On the Appeal of Rodney and Rosalind Weiss.	00:04:40
	Living Trust dated October 12/20/22.	00:04:44
	For variance to the terms of the ordinary high watermark, set back and.	00:04:47
	The impervious service provisions of the Dodge County Shoreland Protection Ordinance.	00:04:52
	To allow a debtor would not be those standards.	00:04:56
	These requests are requests to variance to subsection 6.2 and 9.4.	00:05:00
	Of the Dodge County Shoreland Protection Ordinance.	00:05:06
	Property lock location lot to CSM 6465 being not.	00:05:09
	47 Howards first addition to Lake Grove and.	00:05:15
	Part of GL 2 NE quarter SE quarter section 21.	00:05:18
	Town of Fox.	00:05:23
	Dodge County, Wisconsin, the site address being.	00:05:26
	In Excuse me.	00:05:29
	Site address being in.	00:05:34
	10634 Howard Drive.	00:05:36
	A copy the proposed petition is available for review.	00:05:40
	In the Land, County, Land Resource and Parks Department between the hours of.	00:05:43
	8:00 AM and 4:30 PM, Monday through Friday.	00:05:47
	Whole person's interests are invited to attend and be heard.	00:05:51
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:54
	At 127 E Oak St. Juneau, WI or by e-mail no later than July 16th, 2025.	00:05:59
	County Board of Adjustment by William House, chairman.	00:06:06
	Anyway, please read the staff report. Certainly.	00:06:10
	County jurisdiction.	00:06:13
	County South jurisdiction over This site is the Town of Fox Lake Falls under the county's Land Use code.	00:06:15
	And shoreline protection ordinance.	00:06:20
	Subsection 14.7.	00:06:22
	Parent one through 14.	00:06:25
	.7 parents six of the Dodge County Charlotte protection.	00:06:27
	Ordinance list. Procedural matters.	00:06:30
	And the approval criteria for the variance process. The board shall hold a public hearing on each variance.	00:06:33
	Application.	00:06:38
	Following the Public Hearing Act to approve approve with conditions.	00:06:39
	Or deny the variance based upon the criteria of section 14.7. Parents 6.	00:06:43
	The appellant request.	00:06:49
	Application for a variance requests.	00:06:51
	Were submitted.	00:06:54
	By the applicant on June 11th, 2025.	00:06:55
	For requests of the terms of the ordinary high watermark.	00:06:58
	Set back and the impervious surface provisions of the Dodge County Shoreline Protection ordinance the.	00:07:01
	To allow a deck that is 14 feet.	00:07:06
	By 19.5 feet.	00:07:09
	That does not meet those standards. As proposed, the project will be 40.1 feet from the ordinary high watermark of Fox Lake.	00:07:11
	Or 17.85 feet within the required set back.	00:07:19
	Thus prohibited by the code.	00:07:22
	Also proposed.	00:07:25
	Also, as proposed, the impervious surface.	00:07:26
	Coverage will increase from 46.75.	00:07:29
	Percent to 49.81%.	00:07:32
	Or 3.06.	00:07:35
	Percent greater than allowed.	00:07:37
	These are requests for variances to subsections 6.2 and 9.4 of the Dodge County Store and Protection Ordinance.	00:07:39
	Features The county has jurisdiction over the.	00:07:47
	As the site is located within 1000 feet of the ordinary high watermark of a navigable Wat.	00:07:52
	Waterway, Fox Lake.	00:07:58
	The property is currently.	00:08:00
	Being used for residential use.	00:08:02
	The physical features of this.	00:08:04
	2.05 acre.	00:08:06
	Lot includes sloping topography with slopes ranging from.	00:08:07
	Zero to 25%. The parcel contains the residents and associated accessory structures.	00:08:11
	The current impervious surface.	00:08:17
	Surfaces on this property.	00:08:19
	Our 4175 square feet.	00:08:21
	Or 46.75%.	00:08:24
	The proposed impervious surfaces on this property.	00:08:27
	Our 4000.	00:08:30
	448 square feet or 49.81%.	00:08:32
	This property is.	00:08:36
	Considered to be a highly developed shoreline.	00:08:38
	Under section 9.4.	00:08:40
	Of the Dodge County Shoreland Protection Ordinance.	00:08:43
	And is permitted up to 30% impervious surfaces without mitigation and up to 40% with mitigation per subsection 9.5 parent two of	00:08:46
	the Dodge County Shoreline Protection Ordinance.	00:08:52
	The general character of the surrounding land.	00:08:58
	Use consists of single family residences to the North and South, while an agricultural field is.	00:09:01
	Located West of Howard at Howard Drive.	00:09:07
	Per Section 16.2 of the Dodge County Shoreland Protection Ordinance, a deck is defined as a structure.	00:09:10
	The set back average for a primary structure per Section 6.2 of the Dodge County Shoreland Protection Ordinance.	00:09:18
	Is 57.95 feet from the ordinary high watermark.	00:09:26
	The residents on this property is currently 54.1%.	00:09:30
	Feet from the ordinary high watermark.	00:09:35
	On April 16th.	00:09:38
	2025 An application for a county land use permit.	00:09:40
	Was made by the appellant.	00:09:44
	To construct a deck.	00:09:46
	On the east side of the residence.	00:09:47
	The permit was withheld on April 24th.	00:09:49
	2025 as no impervious surface worksheet was.	00:09:52
	Provided.	00:09:55
	An on site inspection was conducted on May 22nd, 2025.	00:09:56
	Following further review and additional correspondence between staff and the applicant.	00:10:01
	The land use permit was denied on June 16th, 2025.	00:10:06
	A variance application was submitted.	00:10:10
	To this department prior to the permit denial.	00:10:12
	On June 11th, 2025.	00:10:15
	Applicable ordinance provisions in this case.	00:10:19
	Section 6.1 of the Shorelands shoreline set back within.	00:10:22
	Dodge County Shoreline Protection Ordinance, unless exempt, a set back of 75 feet from the ordinary high watermark of any	00:10:26
	navigable waters.	00:10:31
	To the nearest part of the.	00:10:35
	A building.	00:10:37
	Or structure shall be required.	00:10:38
	For all buildings and structures.	00:10:40
	Section 6.2 Reduced principal size structure set back.	00:10:42
	Within Dodge County Shoreline Protection Ordinance.	00:10:47
	This provision allows for an average of the two neighboring principal structures to be utilized to provide a reduced.	00:10:50
	Set back to the ordinary high watermark.	00:10:56
	Subsections 9.5, parent 2.	00:10:59
	Maximum impervious surfaces for highly developed shorelines.	00:11:03
	Within the Dodge County Shoreline Protection Ordinance, this provision allows for a property to reach up to 30% without mitigation	00:11:06
	and up to 40% with mitigation.	00:11:11
	Section 9.6.	00:11:18
	Treated impervious surfaces.	00:11:20
	Within the Dodge County Shoreland protection ordinance, this provision.	00:11:22
	States that the impervious surfaces.	00:11:25
	That can be documented to show that they are meeting.	00:11:28
	Any of the requirements under this section shall be excluded.	00:11:31
	From the impervious surface calculations.	00:11:35
	Section 9.7. Existing impervious services.	00:11:38
	Within the Dodge County Shoreline protection Ordinance, this provision allows.	00:11:42
	For the relocation or modification of an existing impervious surfaces.	00:11:45
	With similar or different impervious surfaces.	00:11:50
	Provided the relocation or modification does not result in an increase.	00:11:53
	Of the.	00:11:57
	Impervious surface calculations.	00:11:58
	This permit was denied by the county land use.	00:12:00
	Administrator for the following reasons.	00:12:03
	As proposed, the deck would be.	00:12:09
	Located 40.1 feet from the ordinary high watermark of Fox Lake or 17.85 feet within the required set back and thus prohibited by.	00:12:11
	Section 6.1 and 6.2 of the Dodge County Shoreline Protection Ordinance.	00:12:19
	Additionally, the.	00:12:24
	Current impervious services on this property are.	00:12:25
	4175 square feet or.	00:12:28
	46.75.	00:12:31
	Percent were.	00:12:33
	While the proposed impervious.	00:12:35
	On this property are 40.	00:12:37
	4448 square feet or 49.81%.	00:12:39
	This property is considered to be a highly developed shoreline.	00:12:44
	Section 9.4 of the Dodge County Charlotte Protection ordinance.	00:12:47
	And isn't permitted up to 30% impervious surfaces without mitigation and up to 40.	00:12:51
	Percent.	00:12:57
	With mitigation per subsection 9.5.	00:12:58
	Parent two of the Dodge County Shoreland Protection Ordinance.	00:13:02
	According to subsection.	00:13:07
	9.5 point 2 the maximum allowed impervious surfaces.	00:13:08
	For this lot.	00:13:12
	With mitigation, our 40%.	00:13:13
	Currently the a lot exceeds the permissible impervious surfaces for a highly developed shoreline.	00:13:15
	Under Section 9.7, the property owner may maintain.	00:13:22
	This increased impervious surfaces.	00:13:26
	Provided is not fully.	00:13:29
	Further expanded.	00:13:30
	However, the proposed increase exceeds both the impervious surfaces limits set by subsection 9.5, parent 2 and the standards.	00:13:32
	In 9.7 of the Dodge County shoreland.	00:13:42
	Protection ordinance making it prohibited.	00:13:44
	This section of the ordinance main.	00:13:47
	Be met by utilizing treated impervious surfaces.	00:13:50
	Requirement listed under section 9.6.	00:13:54
	Or by relocation of the existing impervious surfaces.	00:13:57
	Under 9.7 of the Dodge County Shoreline Protection Ordinance.	00:14:00
	The appellate is requesting an area variance to section 6.1.	00:14:04
	And Section 9.4 of the Dodge County Shoreline Protection Ordinance.	00:14:08
	With no response from the town.	00:14:13
	Purpose statement the purpose of the water set back provisions of the.	00:14:16
	Code require.	00:14:20
	Is to require uniform set back distance from the water.	00:14:22
	To preserve public interest in shorelines.	00:14:25
	Navigable waterways of the state.	00:14:27
	Every property owner that has frontage on a body of water is required to comply with this uniform water set back requirement.	00:14:29
	In this case, the deck is located within the set back.	00:14:36
	And there.	00:14:40
	Prohibited by the code.	00:14:41
	The purpose of the impervious services.	00:14:43
	Of the shoreland.	00:14:46
	Ordinance is to control runoff, which can.	00:14:48
	Carries pollutants to the water of the state and to protect the navigability of water.	00:14:50
	Navigable waters and the public's right to their.	00:14:56
	They're in of degree.	00:14:59
	Degradation.	00:15:01
	And deterioration.	00:15:03
	The final impervious services would be 4448 square feet.	00:15:06
	Or 270?	00:15:10
	Three square feet above the required maximum.	00:15:11
	Impervious surfaces for this lot and thus prohibited by the code.	00:15:14
	Staff Advisory staff points out that the board does not have summary powers to ignore the ordinance.	00:15:18
	Provisions or objectives? The burden also falls on the appellant to convincingly demonstrate.	00:15:23
	The board, the little literal enforcement.	00:15:29
	Of the.	00:15:31
	Shoreline Ordinance.	00:15:33
	Certainly, protection ordinance regulations would result in an unnecessary hardship.	00:15:34
	And the hardship is due to the special conditions unique to the property and if granted.	00:15:39
	The variance would not.	00:15:44
	Be contrary to the public interest.	00:15:45
	Is important to note that the impervious service section of the 9th.	00:15:47
	Section of the land use.	00:15:51
	Permit may.	00:15:53
	Be met by utilizing treated impervious surfaces requirements.	00:15:54
	Listed under section 9.6.	00:15:58
	Or by relocation of the existing purpose.	00:16:00
	Impervious surfaces.	00:16:03
	Under Section 9.7 of the Dodge County Shoreline Protection Ordinance.	00:16:04
	Examples of these could be.	00:16:08
	Could include, but are not limited to replacement of impervious surfaces with impermeable.	00:16:10
	With permeable pavers, removal of concrete.	00:16:15
	Such as sidewalks or a portion of the driveway.	00:16:18
	Or installing an.	00:16:21
	Tracian Basin.	00:16:22
	Or installing a rain garden.	00:16:24
	It's a staff's position that the board will be unable to make the findings.	00:16:26
	Necessary.	00:16:30
	In order to grant a variance in this case, therefore, the variance request should be denied.	00:16:31
	Thank you, Andy.	00:16:39
	Will the appellant please step forward?	00:16:42
	Sneak your name for your record, please. Lou Davis.	00:16:54
	Is there any information regarding your request that you would like to add to the record at this time?	00:16:59
	Well, I guess one thing is I'm neighbor and also the contractor. I own the house that's next to it at 10638.	00:17:05
	Far as.	00:17:15
	The process I've been through the process.	00:17:16
	Knowing that.	00:17:19
	I'm the neighbor next door and dealt with the.	00:17:19
	The land and all the rules and regulations that.	00:17:22
	Come along with living on the lake.	00:17:25
	One of the questions is or a comment is is that.	00:17:28
	Through this process I know that.	00:17:32
	They take the average of the two.	00:17:35
	You know beside it, but as you look at that deal and I know unfortunately.	00:17:38
	He's not. He's not.	00:17:41
	If he was moved down one house, he would be better off on their.	00:17:43
	That was granted to do those retaining walls in that land. Where this deck is going is treated as a patio right now primarily.	00:17:47
	There on that top of that retaining wall. So that was the original.	00:17:57
	Request was to be able to.	00:18:00
	Put some kind of structure or either a imperial pavers.	00:18:02
	In that area so that they could have it more than rock.	00:18:08
	On there if a deck was not permitted.	00:18:11
	So.	00:18:13
	Thank you.	00:18:17
	There anyone in attendance that would like to speak in favor as a variance request before the board.	00:18:20
	Is there anyone in attendance that would like to speak in favor of the variance request before the board?	00:18:26
	I'm in favor.	00:18:32
	And I'm a neighbor.	00:18:33
	Is there anyone in attendance that would like to speak in favor of this variance request?	00:18:38
	Past three times it's.	00:18:43
	Is there anyone in attendance that would like to speak in opposition to the variance request before the board?	00:18:47
	Anyone in attendance that would like to speak in opposition to this variance request?	00:18:54
	Is anyone in the audience that would like to speak in opposition to this variance request before the war?	00:19:01
	Lord, do you have any questions of?	00:19:08
	Anyone.	00:19:18
	You want to read the.	00:19:27
	Read the DNR thing into the record. Will do.	00:19:29
	Certainly, please.	00:19:32
	Dear board members, the Department of Natural Resources has received.	00:19:35
	The notice of this for a July 17, 2025 public hearing.	00:19:39
	Concerning the appeal of Rodney and Rosalind Weiss, Living Trust.	00:19:43
	Dated October 12/20/22.	00:19:47
	For variances to the terms of the ordinary high watermark, set back.	00:19:51
	Any pervious surfaces of Dodge County shoreline protection ordinance.	00:19:55
	To allow a deck.	00:19:59
	That would be.	00:20:00
	Would not meet those standards.	00:20:01
	These are requests of variances 6.2.	00:20:03
	And 9.4 of the Dodge County Shoreline Protection Ordinance.	00:20:06
	Property location.	00:20:10
	To CSM 6465.	00:20:12
	Being Lot 47 of Howard's.	00:20:16
	First addition to Lake.	00:20:18
	Grove and part of Government Lot 2.	00:20:21
	Northeast quarter of Southeast quarter, Section 21.	00:20:24
	Town 13th.	00:20:27
	Range 13, Town of Fox Lake.	00:20:29
	Dodge County, Wisconsin, site address being N 106.	00:20:31
	3/4.	00:20:36
	Howard Drive the department.	00:20:37
	Is writing in response to the.	00:20:39
	County Board of Adjustments request.	00:20:41
	For an opinion from the department.	00:20:44
	Perth chapter 59.692, Parent 4.	00:20:47
	Parent B Wisconsin State statutes is allowed.	00:20:51
	By law, this letter is based.	00:20:54
	And the information provided.	00:20:56
	In the hearing notice and application submitted.	00:20:57
	Please have this rhetoric letter read.	00:21:00
	Letter delivered and read before the BOA.	00:21:04
	Per the information provided by the applicant, the department does not believe.	00:21:08
	The applicant can demonstrate meeting.	00:21:12
	The three statutory criteria.	00:21:15
	For granting a variance.	00:21:17
	The Snyder Walk.	00:21:19
	Shaw County Zoning Board of adjustment decision.	00:21:20
	Made it clear a circumstance or desire.	00:21:24
	Of the applicant is not a factor to be considered when deciding variances.	00:21:27
	Further, the Wisconsin.	00:21:32
	State.	00:21:34
	Versus Winnebago County decision.	00:21:36
	Established that economic loss or financial hardship.	00:21:39
	Do not justify A variance as the board reviews.	00:21:42
	These variance requests please keep in mind.	00:21:46
	The applicant has a burden of proving.	00:21:48
	That their requests meet all the statutory requirements for the granting.	00:21:51
	Of a variance of each variance request.	00:21:55
	That is, the applicant must prove that they will suffer unnecessary.	00:21:57
	That's their hardship if the provisions of the county.	00:22:02
	Shoreline ordinance are literally in force.	00:22:05
	Wisconsin Supreme Court has made it clear that the proof.	00:22:08
	Unnecessary hardship by itself.	00:22:12
	Does not entitle an applicant.	00:22:14
	To a variance.	00:22:16
	All three statutory variance criteria must be satisfied.	00:22:18
	In order to grant.	00:22:22
	Of each variance.	00:22:23
	It may be possible that an applicant will provide additional evidence at the hearing which may change the.	00:22:25
	Conclusions listed below.	00:22:31
	Unique physical limitations.	00:22:33
	The applicant must demonstrate that a unique physical limitation.	00:22:35
	Wetlands, steep slope streams, rock, oak croppings.	00:22:39
	Or special conditions of the property.	00:22:42
	That prevent compliance with the order ordinance, regulations, the physical.	00:22:45
	Limitations must be unique to the property.	00:22:50
	In question and not generally shared.	00:22:53
	By other properties in the area.	00:22:55
	After review of the Dodge County air photos and contours, appears that this lot does not meet.	00:22:58
	Does not, does not contain any.	00:23:04
	Unique limitations.	00:23:06
	Physical limitations and is very similar.	00:23:08
	The adjacent properties.	00:23:10
	No harm to public interest. The applicant must demonstrate that the variance will not result in harm or be contrary to the public	00:23:13
	interests.	00:23:17
	The board must consider the impact.	00:23:21
	Of the proposed.	00:23:23
	Project as well as cumulative impacts of similar projects.	00:23:25
	On the interests of the neighbors, the community and the general public.	00:23:28
	These interests are.	00:23:32
	Listed in the purpose statement.	00:23:34
	Of the ordinance and.	00:23:36
	For shoreland zoning include protection of the public health.	00:23:37
	Safety and welfare maintenance of clean water.	00:23:41
	Protection of Fish and Wildlife habitat.	00:23:43
	And preservation of natural.	00:23:46
	And scenic beauty.	00:23:48
	Scientific studies have shown when the projects.	00:23:50
	Are constructed within the water set back.	00:23:53
	There can be a environmental concern, such as change in fish species from.	00:23:57
	Game. Fish to rough fish. Loss of wildlife habitat.	00:24:02
	More runoff entering the lake without filtering.	00:24:06
	Loss of natural scenic beauty, etc.	00:24:09
	Cumulative impacts.	00:24:12
	Of the repeated projects.	00:24:13
	So close to the water bodies can multiply the impacts of the loss of habitat.	00:24:15
	This property contains multiple retaining walls, 2 sets of stairs.	00:24:20
	In a boathouse with a patio, all located within the shoreland set back.	00:24:24
	The applicant has not provided any.	00:24:29
	Providing information describing.	00:24:31
	No harm to the public interest.	00:24:33
	Unnecessary hardship. The applicant must demonstrate that if the.	00:24:35
	Variance is not granted. An unnecessary hardship exists.	00:24:39
	The applicant may not complain.	00:24:42
	Claim unnecessary hardship because of.	00:24:44
	Conditions.	00:24:47
	Which are self-imposed or created by a prior owner.	00:24:48
	For example, building a home in compliance.	00:24:51
	And then subsequently.	00:24:54
	Constructing a deck without a permit.	00:24:56
	Courts have determined that economic or.	00:24:59
	Financial hardship does not justify.	00:25:02
	When determining whether an unnecessary hardship exists, the board.	00:25:04
	Let's consider the property as a whole.	00:25:08
	Rather than just a portion of the.	00:25:11
	Parcel the denial of the deck is not.	00:25:12
	And unnecessarily.	00:25:16
	Burdensome. There is an existing patio located on top of the boathouse.	00:25:18
	Providing opportunity to enjoy the outdoors.	00:25:22
	There are options available to meet the impervious surface.	00:25:25
	Requirements such as utilizing stormwater control measures or removing.	00:25:29
	Some of the existing pervious surfaces.	00:25:33
	Please note that these comments are in regards to the shoreland zoning.	00:25:36
	Regulations only and do not reflect applicable erosion control.	00:25:40
	Waterway permitting, floodplain zoning or other department regulations.	00:25:44
	Is the responsibility of the Board of Adjustment to assure?	00:25:48
	That the statutory standards for the granting of a.	00:25:51
	A variance are met.	00:25:55
	The standards help to ensure the protection of the public interest.	00:25:56
	Including the preservation of.	00:26:00
	Water quality and fish wildlife.	00:26:02
	Habitat along lakes and rivers. Wisconsin navigable.	00:26:04
	Waterways are held in trust.	00:26:08
	For all people to enjoy the shoreland.	00:26:10
	Set back is important to protect the water quality.	00:26:12
	Natural scenic beauty and the fish.	00:26:15
	And wildlife habitat.	00:26:17
	Wisconsin's waterways.	00:26:19
	The department appreciates her.	00:26:21
	Commitment to Dodge County's water resources and protection of public interest.	00:26:23
	For future generations, sincerely.	00:26:28
	Sue Vander Langenberg.	00:26:30
	Shoreline Zoning Program coordinator.	00:26:33
	Any other correspondence, Andy?	00:26:38
	No.	00:26:40
	Does the board have any questions at this point after that?	00:26:42
	Would the appeal? Would like to make a final statement on this for the record.	00:26:48
	Well, yes, for the record, it sounds like it's not going to pass.	00:26:53
	The question is now before you do if it if you do not pass it.	00:26:56
	I'm not sure if we can discuss it after you do or you don't.	00:27:01
	Of what the abilities that they can because it's already used as a patio and if you put permeable pavers there is that acceptable?	00:27:05
	If you don't pass it as a deck, that would be a question for staff tomorrow.	00:27:14
	OK, I thought Bryce said. I could ask that here. I thought so.	00:27:19
	I would ask Price tomorrow.	00:27:22
	Then you have to go through the whole process again.	00:27:24
	Well, this permit has already been denied, so they deny the.	00:27:28
	The variance.	00:27:32
	That one.	00:27:33
	Is is finished and we'd have to start anew.	00:27:34
	OK, then I have nothing else.	00:27:37
	Thank you.	00:27:45
	Well, the public testimony.	00:27:49
	Of the hearing is now completed, I closed the hearing part.	00:27:51
	The board will now deliberate on the matter.	00:27:53
	Before the.	00:27:56
	Before them.	00:27:56
	Or the conclusions of the law.	00:27:58
	Presented.	00:28:00
	Based on the facts presented in the application and at the public hearing, the Board concludes that.	00:28:02
	The appellants request to section 9.4 of the County Shoreland Protection Ordinance.	00:28:09
	Which refers the maximum impervious surfaces.	00:28:13
	Permitted on a highly developed shoreland property.	00:28:17
	Yes.	00:28:19
	Is there a physical limitation that is unique to this property that prevents the appellant from complying?	00:28:23
	With the maximum impervious surface provisions of the ordinance.	00:28:28
	He's already he's already over the.	00:28:34
	Already exceeded, already exceeding it, so I don't know if that's a.	00:28:36
	By the existing structure.	00:28:42
	Thank you.	00:28:43
	Is the maximum impervious surface provisions of the ordinance unnecessarily burdensome in this case, thereby creating a hardship?	00:28:58
	No, no.	00:29:03
	Does the appellant have other options available to complete these projects in compliance with the ordinance?	00:29:23
	And he said there was several things they could do right sections but.	00:29:28
	If they remove some.	00:29:33
	This service impervious some concrete, some of the stuff that was there.	00:29:36
	What hardship exists the variances denied?	00:29:46
	There really isn't, no.	00:29:50
	Not a legal hardship.	00:29:51
	Are the projects harmful anyway the public's interest?	00:29:56
	According to the letter from the DNR, yes there is. I mean, yeah.	00:30:02
	You know, accumulate this, it would be.	00:30:04
	Harmful.	00:30:08
	Does the board have sufficient information to make a decision on this request?	00:30:15
	Yes.	00:30:19
	Does the Board believe that the appellants variance request on the maximum impervious surface provisions of the ordinance meet the	00:30:23
	criteria that is necessary?	00:30:27
	In order to grant the area variance.	00:30:30
	No.	00:30:33
	If the Board can make findings necessary to in order to grant the variance request in this case or any conditions of approval	00:30:37
	necessary in this case to mitigate any potential adverse impacts that result from the project.	00:30:42
	No, don't have anything.	00:30:50
	No, I don't have anything.	00:30:52
	OK.	00:30:56
	Area variance Maximum impervious surface is permitted on a highly developed shortened property.	00:30:59
	I'm looking for a motion to either approve or deny the.	00:31:04
	Variance request.	00:31:07
	I'd move to deny.	00:31:09
	I'll second it.	00:31:11
	Any discussion?	00:31:21
	And the motion?	00:31:24
	Hey, the motion is to deny.	00:31:25
	We'll call the vote mark.	00:31:28
	Yes.	00:31:29
	Gone, yes.	00:31:31
	Russell. Yes, Rodney.	00:31:32
	Yes.	00:31:34
	Myself, yes.	00:31:35
	The result of the vote is. The motion is.	00:31:41
	To deny is carried by a 5 to 0 vote.	00:31:43
	Therefore the.	00:31:47
	We have denied the variance request as proposed.	00:31:48
	Do we need to go through the 2nd afforded? Yes.	00:31:58
	So the conclusions of law based on effects.	00:32:02
	On the set, back to the ordinary high watermark.	00:32:04
	The appellant requested section 6.1 of the County Shoreline Protection Ordinance to refer to the setbacks for structures ordinary	00:32:07
	high wire mark.	00:32:11
	Correct. Yes.	00:32:15
	Is there a physical limitation that is unique to this property that prevents the appellant from complying with the ordinary high	00:32:20
	watermark set back?	00:32:23
	Provisions of the ordinance.	00:32:26
	Technically, a is already beyond the building is already to.	00:32:28
	The house is too close. Does it exist?	00:32:32
	Is urinary high watermark set back provision the ordinance unnecessarily burdensome in this case, thereby creating a hardship?	00:32:54
	No, they've already got * ** .	00:33:00
	And he was there.	00:33:03
	Does the appellant have other options available to complete these projects and compliance with the ordinances?	00:33:15
	No.	00:33:20
	Because of little.	00:33:21
	Because of the location of the.	00:33:22
	Existing building.	00:33:24
	Would have to stay in the same the same space he's got.	00:33:27
	Yeah, he can't.	00:33:30
	You know, no matter where he builds on that side, he's gonna be closer to the water.	00:33:31
	Right.	00:33:35
	Exactly.	00:33:37
	What hardship exists? The variance is denied.	00:33:38
	There is no legal hardship.	00:33:41
	Are the projects harmful in any way the public's interest?	00:33:48
	Yes, CD in our letter.	00:33:52
	According to the additional runoff and such.	00:33:55
	Does the board have sufficient information to make a decision as request?	00:33:59
	Yes.	00:34:03
	Does the Board believe the appellant request to the ordinary high watermark set back provisions? The ordinance meet the criteria	00:34:05
	that is necessary in order to grant the area of variance request.	00:34:09
	No, no.	00:34:14
	So if the board makes the findings necessary to grant the variance request in this case, are any conditions of approval necessary	00:34:21
	in this case?	00:34:24
	To mitigate any potential adverse impacts and result from other projects.	00:34:27
	No, no, no.	00:34:32
	Bill.	00:34:37
	Area variance. Ordinary high watermark setback provisions.	00:34:41
	I'm looking for a motion to either approve or deny the variance.	00:34:44
	For the to the high water.	00:34:48
	High watermark set back.	00:34:50
	I move to deny the.	00:34:52
	Variance the ordinary high.	00:34:54
	High water set back provisions.	00:34:56
	2nd.	00:34:58
	Motion by John, second by Russ.	00:35:00
	Any discussion?	00:35:02
	If not, I'll call the robot.	00:35:07
	Mark yes.	00:35:09
	The motion is 39. So yeah, John, yes.	00:35:11
	Yes, Rodney, Yes.	00:35:15
	Myself, yes.	00:35:18
	He's also the voters.	00:35:19
	5 to 0 so.	00:35:21
	The motion carries to deny the variance.	00:35:23
	Proposed.	00:35:27
	So I guess if you want to consult with them about.	00:35:45
	Different things you can do you have to contact.	00:35:47
	Information. We'll be able to get help from somebody, certainly.	00:35:52
	Thank you.	00:35:56
	Just one place.	00:36:06
	Well, we'll have to. I'll pull back the other one for you.	00:36:07
	Actually only one.	00:36:11
	I think it's only one other.	00:36:17
	I don't think they gave us one back here.	00:36:21
	I think it was just one signature block.	00:36:23
	OK, then we'll go to our next one.	00:36:25
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment Thursday, July 17th.	00:36:31
	2025 at 7:15 or shortly thereafter on the first floor.	00:36:38
	For the Dodge County administration building, Juno, Wisconsin.	00:36:42
	And the appeal of Brian?	00:36:46
	For a variance request to the terms of the highway set back preparedness.	00:36:48
	For the Dodge County Highway to set back ordinance to allow an attached garage.	00:36:52
	That does not. That does not meet the right of way set back.	00:36:57
	The request is a variance to subsection 4.2.	00:37:00
	And table 1-1.	00:37:03
	Of the Dodge County Highway set back ordinance.	00:37:05
	Property location Lot 7 block to Burnett Junction, the Southeast Quarter, SE quarter, Section 16.	00:37:09
	Town of Burnett.	00:37:16
	Dodge County, Wisconsin, the site address being.	00:37:18
	W6172 Main St.	00:37:21
	A copy of the proposed petition is available for review.	00:37:25
	In County Land Resources and Parks Department, 3 hours of 8:00 AM and 4:30.	00:37:28
	Monday through Friday.	00:37:33
	All persons interested are invited to attend and be heard.	00:37:34
	Written comments may be submitted to the Dodge County Land Resources and Parks Department at.	00:37:38
	127 E Oak St. Juneau, WI over by e-mail.	00:37:42
	No later than July 16th, 2025.	00:37:46
	Dodge County Board of Adjustment by William House, chairman.	00:37:49
	Need a staff report? Certainly Sir.	00:37:53
	County's jurisdiction The county has jurisdiction over.	00:37:56
	The site is a town of Burnett has adopted the county's Hwy. set back ordinance.	00:37:59
	Subsection 2.3. Point 12. Point A and 2.3.	00:38:03
	12 point.	00:38:08
	G of the Dodge County Land Use Code details the procedural matters.	00:38:09
	And approval criteria for the variance process.	00:38:14
	The board should hold a public hearing on each variance application and following the public hearing.	00:38:17
	Act to approve, approve with conditions or deny the variance.	00:38:22
	Based upon the approval criteria of section.	00:38:25
	2.3 point 12 point E.	00:38:28
	Appellants request.	00:38:30
	Application for a variance request was submitted.	00:38:32
	By the applicant on June 12, 2025 for request to the terms of the.	00:38:35
	Highway set back provisions.	00:38:40
	Of the Dodge County.	00:38:42
	Highway set back ordinance to allow.	00:38:43
	For an attached garage that does not meet the right of way setbacks.	00:38:45
	As proposed, the project will be 24.5 feet.	00:38:50
	From the right of way.	00:38:53
	Of 2nd St. and.	00:38:54
	52 feet from the centerline of 2nd St.	00:38:56
	Or.	00:38:59
	5 within the required.	00:39:01
	Right of way road right away, set back and eight feet.	00:39:03
	Within the center line set back, thus prohibited by the code.	00:39:06
	Dodge County highway set back ordinance. This request is in a variance subsection 4.2 in Table 1-1 of the Dodge County Highway	00:39:11
	Setback Ordinance.	00:39:16
	The county has jurisdiction over the site of the Town of Burnett has adopted the Counties Hwy. Setback ordinance.	00:39:22
	The property property is presently being used for A2 family residential use.	00:39:27
	Physical features of this.	00:39:32
	.2.	00:39:33
	17 acre lot included gentles gently sloping topography with slopes ranging to zero to 6%.	00:39:35
	Personal contains A2 family residence.	00:39:42
	General character of the surrounding land use consists of a single.	00:39:47
	And two family residential structures.	00:39:51
	There are two existing structures in the surrounding neighborhood. There are other suits.	00:39:53
	Structures in the surrounding neighborhood with similar Rd. setbacks as the one proposed.	00:39:58
	With this application.	00:40:02
	Property includes the following non conforming structure structures or use.	00:40:04
	Two family residential within the designated St. and Town Road right away set back to both Main and 2nd St.	00:40:08
	Approximately 4 to 9 feet.	00:40:15
	To the right of way.	00:40:17
	On June 6th.	00:40:18
	An application for as a Dodge County land use permit was made by the appellant.	00:40:20
	In order they be allowed to construct a 25 by 34 attached garage. This permit was denied by the county's land use Administrator	00:40:23
	for the following reasons.	00:40:28
	Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance.	00:40:33
	Refer to the required minimum set back.	00:40:38
	Distances for structures.	00:40:40
	The parcel in question lies to the northwest.	00:40:42
	Of the intersection of Main Street and 2nd St. in the town of Burnett.	00:40:45
	Both roads are classified as designated roads.	00:40:49
	Which require a minimum set back.	00:40:52
	27 feet from the road right away and 60 feet from the center line of the road as proposed. The attached garage lies 24.5 feet.	00:40:54
	From 2nd Street Rd. right away.	00:41:03
	And 52 feet from the centerline.	00:41:06
	Thus proposed the structures 2.5 feet closer than the allowed.	00:41:10
	Within the road right away.	00:41:14
	Set back and eight feet closer than the allowed.	00:41:16
	Then allow it to the center line as.	00:41:19
	Allowed by the Dodge County.	00:41:22
	Highway septic ordinance and therefore is prohibited.	00:41:24
	The appellate is requesting a.	00:41:27
	Area An area of variances section subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back ordinance.	00:41:29
	There's no town response purpose statement.	00:41:35
	The highway set back provisions of the county highway set back ordinance for board a variety of public.	00:41:39
	Purposes such as.	00:41:44
	Providing for light and air Fire Protection.	00:41:46
	Traffic Safety prevention of overcrowding.	00:41:49
	Solving drainage problems.	00:41:52
	Protecting the appearance and character of the neighborhood.	00:41:53
	And for conserving property values, the highway set back provisions also provide a uniform set back for all structures along roads	00:41:56
	within the county.	00:42:01
	In order they provide safe visibility while entering or exiting a site.	00:42:05
	And to say taxpayers of Dodge County from.	00:42:10
	Purchasing non conforming structures located within the highway set back lines.	00:42:13
	Then when those structures need to be removed for the.	00:42:17
	Highway improvement.	00:42:20
	Projects.	00:42:23
	Staff believes that the appellant is requesting an area variance this.	00:42:25
	To subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back ordinance.	00:42:28
	Staff points out that the board does not have summary powers to ignore.	00:42:33
	Ordinance provisions.	00:42:37
	Or objectives the burden.	00:42:38
	Also falls on the.	00:42:40
	Talents who convincingly demonstrate.	00:42:41
	To this board that a literal enforcement of the.	00:42:44
	Dodge County set back ordinance.	00:42:47
	Requires.	00:42:49
	Regulations would.	00:42:50
	Resulted in unnecessary hardship. That the hardship is due to special conditions.	00:42:52
	Unique to the property and if granted.	00:42:56
	The variance would not be contrary to the public interest.	00:42:58
	If the board should determine the highway set back provisions of the code are unnecessarily burdensome in this case.	00:43:01
	The board should also consider the.	00:43:06
	Cost to the town.	00:43:08
	And the public.	00:43:09
	Of having to purchase the structure in the future and wouldn't.	00:43:10
	If the structure would need to be removed for Hwy. improvement, relocations of variance agreement may be required.	00:43:16
	By the town of.	00:43:22
	Thank you.	00:43:27
	Thank you, Palin. Please step forward.	00:43:28
	Andy, do you have a?	00:43:30
	Enough. You're still on the other phone.	00:43:32
	Who?	00:43:35
	Brian Steiner.	00:43:42
	Pardon Brian Steiner.	00:43:43
	Is there anything you would like to add?	00:43:46
	Timing to.	00:43:48
	To the record.	00:43:51
	I'm sorry.	00:43:53
	Is there anything?	00:43:54
	That regarding your request that you would like to add to the record at this no and everything's pretty much.	00:43:55
	In the in the file in the.	00:44:01
	What I submitted.	00:44:05
	I mean, I don't think there's anything else I really need to say.	00:44:06
	Besides, I would like to build a garage and.	00:44:10
	Put a couple of vehicles in it.	00:44:14
	There was already a.	00:44:19
	Structure there, like I said, if.	00:44:20
	It's everything's in here.	00:44:22
	I'm really nothing more to add.	00:44:23
	Is there anyone in attendance that would like to speak in favor of variance request before the board?	00:44:27
	Please step forward and.	00:44:33
	State your name for the record.	00:44:35
	My name is Tim Fletcher.	00:44:45
	I'm the town chairman.	00:44:47
	For the town of Burnett and also.	00:44:49
	Neighboring property owner.	00:44:52
	And I'm having a hard time understanding.	00:44:53
	How the?	00:44:56
	Town or the?	00:44:58
	County got involved in this when the Town of Burnett issued the man a permit.	00:44:59
	He started his footings.	00:45:03
	And all of a sudden.	00:45:05
	Somebody squeals.	00:45:06
	That there's a problem.	00:45:08
	Which we don't see any problem. The town issued the permit.	00:45:10
	It's not anywhere near.	00:45:13
	Future road construction.	00:45:16
	I'm not, I'm just a little bit puzzled at where this problem came in.	00:45:18
	Thank you.	00:45:24
	Is that it? That's all I have to say. I mean, I, I got another guy here with me. That's our land use administrator and I think he	00:45:25
	might want to talk as well.	00:45:28
	John Peachey.	00:45:46
	Tony Burnett.	00:45:47
	Land Use Administrator.	00:45:48
	This is not an unreasonable request for Mr. Steiner. I would like to go on record.	00:45:51
	Saying that the town would be in favor of it, and I personally am in favor of it.	00:45:57
	I looked at some old pictures from the history of Burnett and there was a garage there that he removed 70 years ago and 80 years	00:46:02
	ago.	00:46:06
	There was an existing garage. He's about a four year.	00:46:09
	Resident of our Township.	00:46:13
	And he's cleaning it up, He's making it nicer, he's trying to make it better. And he's also.	00:46:15
	Increasing the tax base for the community to.	00:46:19
	Have an extra pool of resources available from.	00:46:22
	I can't see where this causes unreasonable hardship for any neighbors.	00:46:25
	And certainly not for anyone.	00:46:29
	Beyond.	00:46:31
	But I also.	00:46:33
	Would like to know how far short he is from the highway. Set back what? What does he fall short of?	00:46:35
	That was outlined in the staff report.	00:46:43
	But I will. I did hear it when I.	00:46:45
	I just would like to have it here again.	00:46:48
	Sure.	00:46:50
	So he is proposing to be 24.	00:46:51
	.5 feet from the right of way.	00:46:54
	And.	00:46:58
	That's about 2 1/2 feet too close to the right of way and also the center line.	00:47:00
	He is proposing to be 52 feet and he is 8 feet short on that.	00:47:04
	OK. And if he was a neighbor?	00:47:09
	Down one to the east.	00:47:12
	One property down or two properties down? Where are we exempt from?	00:47:13
	The highway set back, Where does it end?	00:47:18
	Well, the town of Burnett.	00:47:21
	Adopted the whole Township. Adopted the whole.	00:47:23
	Highway set back ordinance. I am aware of that.	00:47:27
	So there's no really exemption.	00:47:30
	It's just it goes all the way.	00:47:33
	To the end of the Township line, you might say correct.	00:47:35
	OK. So if as they continue to remodel 26.	00:47:38
	Are you measuring from the center of the highway of 26 or not at all? We measured from the center line and the edge of the right	00:47:42
	away.	00:47:45
	So if we continue to expand the highway and make it bigger, there's a center line change from years ago or does it stay the same?	00:47:49
	I depends on where they put the road. I don't know.	00:47:56
	But the the right of way if they expand the right away then.	00:48:00
	That slap back, it's a tool. A dual set back. You have to meet both of them, the centerline and the right of way set back.	00:48:03
	OK. There's another thing I'd like to call to the Board's attention here tonight.	00:48:10
	There's 5 land owners.	00:48:14
	That are right in his neighborhood. He's here about four years.	00:48:16
	Out of the five, one guy is there about 20 years, but there's three.	00:48:20
	Relatively new land owners.	00:48:24
	And everyone seems to like to squabble over lot lines. And they're young, they're first time homeowners in a lot of cases.	00:48:27
	And there's been a lot of struggles here with lot lines, and I think there's one disgruntled person who called this in.	00:48:34
	We recently had an instance where in the same.	00:48:41
	Area we're discussing a central area unit had to get removed.	00:48:44
	And then it got.	00:48:48
	Repositioned.	00:48:49
	Whoever called this in has an axe to grind.	00:48:52
	And if you make it difficult for him, it'll just be 6 months and they'll be down here again with something else.	00:48:55
	Please keep that in.	00:49:00
	Consideration when you guys make your decision tonight, but I believe he's not causing hardship for anyone.	00:49:02
	And I firmly believe that it's a reasonable request.	00:49:08
	It's far from unreasonable.	00:49:11
	Hey, thank you.	00:49:12
	Anyone else in the audience that would like to speak in?	00:49:15
	Favor of this variance request.	00:49:19
	Is there anyone else in the audience that would like to speak in favor of this variance request?	00:49:22
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:49:28
	Is there anyone in the audience that would like to speak?	00:49:35
	In opposition to this variance request.	00:49:39
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:49:43
	Is there any written we have?	00:49:49
	OK. Does the board have any questions of the appellant?	00:49:51
	With the appeal, would like to make a final statement for the record.	00:49:59
	I just want to say that I'm.	00:50:02
	Just want to put.	00:50:06
	A garage back where there was a garage previously.	00:50:07
	That's all I really wanted to.	00:50:10
	It would really dress up.	00:50:13
	It the way it looks if anyone went by him.	00:50:15
	Looked at the back of the residence, it could really use a little.	00:50:19
	Polishing up and that's what I want to do by adding.	00:50:24
	Garage where there was one previously.	00:50:27
	And by making me.	00:50:31
	Move it out.	00:50:33
	Which?	00:50:34
	They already said I could do but that's.	00:50:34
	That defeats the purpose of.	00:50:37
	Putting it adding it to the house where it was already.	00:50:41
	Just that's all I wanted to do.	00:50:44
	Put it back was.	00:50:46
	Thank you.	00:50:49
	They sent that prepared to close the public hearing.	00:50:51
	This variance request in.	00:50:55
	Go to Conclusions of the law.	00:50:58
	Yeah.	00:51:02
	The appellant request to subsection 4.2 and Table 1-1, the county's Hwy. set back ordinance.	00:51:06
	That refer to the set back for public roads.	00:51:12
	Yes, yes.	00:51:14
	Is there physical limitation that is unique to this property that prevents the appellant from complying?	00:51:17
	With the highway set back provisions of the ordinance.	00:51:22
	Yes.	00:51:25
	The location of the existing.	00:51:28
	22 family building.	00:51:30
	Are the highway set back provisions of the ordinance unnecessarily burdensome in this case?	00:51:45
	Thereby creating a hardship.	00:51:50
	Yes, because yes.	00:51:52
	The existing building is.	00:51:54
	Going to be closer than what he's adding on.	00:51:56
	Does the appellant have other options available to complete this project in compliance with the ordinance?	00:52:12
	Not to make it attached, no.	00:52:20
	What hardship exists? The variance is denied.	00:52:36
	Can't build.	00:52:39
	Great.	00:52:41
	Is a project harmful in any way the public's interest?	00:52:53
	No, no.	00:52:57
	Does the board have sufficient information to make a decision this request?	00:53:26
	Does the Board believe the appellants arrange request a highway set back provisions on the ordinance meets the criteria?	00:53:30
	Is necessary in order to grant the variance request.	00:53:36
	Yes, yes.	00:53:39
	So if the Board can make findings other necessary in order to grant the variance request in this case, are any conditions of	00:53:41
	approval necessary in this case to mitigate any potential adverse impacts?	00:53:46
	Result from this proposal.	00:53:52
	Development.	00:53:54
	Project.	00:53:55
	No, no, I mean the staff reported, said the town.	00:53:58
	You know, if the town or Burnett wanted to.	00:54:01
	The thing but.	00:54:05
	As we heard from the Chairman, they don't have any. They don't.	00:54:06
	Feel that's necessary so.	00:54:09
	I would say no.	00:54:10
	OK.	00:54:17
	Area variance, Hwy. set back provisions.	00:54:19
	Looking for a motion to either approve or deny.	00:54:22
	The variance request based on the previously mentioned findings and conditions also move.	00:54:25
	Approved.	00:54:31
	Second it.	00:54:33
	Motion is made to approve.	00:54:41
	To any discussion.	00:54:43
	If not, I'll call the roll Rodney.	00:54:48
	Yes.	00:54:50
	Russell. Yes, Mark.	00:54:52
	Yes, John, yes.	00:54:53
	Myself, yes.	00:54:56
	The result of the vote is.	00:54:57
	Zero and so.	00:55:01
	The variances.	00:55:04
	Granted. Proposed.	00:55:06
	And the Land Use Administrator is directly as a land use permit incorporated into the.	00:55:10
	So it's approved.	00:55:21
	Thank you so much.	00:55:23
	I appreciate it.	00:55:25
	In other business, we have two petitions for next month.	00:55:32
	One in Oak Grove.	00:55:36
	Which is enough. It's no, it's different. It's, it's an appeal to our.	00:55:38
	A decision to enforce an ordinance.	00:55:43
	So.	00:55:45
	And then the other one is on Fox.	00:55:46
	So lastly.	00:55:50
	For the second in Fox Lake.	00:55:53
	You can't keep a settled around.	00:55:57
	Shall we adjourn? Just a quick can I have a question? Quicker, certainly.	00:56:05
	Since Mr. Fletcher is the chairman of Burnett that he didn't seem to understand.	00:56:10
	You know the counties.	00:56:15
	Being involved in this.	00:56:16
	Is there?	00:56:18
	Way for the.	00:56:21
	Department to.	00:56:22
	Get more information to the.	00:56:26
	Various townships that they would, you know, that they would understand. I mean, you're not.	00:56:28
	You're not doing something or we're not trying to do something that.	00:56:32
	Overrides them. It's just it's part of the law and I guess.	00:56:35
	They adopted that ordinance and and we can certainly run through that stuff with them if if that's what.	00:56:39
	The fact that he didn't understand what it was seems to be.	00:56:47
	A little concerning to me.	00:56:50
	Understood.	00:56:52
	Otherwise I move to.	00:56:58
	Second, all in favor?	00:57:01
	All right.	00:57:03
	Motion is.	00:57:04
	Carried meeting is adjourned.	00:57:05

* you need to log in to manage your favorites

Agenda
Packet
Minutes
Transcript

* use Ctrl+F (Cmd+F on Mac) to search in document

Transcript search

Transcript

Event transcript
	Meeting of the Dodge County Board of Adjustment is hereby called to order.	00:00:03
	Roll call Mark Osbor.	00:00:06
	Here here.	00:00:08
	Russell Cuties here. Madden adjustment here.	00:00:10
	Itself here very Bishop and Brad pupils excused.	00:00:13
	A quorum is present.	00:00:18
	As many county board members here that are not on the committee.	00:00:20
	I don't see any OK.	00:00:24
	The staff confirmed compliance with the open meeting law and public hearing.	00:00:30
	Yes, Sir.	00:00:33
	Any changes to the agenda?	00:00:35
	No.	00:00:38
	OK, we have two sets of minutes to approve.	00:00:40
	Review the minutes from June 19th. What's your.	00:00:42
	3rd on the June 19th ones.	00:00:46
	Also moved to approve June 19th. I'll second.	00:00:48
	Any discussion?	00:00:51
	Hearing all in favor say aye.	00:00:53
	Aye, opposed. Motion carried.	00:00:55
	And we have the minutes from July 10th.	00:00:57
	I'll move to approve.	00:01:01
	2nd.	00:01:03
	Any discussion?	00:01:05
	Hearing none all in favor say aye.	00:01:08
	Aye, opposed motion is carried. Minutes approach.	00:01:10
	The staff please read the hearing procedure for tonight's hearings.	00:01:14
	Certainly we are meeting today to hear the request for modification of the Dodge County land use code. We have a series of two	00:01:18
	public hearings tonight.	00:01:22
	And the procedure for these.	00:01:26
	Hearings will be as follows. The chairman of the.	00:01:27
	Port of Adjustment will read the public hearing notice, after which a staff member in the Dodge County Land Resources and Parks	00:01:30
	Department will read a report that has been prepared by.	00:01:35
	The county staff regarding the request.	00:01:39
	Before the board following the staff report.	00:01:41
	The appellant or their agent will be asked to come before the board.	00:01:44
	The appellant will be asked to state their name.	00:01:48
	For the record, and they may present their case to the Board.	00:01:51
	Or add any additional information.	00:01:54
	To the record.	00:01:56
	Those in attendance wishing to speak in favor or opposition.	00:01:58
	Can come before the board and speak.	00:02:01
	If you wish to speak, you will be.	00:02:03
	Asked to step up to the microphone.	00:02:05
	Which is located in the center of the room and states your name and address for the record and to state your position regarding	00:02:07
	the request before the board.	00:02:11
	Please address your comments and questions to the board and not to the.	00:02:16
	You only only be allowed to speak once, so please be prepared to present.	00:02:20
	All of your concerns and questions to the board when you speak.	00:02:25
	All those intendants.	00:02:29
	After those.	00:02:31
	In attendance have spoken, written.	00:02:32
	Correspondence has been received by the Board.	00:02:36
	Or, which has been collected by the board during the on site visits will then be read into the record.	00:02:39
	The board will have an opportunity to ask the appellant any questions.	00:02:44
	The following the Board's questions, the appellant will be allowed to give a final statement for the record.	00:02:48
	After receiving all of the testimony, the board will.	00:02:53
	Then deliberate, it will make a decision to grant.	00:02:56
	Granted part or deny the variance request.	00:03:00
	And if approved.	00:03:03
	They may place conditions on the approval.	00:03:04
	If they feel it necessary to address or mitigate any potential adverse impacts.	00:03:07
	The proposal may have on the adjacent properties.	00:03:12
	Or the community. If the variance is approved, staff will be directed to issue a land use permit incorporating.	00:03:15
	Those conditions approved by the Board. Any person or persons agreed by any decision of the Board.	00:03:22
	Adjustment may present.	00:03:28
	To the court of record.	00:03:30
	A petition duly verified setting forth.	00:03:32
	That such decision is illegal and specifying the grounds.	00:03:35
	Of the illegality. Such petitions shall be presented to the Circuit Court.	00:03:39
	In this county within 30 days after the filing of the decision.	00:03:43
	In the office of the Board of Adjustment, the county assumes no liability.	00:03:48
	For and makes no warranty.	00:03:52
	As to the reliance on any decision if construction is commenced.	00:03:54
	Prior to the expiration date.	00:03:58
	Of this 30 day period.	00:03:59
	If during this meeting, procedural questions.	00:04:02
	Or other points of order arise.	00:04:04
	The final decision.	00:04:06
	Of this board may be postponed until more information is gathered.	00:04:08
	Considered and properly acted upon.	00:04:12
	Notice here by giving that a public hearing will be held by the Dodge County Board of Adjustment.	00:04:26
	On Thursday, July 17th at 2025.	00:04:31
	At 7:00 PM or shortly thereafter.	00:04:34
	On the first floor of the Dodge County Administration Building.	00:04:37
	Tuna, Wisconsin. On the Appeal of Rodney and Rosalind Weiss.	00:04:40
	Living Trust dated October 12/20/22.	00:04:44
	For variance to the terms of the ordinary high watermark, set back and.	00:04:47
	The impervious service provisions of the Dodge County Shoreland Protection Ordinance.	00:04:52
	To allow a debtor would not be those standards.	00:04:56
	These requests are requests to variance to subsection 6.2 and 9.4.	00:05:00
	Of the Dodge County Shoreland Protection Ordinance.	00:05:06
	Property lock location lot to CSM 6465 being not.	00:05:09
	47 Howards first addition to Lake Grove and.	00:05:15
	Part of GL 2 NE quarter SE quarter section 21.	00:05:18
	Town of Fox.	00:05:23
	Dodge County, Wisconsin, the site address being.	00:05:26
	In Excuse me.	00:05:29
	Site address being in.	00:05:34
	10634 Howard Drive.	00:05:36
	A copy the proposed petition is available for review.	00:05:40
	In the Land, County, Land Resource and Parks Department between the hours of.	00:05:43
	8:00 AM and 4:30 PM, Monday through Friday.	00:05:47
	Whole person's interests are invited to attend and be heard.	00:05:51
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:54
	At 127 E Oak St. Juneau, WI or by e-mail no later than July 16th, 2025.	00:05:59
	County Board of Adjustment by William House, chairman.	00:06:06
	Anyway, please read the staff report. Certainly.	00:06:10
	County jurisdiction.	00:06:13
	County South jurisdiction over This site is the Town of Fox Lake Falls under the county's Land Use code.	00:06:15
	And shoreline protection ordinance.	00:06:20
	Subsection 14.7.	00:06:22
	Parent one through 14.	00:06:25
	.7 parents six of the Dodge County Charlotte protection.	00:06:27
	Ordinance list. Procedural matters.	00:06:30
	And the approval criteria for the variance process. The board shall hold a public hearing on each variance.	00:06:33
	Application.	00:06:38
	Following the Public Hearing Act to approve approve with conditions.	00:06:39
	Or deny the variance based upon the criteria of section 14.7. Parents 6.	00:06:43
	The appellant request.	00:06:49
	Application for a variance requests.	00:06:51
	Were submitted.	00:06:54
	By the applicant on June 11th, 2025.	00:06:55
	For requests of the terms of the ordinary high watermark.	00:06:58
	Set back and the impervious surface provisions of the Dodge County Shoreline Protection ordinance the.	00:07:01
	To allow a deck that is 14 feet.	00:07:06
	By 19.5 feet.	00:07:09
	That does not meet those standards. As proposed, the project will be 40.1 feet from the ordinary high watermark of Fox Lake.	00:07:11
	Or 17.85 feet within the required set back.	00:07:19
	Thus prohibited by the code.	00:07:22
	Also proposed.	00:07:25
	Also, as proposed, the impervious surface.	00:07:26
	Coverage will increase from 46.75.	00:07:29
	Percent to 49.81%.	00:07:32
	Or 3.06.	00:07:35
	Percent greater than allowed.	00:07:37
	These are requests for variances to subsections 6.2 and 9.4 of the Dodge County Store and Protection Ordinance.	00:07:39
	Features The county has jurisdiction over the.	00:07:47
	As the site is located within 1000 feet of the ordinary high watermark of a navigable Wat.	00:07:52
	Waterway, Fox Lake.	00:07:58
	The property is currently.	00:08:00
	Being used for residential use.	00:08:02
	The physical features of this.	00:08:04
	2.05 acre.	00:08:06
	Lot includes sloping topography with slopes ranging from.	00:08:07
	Zero to 25%. The parcel contains the residents and associated accessory structures.	00:08:11
	The current impervious surface.	00:08:17
	Surfaces on this property.	00:08:19
	Our 4175 square feet.	00:08:21
	Or 46.75%.	00:08:24
	The proposed impervious surfaces on this property.	00:08:27
	Our 4000.	00:08:30
	448 square feet or 49.81%.	00:08:32
	This property is.	00:08:36
	Considered to be a highly developed shoreline.	00:08:38
	Under section 9.4.	00:08:40
	Of the Dodge County Shoreland Protection Ordinance.	00:08:43
	And is permitted up to 30% impervious surfaces without mitigation and up to 40% with mitigation per subsection 9.5 parent two of	00:08:46
	the Dodge County Shoreline Protection Ordinance.	00:08:52
	The general character of the surrounding land.	00:08:58
	Use consists of single family residences to the North and South, while an agricultural field is.	00:09:01
	Located West of Howard at Howard Drive.	00:09:07
	Per Section 16.2 of the Dodge County Shoreland Protection Ordinance, a deck is defined as a structure.	00:09:10
	The set back average for a primary structure per Section 6.2 of the Dodge County Shoreland Protection Ordinance.	00:09:18
	Is 57.95 feet from the ordinary high watermark.	00:09:26
	The residents on this property is currently 54.1%.	00:09:30
	Feet from the ordinary high watermark.	00:09:35
	On April 16th.	00:09:38
	2025 An application for a county land use permit.	00:09:40
	Was made by the appellant.	00:09:44
	To construct a deck.	00:09:46
	On the east side of the residence.	00:09:47
	The permit was withheld on April 24th.	00:09:49
	2025 as no impervious surface worksheet was.	00:09:52
	Provided.	00:09:55
	An on site inspection was conducted on May 22nd, 2025.	00:09:56
	Following further review and additional correspondence between staff and the applicant.	00:10:01
	The land use permit was denied on June 16th, 2025.	00:10:06
	A variance application was submitted.	00:10:10
	To this department prior to the permit denial.	00:10:12
	On June 11th, 2025.	00:10:15
	Applicable ordinance provisions in this case.	00:10:19
	Section 6.1 of the Shorelands shoreline set back within.	00:10:22
	Dodge County Shoreline Protection Ordinance, unless exempt, a set back of 75 feet from the ordinary high watermark of any	00:10:26
	navigable waters.	00:10:31
	To the nearest part of the.	00:10:35
	A building.	00:10:37
	Or structure shall be required.	00:10:38
	For all buildings and structures.	00:10:40
	Section 6.2 Reduced principal size structure set back.	00:10:42
	Within Dodge County Shoreline Protection Ordinance.	00:10:47
	This provision allows for an average of the two neighboring principal structures to be utilized to provide a reduced.	00:10:50
	Set back to the ordinary high watermark.	00:10:56
	Subsections 9.5, parent 2.	00:10:59
	Maximum impervious surfaces for highly developed shorelines.	00:11:03
	Within the Dodge County Shoreline Protection Ordinance, this provision allows for a property to reach up to 30% without mitigation	00:11:06
	and up to 40% with mitigation.	00:11:11
	Section 9.6.	00:11:18
	Treated impervious surfaces.	00:11:20
	Within the Dodge County Shoreland protection ordinance, this provision.	00:11:22
	States that the impervious surfaces.	00:11:25
	That can be documented to show that they are meeting.	00:11:28
	Any of the requirements under this section shall be excluded.	00:11:31
	From the impervious surface calculations.	00:11:35
	Section 9.7. Existing impervious services.	00:11:38
	Within the Dodge County Shoreline protection Ordinance, this provision allows.	00:11:42
	For the relocation or modification of an existing impervious surfaces.	00:11:45
	With similar or different impervious surfaces.	00:11:50
	Provided the relocation or modification does not result in an increase.	00:11:53
	Of the.	00:11:57
	Impervious surface calculations.	00:11:58
	This permit was denied by the county land use.	00:12:00
	Administrator for the following reasons.	00:12:03
	As proposed, the deck would be.	00:12:09
	Located 40.1 feet from the ordinary high watermark of Fox Lake or 17.85 feet within the required set back and thus prohibited by.	00:12:11
	Section 6.1 and 6.2 of the Dodge County Shoreline Protection Ordinance.	00:12:19
	Additionally, the.	00:12:24
	Current impervious services on this property are.	00:12:25
	4175 square feet or.	00:12:28
	46.75.	00:12:31
	Percent were.	00:12:33
	While the proposed impervious.	00:12:35
	On this property are 40.	00:12:37
	4448 square feet or 49.81%.	00:12:39
	This property is considered to be a highly developed shoreline.	00:12:44
	Section 9.4 of the Dodge County Charlotte Protection ordinance.	00:12:47
	And isn't permitted up to 30% impervious surfaces without mitigation and up to 40.	00:12:51
	Percent.	00:12:57
	With mitigation per subsection 9.5.	00:12:58
	Parent two of the Dodge County Shoreland Protection Ordinance.	00:13:02
	According to subsection.	00:13:07
	9.5 point 2 the maximum allowed impervious surfaces.	00:13:08
	For this lot.	00:13:12
	With mitigation, our 40%.	00:13:13
	Currently the a lot exceeds the permissible impervious surfaces for a highly developed shoreline.	00:13:15
	Under Section 9.7, the property owner may maintain.	00:13:22
	This increased impervious surfaces.	00:13:26
	Provided is not fully.	00:13:29
	Further expanded.	00:13:30
	However, the proposed increase exceeds both the impervious surfaces limits set by subsection 9.5, parent 2 and the standards.	00:13:32
	In 9.7 of the Dodge County shoreland.	00:13:42
	Protection ordinance making it prohibited.	00:13:44
	This section of the ordinance main.	00:13:47
	Be met by utilizing treated impervious surfaces.	00:13:50
	Requirement listed under section 9.6.	00:13:54
	Or by relocation of the existing impervious surfaces.	00:13:57
	Under 9.7 of the Dodge County Shoreline Protection Ordinance.	00:14:00
	The appellate is requesting an area variance to section 6.1.	00:14:04
	And Section 9.4 of the Dodge County Shoreline Protection Ordinance.	00:14:08
	With no response from the town.	00:14:13
	Purpose statement the purpose of the water set back provisions of the.	00:14:16
	Code require.	00:14:20
	Is to require uniform set back distance from the water.	00:14:22
	To preserve public interest in shorelines.	00:14:25
	Navigable waterways of the state.	00:14:27
	Every property owner that has frontage on a body of water is required to comply with this uniform water set back requirement.	00:14:29
	In this case, the deck is located within the set back.	00:14:36
	And there.	00:14:40
	Prohibited by the code.	00:14:41
	The purpose of the impervious services.	00:14:43
	Of the shoreland.	00:14:46
	Ordinance is to control runoff, which can.	00:14:48
	Carries pollutants to the water of the state and to protect the navigability of water.	00:14:50
	Navigable waters and the public's right to their.	00:14:56
	They're in of degree.	00:14:59
	Degradation.	00:15:01
	And deterioration.	00:15:03
	The final impervious services would be 4448 square feet.	00:15:06
	Or 270?	00:15:10
	Three square feet above the required maximum.	00:15:11
	Impervious surfaces for this lot and thus prohibited by the code.	00:15:14
	Staff Advisory staff points out that the board does not have summary powers to ignore the ordinance.	00:15:18
	Provisions or objectives? The burden also falls on the appellant to convincingly demonstrate.	00:15:23
	The board, the little literal enforcement.	00:15:29
	Of the.	00:15:31
	Shoreline Ordinance.	00:15:33
	Certainly, protection ordinance regulations would result in an unnecessary hardship.	00:15:34
	And the hardship is due to the special conditions unique to the property and if granted.	00:15:39
	The variance would not.	00:15:44
	Be contrary to the public interest.	00:15:45
	Is important to note that the impervious service section of the 9th.	00:15:47
	Section of the land use.	00:15:51
	Permit may.	00:15:53
	Be met by utilizing treated impervious surfaces requirements.	00:15:54
	Listed under section 9.6.	00:15:58
	Or by relocation of the existing purpose.	00:16:00
	Impervious surfaces.	00:16:03
	Under Section 9.7 of the Dodge County Shoreline Protection Ordinance.	00:16:04
	Examples of these could be.	00:16:08
	Could include, but are not limited to replacement of impervious surfaces with impermeable.	00:16:10
	With permeable pavers, removal of concrete.	00:16:15
	Such as sidewalks or a portion of the driveway.	00:16:18
	Or installing an.	00:16:21
	Tracian Basin.	00:16:22
	Or installing a rain garden.	00:16:24
	It's a staff's position that the board will be unable to make the findings.	00:16:26
	Necessary.	00:16:30
	In order to grant a variance in this case, therefore, the variance request should be denied.	00:16:31
	Thank you, Andy.	00:16:39
	Will the appellant please step forward?	00:16:42
	Sneak your name for your record, please. Lou Davis.	00:16:54
	Is there any information regarding your request that you would like to add to the record at this time?	00:16:59
	Well, I guess one thing is I'm neighbor and also the contractor. I own the house that's next to it at 10638.	00:17:05
	Far as.	00:17:15
	The process I've been through the process.	00:17:16
	Knowing that.	00:17:19
	I'm the neighbor next door and dealt with the.	00:17:19
	The land and all the rules and regulations that.	00:17:22
	Come along with living on the lake.	00:17:25
	One of the questions is or a comment is is that.	00:17:28
	Through this process I know that.	00:17:32
	They take the average of the two.	00:17:35
	You know beside it, but as you look at that deal and I know unfortunately.	00:17:38
	He's not. He's not.	00:17:41
	If he was moved down one house, he would be better off on their.	00:17:43
	That was granted to do those retaining walls in that land. Where this deck is going is treated as a patio right now primarily.	00:17:47
	There on that top of that retaining wall. So that was the original.	00:17:57
	Request was to be able to.	00:18:00
	Put some kind of structure or either a imperial pavers.	00:18:02
	In that area so that they could have it more than rock.	00:18:08
	On there if a deck was not permitted.	00:18:11
	So.	00:18:13
	Thank you.	00:18:17
	There anyone in attendance that would like to speak in favor as a variance request before the board.	00:18:20
	Is there anyone in attendance that would like to speak in favor of the variance request before the board?	00:18:26
	I'm in favor.	00:18:32
	And I'm a neighbor.	00:18:33
	Is there anyone in attendance that would like to speak in favor of this variance request?	00:18:38
	Past three times it's.	00:18:43
	Is there anyone in attendance that would like to speak in opposition to the variance request before the board?	00:18:47
	Anyone in attendance that would like to speak in opposition to this variance request?	00:18:54
	Is anyone in the audience that would like to speak in opposition to this variance request before the war?	00:19:01
	Lord, do you have any questions of?	00:19:08
	Anyone.	00:19:18
	You want to read the.	00:19:27
	Read the DNR thing into the record. Will do.	00:19:29
	Certainly, please.	00:19:32
	Dear board members, the Department of Natural Resources has received.	00:19:35
	The notice of this for a July 17, 2025 public hearing.	00:19:39
	Concerning the appeal of Rodney and Rosalind Weiss, Living Trust.	00:19:43
	Dated October 12/20/22.	00:19:47
	For variances to the terms of the ordinary high watermark, set back.	00:19:51
	Any pervious surfaces of Dodge County shoreline protection ordinance.	00:19:55
	To allow a deck.	00:19:59
	That would be.	00:20:00
	Would not meet those standards.	00:20:01
	These are requests of variances 6.2.	00:20:03
	And 9.4 of the Dodge County Shoreline Protection Ordinance.	00:20:06
	Property location.	00:20:10
	To CSM 6465.	00:20:12
	Being Lot 47 of Howard's.	00:20:16
	First addition to Lake.	00:20:18
	Grove and part of Government Lot 2.	00:20:21
	Northeast quarter of Southeast quarter, Section 21.	00:20:24
	Town 13th.	00:20:27
	Range 13, Town of Fox Lake.	00:20:29
	Dodge County, Wisconsin, site address being N 106.	00:20:31
	3/4.	00:20:36
	Howard Drive the department.	00:20:37
	Is writing in response to the.	00:20:39
	County Board of Adjustments request.	00:20:41
	For an opinion from the department.	00:20:44
	Perth chapter 59.692, Parent 4.	00:20:47
	Parent B Wisconsin State statutes is allowed.	00:20:51
	By law, this letter is based.	00:20:54
	And the information provided.	00:20:56
	In the hearing notice and application submitted.	00:20:57
	Please have this rhetoric letter read.	00:21:00
	Letter delivered and read before the BOA.	00:21:04
	Per the information provided by the applicant, the department does not believe.	00:21:08
	The applicant can demonstrate meeting.	00:21:12
	The three statutory criteria.	00:21:15
	For granting a variance.	00:21:17
	The Snyder Walk.	00:21:19
	Shaw County Zoning Board of adjustment decision.	00:21:20
	Made it clear a circumstance or desire.	00:21:24
	Of the applicant is not a factor to be considered when deciding variances.	00:21:27
	Further, the Wisconsin.	00:21:32
	State.	00:21:34
	Versus Winnebago County decision.	00:21:36
	Established that economic loss or financial hardship.	00:21:39
	Do not justify A variance as the board reviews.	00:21:42
	These variance requests please keep in mind.	00:21:46
	The applicant has a burden of proving.	00:21:48
	That their requests meet all the statutory requirements for the granting.	00:21:51
	Of a variance of each variance request.	00:21:55
	That is, the applicant must prove that they will suffer unnecessary.	00:21:57
	That's their hardship if the provisions of the county.	00:22:02
	Shoreline ordinance are literally in force.	00:22:05
	Wisconsin Supreme Court has made it clear that the proof.	00:22:08
	Unnecessary hardship by itself.	00:22:12
	Does not entitle an applicant.	00:22:14
	To a variance.	00:22:16
	All three statutory variance criteria must be satisfied.	00:22:18
	In order to grant.	00:22:22
	Of each variance.	00:22:23
	It may be possible that an applicant will provide additional evidence at the hearing which may change the.	00:22:25
	Conclusions listed below.	00:22:31
	Unique physical limitations.	00:22:33
	The applicant must demonstrate that a unique physical limitation.	00:22:35
	Wetlands, steep slope streams, rock, oak croppings.	00:22:39
	Or special conditions of the property.	00:22:42
	That prevent compliance with the order ordinance, regulations, the physical.	00:22:45
	Limitations must be unique to the property.	00:22:50
	In question and not generally shared.	00:22:53
	By other properties in the area.	00:22:55
	After review of the Dodge County air photos and contours, appears that this lot does not meet.	00:22:58
	Does not, does not contain any.	00:23:04
	Unique limitations.	00:23:06
	Physical limitations and is very similar.	00:23:08
	The adjacent properties.	00:23:10
	No harm to public interest. The applicant must demonstrate that the variance will not result in harm or be contrary to the public	00:23:13
	interests.	00:23:17
	The board must consider the impact.	00:23:21
	Of the proposed.	00:23:23
	Project as well as cumulative impacts of similar projects.	00:23:25
	On the interests of the neighbors, the community and the general public.	00:23:28
	These interests are.	00:23:32
	Listed in the purpose statement.	00:23:34
	Of the ordinance and.	00:23:36
	For shoreland zoning include protection of the public health.	00:23:37
	Safety and welfare maintenance of clean water.	00:23:41
	Protection of Fish and Wildlife habitat.	00:23:43
	And preservation of natural.	00:23:46
	And scenic beauty.	00:23:48
	Scientific studies have shown when the projects.	00:23:50
	Are constructed within the water set back.	00:23:53
	There can be a environmental concern, such as change in fish species from.	00:23:57
	Game. Fish to rough fish. Loss of wildlife habitat.	00:24:02
	More runoff entering the lake without filtering.	00:24:06
	Loss of natural scenic beauty, etc.	00:24:09
	Cumulative impacts.	00:24:12
	Of the repeated projects.	00:24:13
	So close to the water bodies can multiply the impacts of the loss of habitat.	00:24:15
	This property contains multiple retaining walls, 2 sets of stairs.	00:24:20
	In a boathouse with a patio, all located within the shoreland set back.	00:24:24
	The applicant has not provided any.	00:24:29
	Providing information describing.	00:24:31
	No harm to the public interest.	00:24:33
	Unnecessary hardship. The applicant must demonstrate that if the.	00:24:35
	Variance is not granted. An unnecessary hardship exists.	00:24:39
	The applicant may not complain.	00:24:42
	Claim unnecessary hardship because of.	00:24:44
	Conditions.	00:24:47
	Which are self-imposed or created by a prior owner.	00:24:48
	For example, building a home in compliance.	00:24:51
	And then subsequently.	00:24:54
	Constructing a deck without a permit.	00:24:56
	Courts have determined that economic or.	00:24:59
	Financial hardship does not justify.	00:25:02
	When determining whether an unnecessary hardship exists, the board.	00:25:04
	Let's consider the property as a whole.	00:25:08
	Rather than just a portion of the.	00:25:11
	Parcel the denial of the deck is not.	00:25:12
	And unnecessarily.	00:25:16
	Burdensome. There is an existing patio located on top of the boathouse.	00:25:18
	Providing opportunity to enjoy the outdoors.	00:25:22
	There are options available to meet the impervious surface.	00:25:25
	Requirements such as utilizing stormwater control measures or removing.	00:25:29
	Some of the existing pervious surfaces.	00:25:33
	Please note that these comments are in regards to the shoreland zoning.	00:25:36
	Regulations only and do not reflect applicable erosion control.	00:25:40
	Waterway permitting, floodplain zoning or other department regulations.	00:25:44
	Is the responsibility of the Board of Adjustment to assure?	00:25:48
	That the statutory standards for the granting of a.	00:25:51
	A variance are met.	00:25:55
	The standards help to ensure the protection of the public interest.	00:25:56
	Including the preservation of.	00:26:00
	Water quality and fish wildlife.	00:26:02
	Habitat along lakes and rivers. Wisconsin navigable.	00:26:04
	Waterways are held in trust.	00:26:08
	For all people to enjoy the shoreland.	00:26:10
	Set back is important to protect the water quality.	00:26:12
	Natural scenic beauty and the fish.	00:26:15
	And wildlife habitat.	00:26:17
	Wisconsin's waterways.	00:26:19
	The department appreciates her.	00:26:21
	Commitment to Dodge County's water resources and protection of public interest.	00:26:23
	For future generations, sincerely.	00:26:28
	Sue Vander Langenberg.	00:26:30
	Shoreline Zoning Program coordinator.	00:26:33
	Any other correspondence, Andy?	00:26:38
	No.	00:26:40
	Does the board have any questions at this point after that?	00:26:42
	Would the appeal? Would like to make a final statement on this for the record.	00:26:48
	Well, yes, for the record, it sounds like it's not going to pass.	00:26:53
	The question is now before you do if it if you do not pass it.	00:26:56
	I'm not sure if we can discuss it after you do or you don't.	00:27:01
	Of what the abilities that they can because it's already used as a patio and if you put permeable pavers there is that acceptable?	00:27:05
	If you don't pass it as a deck, that would be a question for staff tomorrow.	00:27:14
	OK, I thought Bryce said. I could ask that here. I thought so.	00:27:19
	I would ask Price tomorrow.	00:27:22
	Then you have to go through the whole process again.	00:27:24
	Well, this permit has already been denied, so they deny the.	00:27:28
	The variance.	00:27:32
	That one.	00:27:33
	Is is finished and we'd have to start anew.	00:27:34
	OK, then I have nothing else.	00:27:37
	Thank you.	00:27:45
	Well, the public testimony.	00:27:49
	Of the hearing is now completed, I closed the hearing part.	00:27:51
	The board will now deliberate on the matter.	00:27:53
	Before the.	00:27:56
	Before them.	00:27:56
	Or the conclusions of the law.	00:27:58
	Presented.	00:28:00
	Based on the facts presented in the application and at the public hearing, the Board concludes that.	00:28:02
	The appellants request to section 9.4 of the County Shoreland Protection Ordinance.	00:28:09
	Which refers the maximum impervious surfaces.	00:28:13
	Permitted on a highly developed shoreland property.	00:28:17
	Yes.	00:28:19
	Is there a physical limitation that is unique to this property that prevents the appellant from complying?	00:28:23
	With the maximum impervious surface provisions of the ordinance.	00:28:28
	He's already he's already over the.	00:28:34
	Already exceeded, already exceeding it, so I don't know if that's a.	00:28:36
	By the existing structure.	00:28:42
	Thank you.	00:28:43
	Is the maximum impervious surface provisions of the ordinance unnecessarily burdensome in this case, thereby creating a hardship?	00:28:58
	No, no.	00:29:03
	Does the appellant have other options available to complete these projects in compliance with the ordinance?	00:29:23
	And he said there was several things they could do right sections but.	00:29:28
	If they remove some.	00:29:33
	This service impervious some concrete, some of the stuff that was there.	00:29:36
	What hardship exists the variances denied?	00:29:46
	There really isn't, no.	00:29:50
	Not a legal hardship.	00:29:51
	Are the projects harmful anyway the public's interest?	00:29:56
	According to the letter from the DNR, yes there is. I mean, yeah.	00:30:02
	You know, accumulate this, it would be.	00:30:04
	Harmful.	00:30:08
	Does the board have sufficient information to make a decision on this request?	00:30:15
	Yes.	00:30:19
	Does the Board believe that the appellants variance request on the maximum impervious surface provisions of the ordinance meet the	00:30:23
	criteria that is necessary?	00:30:27
	In order to grant the area variance.	00:30:30
	No.	00:30:33
	If the Board can make findings necessary to in order to grant the variance request in this case or any conditions of approval	00:30:37
	necessary in this case to mitigate any potential adverse impacts that result from the project.	00:30:42
	No, don't have anything.	00:30:50
	No, I don't have anything.	00:30:52
	OK.	00:30:56
	Area variance Maximum impervious surface is permitted on a highly developed shortened property.	00:30:59
	I'm looking for a motion to either approve or deny the.	00:31:04
	Variance request.	00:31:07
	I'd move to deny.	00:31:09
	I'll second it.	00:31:11
	Any discussion?	00:31:21
	And the motion?	00:31:24
	Hey, the motion is to deny.	00:31:25
	We'll call the vote mark.	00:31:28
	Yes.	00:31:29
	Gone, yes.	00:31:31
	Russell. Yes, Rodney.	00:31:32
	Yes.	00:31:34
	Myself, yes.	00:31:35
	The result of the vote is. The motion is.	00:31:41
	To deny is carried by a 5 to 0 vote.	00:31:43
	Therefore the.	00:31:47
	We have denied the variance request as proposed.	00:31:48
	Do we need to go through the 2nd afforded? Yes.	00:31:58
	So the conclusions of law based on effects.	00:32:02
	On the set, back to the ordinary high watermark.	00:32:04
	The appellant requested section 6.1 of the County Shoreline Protection Ordinance to refer to the setbacks for structures ordinary	00:32:07
	high wire mark.	00:32:11
	Correct. Yes.	00:32:15
	Is there a physical limitation that is unique to this property that prevents the appellant from complying with the ordinary high	00:32:20
	watermark set back?	00:32:23
	Provisions of the ordinance.	00:32:26
	Technically, a is already beyond the building is already to.	00:32:28
	The house is too close. Does it exist?	00:32:32
	Is urinary high watermark set back provision the ordinance unnecessarily burdensome in this case, thereby creating a hardship?	00:32:54
	No, they've already got * ** .	00:33:00
	And he was there.	00:33:03
	Does the appellant have other options available to complete these projects and compliance with the ordinances?	00:33:15
	No.	00:33:20
	Because of little.	00:33:21
	Because of the location of the.	00:33:22
	Existing building.	00:33:24
	Would have to stay in the same the same space he's got.	00:33:27
	Yeah, he can't.	00:33:30
	You know, no matter where he builds on that side, he's gonna be closer to the water.	00:33:31
	Right.	00:33:35
	Exactly.	00:33:37
	What hardship exists? The variance is denied.	00:33:38
	There is no legal hardship.	00:33:41
	Are the projects harmful in any way the public's interest?	00:33:48
	Yes, CD in our letter.	00:33:52
	According to the additional runoff and such.	00:33:55
	Does the board have sufficient information to make a decision as request?	00:33:59
	Yes.	00:34:03
	Does the Board believe the appellant request to the ordinary high watermark set back provisions? The ordinance meet the criteria	00:34:05
	that is necessary in order to grant the area of variance request.	00:34:09
	No, no.	00:34:14
	So if the board makes the findings necessary to grant the variance request in this case, are any conditions of approval necessary	00:34:21
	in this case?	00:34:24
	To mitigate any potential adverse impacts and result from other projects.	00:34:27
	No, no, no.	00:34:32
	Bill.	00:34:37
	Area variance. Ordinary high watermark setback provisions.	00:34:41
	I'm looking for a motion to either approve or deny the variance.	00:34:44
	For the to the high water.	00:34:48
	High watermark set back.	00:34:50
	I move to deny the.	00:34:52
	Variance the ordinary high.	00:34:54
	High water set back provisions.	00:34:56
	2nd.	00:34:58
	Motion by John, second by Russ.	00:35:00
	Any discussion?	00:35:02
	If not, I'll call the robot.	00:35:07
	Mark yes.	00:35:09
	The motion is 39. So yeah, John, yes.	00:35:11
	Yes, Rodney, Yes.	00:35:15
	Myself, yes.	00:35:18
	He's also the voters.	00:35:19
	5 to 0 so.	00:35:21
	The motion carries to deny the variance.	00:35:23
	Proposed.	00:35:27
	So I guess if you want to consult with them about.	00:35:45
	Different things you can do you have to contact.	00:35:47
	Information. We'll be able to get help from somebody, certainly.	00:35:52
	Thank you.	00:35:56
	Just one place.	00:36:06
	Well, we'll have to. I'll pull back the other one for you.	00:36:07
	Actually only one.	00:36:11
	I think it's only one other.	00:36:17
	I don't think they gave us one back here.	00:36:21
	I think it was just one signature block.	00:36:23
	OK, then we'll go to our next one.	00:36:25
	Notices hereby given that a public hearing will be held by the Dodge County Board of Adjustment Thursday, July 17th.	00:36:31
	2025 at 7:15 or shortly thereafter on the first floor.	00:36:38
	For the Dodge County administration building, Juno, Wisconsin.	00:36:42
	And the appeal of Brian?	00:36:46
	For a variance request to the terms of the highway set back preparedness.	00:36:48
	For the Dodge County Highway to set back ordinance to allow an attached garage.	00:36:52
	That does not. That does not meet the right of way set back.	00:36:57
	The request is a variance to subsection 4.2.	00:37:00
	And table 1-1.	00:37:03
	Of the Dodge County Highway set back ordinance.	00:37:05
	Property location Lot 7 block to Burnett Junction, the Southeast Quarter, SE quarter, Section 16.	00:37:09
	Town of Burnett.	00:37:16
	Dodge County, Wisconsin, the site address being.	00:37:18
	W6172 Main St.	00:37:21
	A copy of the proposed petition is available for review.	00:37:25
	In County Land Resources and Parks Department, 3 hours of 8:00 AM and 4:30.	00:37:28
	Monday through Friday.	00:37:33
	All persons interested are invited to attend and be heard.	00:37:34
	Written comments may be submitted to the Dodge County Land Resources and Parks Department at.	00:37:38
	127 E Oak St. Juneau, WI over by e-mail.	00:37:42
	No later than July 16th, 2025.	00:37:46
	Dodge County Board of Adjustment by William House, chairman.	00:37:49
	Need a staff report? Certainly Sir.	00:37:53
	County's jurisdiction The county has jurisdiction over.	00:37:56
	The site is a town of Burnett has adopted the county's Hwy. set back ordinance.	00:37:59
	Subsection 2.3. Point 12. Point A and 2.3.	00:38:03
	12 point.	00:38:08
	G of the Dodge County Land Use Code details the procedural matters.	00:38:09
	And approval criteria for the variance process.	00:38:14
	The board should hold a public hearing on each variance application and following the public hearing.	00:38:17
	Act to approve, approve with conditions or deny the variance.	00:38:22
	Based upon the approval criteria of section.	00:38:25
	2.3 point 12 point E.	00:38:28
	Appellants request.	00:38:30
	Application for a variance request was submitted.	00:38:32
	By the applicant on June 12, 2025 for request to the terms of the.	00:38:35
	Highway set back provisions.	00:38:40
	Of the Dodge County.	00:38:42
	Highway set back ordinance to allow.	00:38:43
	For an attached garage that does not meet the right of way setbacks.	00:38:45
	As proposed, the project will be 24.5 feet.	00:38:50
	From the right of way.	00:38:53
	Of 2nd St. and.	00:38:54
	52 feet from the centerline of 2nd St.	00:38:56
	Or.	00:38:59
	5 within the required.	00:39:01
	Right of way road right away, set back and eight feet.	00:39:03
	Within the center line set back, thus prohibited by the code.	00:39:06
	Dodge County highway set back ordinance. This request is in a variance subsection 4.2 in Table 1-1 of the Dodge County Highway	00:39:11
	Setback Ordinance.	00:39:16
	The county has jurisdiction over the site of the Town of Burnett has adopted the Counties Hwy. Setback ordinance.	00:39:22
	The property property is presently being used for A2 family residential use.	00:39:27
	Physical features of this.	00:39:32
	.2.	00:39:33
	17 acre lot included gentles gently sloping topography with slopes ranging to zero to 6%.	00:39:35
	Personal contains A2 family residence.	00:39:42
	General character of the surrounding land use consists of a single.	00:39:47
	And two family residential structures.	00:39:51
	There are two existing structures in the surrounding neighborhood. There are other suits.	00:39:53
	Structures in the surrounding neighborhood with similar Rd. setbacks as the one proposed.	00:39:58
	With this application.	00:40:02
	Property includes the following non conforming structure structures or use.	00:40:04
	Two family residential within the designated St. and Town Road right away set back to both Main and 2nd St.	00:40:08
	Approximately 4 to 9 feet.	00:40:15
	To the right of way.	00:40:17
	On June 6th.	00:40:18
	An application for as a Dodge County land use permit was made by the appellant.	00:40:20
	In order they be allowed to construct a 25 by 34 attached garage. This permit was denied by the county's land use Administrator	00:40:23
	for the following reasons.	00:40:28
	Subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back Ordinance.	00:40:33
	Refer to the required minimum set back.	00:40:38
	Distances for structures.	00:40:40
	The parcel in question lies to the northwest.	00:40:42
	Of the intersection of Main Street and 2nd St. in the town of Burnett.	00:40:45
	Both roads are classified as designated roads.	00:40:49
	Which require a minimum set back.	00:40:52
	27 feet from the road right away and 60 feet from the center line of the road as proposed. The attached garage lies 24.5 feet.	00:40:54
	From 2nd Street Rd. right away.	00:41:03
	And 52 feet from the centerline.	00:41:06
	Thus proposed the structures 2.5 feet closer than the allowed.	00:41:10
	Within the road right away.	00:41:14
	Set back and eight feet closer than the allowed.	00:41:16
	Then allow it to the center line as.	00:41:19
	Allowed by the Dodge County.	00:41:22
	Highway septic ordinance and therefore is prohibited.	00:41:24
	The appellate is requesting a.	00:41:27
	Area An area of variances section subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back ordinance.	00:41:29
	There's no town response purpose statement.	00:41:35
	The highway set back provisions of the county highway set back ordinance for board a variety of public.	00:41:39
	Purposes such as.	00:41:44
	Providing for light and air Fire Protection.	00:41:46
	Traffic Safety prevention of overcrowding.	00:41:49
	Solving drainage problems.	00:41:52
	Protecting the appearance and character of the neighborhood.	00:41:53
	And for conserving property values, the highway set back provisions also provide a uniform set back for all structures along roads	00:41:56
	within the county.	00:42:01
	In order they provide safe visibility while entering or exiting a site.	00:42:05
	And to say taxpayers of Dodge County from.	00:42:10
	Purchasing non conforming structures located within the highway set back lines.	00:42:13
	Then when those structures need to be removed for the.	00:42:17
	Highway improvement.	00:42:20
	Projects.	00:42:23
	Staff believes that the appellant is requesting an area variance this.	00:42:25
	To subsection 4.2 in Table 1-1 of the Dodge County Highway Set Back ordinance.	00:42:28
	Staff points out that the board does not have summary powers to ignore.	00:42:33
	Ordinance provisions.	00:42:37
	Or objectives the burden.	00:42:38
	Also falls on the.	00:42:40
	Talents who convincingly demonstrate.	00:42:41
	To this board that a literal enforcement of the.	00:42:44
	Dodge County set back ordinance.	00:42:47
	Requires.	00:42:49
	Regulations would.	00:42:50
	Resulted in unnecessary hardship. That the hardship is due to special conditions.	00:42:52
	Unique to the property and if granted.	00:42:56
	The variance would not be contrary to the public interest.	00:42:58
	If the board should determine the highway set back provisions of the code are unnecessarily burdensome in this case.	00:43:01
	The board should also consider the.	00:43:06
	Cost to the town.	00:43:08
	And the public.	00:43:09
	Of having to purchase the structure in the future and wouldn't.	00:43:10
	If the structure would need to be removed for Hwy. improvement, relocations of variance agreement may be required.	00:43:16
	By the town of.	00:43:22
	Thank you.	00:43:27
	Thank you, Palin. Please step forward.	00:43:28
	Andy, do you have a?	00:43:30
	Enough. You're still on the other phone.	00:43:32
	Who?	00:43:35
	Brian Steiner.	00:43:42
	Pardon Brian Steiner.	00:43:43
	Is there anything you would like to add?	00:43:46
	Timing to.	00:43:48
	To the record.	00:43:51
	I'm sorry.	00:43:53
	Is there anything?	00:43:54
	That regarding your request that you would like to add to the record at this no and everything's pretty much.	00:43:55
	In the in the file in the.	00:44:01
	What I submitted.	00:44:05
	I mean, I don't think there's anything else I really need to say.	00:44:06
	Besides, I would like to build a garage and.	00:44:10
	Put a couple of vehicles in it.	00:44:14
	There was already a.	00:44:19
	Structure there, like I said, if.	00:44:20
	It's everything's in here.	00:44:22
	I'm really nothing more to add.	00:44:23
	Is there anyone in attendance that would like to speak in favor of variance request before the board?	00:44:27
	Please step forward and.	00:44:33
	State your name for the record.	00:44:35
	My name is Tim Fletcher.	00:44:45
	I'm the town chairman.	00:44:47
	For the town of Burnett and also.	00:44:49
	Neighboring property owner.	00:44:52
	And I'm having a hard time understanding.	00:44:53
	How the?	00:44:56
	Town or the?	00:44:58
	County got involved in this when the Town of Burnett issued the man a permit.	00:44:59
	He started his footings.	00:45:03
	And all of a sudden.	00:45:05
	Somebody squeals.	00:45:06
	That there's a problem.	00:45:08
	Which we don't see any problem. The town issued the permit.	00:45:10
	It's not anywhere near.	00:45:13
	Future road construction.	00:45:16
	I'm not, I'm just a little bit puzzled at where this problem came in.	00:45:18
	Thank you.	00:45:24
	Is that it? That's all I have to say. I mean, I, I got another guy here with me. That's our land use administrator and I think he	00:45:25
	might want to talk as well.	00:45:28
	John Peachey.	00:45:46
	Tony Burnett.	00:45:47
	Land Use Administrator.	00:45:48
	This is not an unreasonable request for Mr. Steiner. I would like to go on record.	00:45:51
	Saying that the town would be in favor of it, and I personally am in favor of it.	00:45:57
	I looked at some old pictures from the history of Burnett and there was a garage there that he removed 70 years ago and 80 years	00:46:02
	ago.	00:46:06
	There was an existing garage. He's about a four year.	00:46:09
	Resident of our Township.	00:46:13
	And he's cleaning it up, He's making it nicer, he's trying to make it better. And he's also.	00:46:15
	Increasing the tax base for the community to.	00:46:19
	Have an extra pool of resources available from.	00:46:22
	I can't see where this causes unreasonable hardship for any neighbors.	00:46:25
	And certainly not for anyone.	00:46:29
	Beyond.	00:46:31
	But I also.	00:46:33
	Would like to know how far short he is from the highway. Set back what? What does he fall short of?	00:46:35
	That was outlined in the staff report.	00:46:43
	But I will. I did hear it when I.	00:46:45
	I just would like to have it here again.	00:46:48
	Sure.	00:46:50
	So he is proposing to be 24.	00:46:51
	.5 feet from the right of way.	00:46:54
	And.	00:46:58
	That's about 2 1/2 feet too close to the right of way and also the center line.	00:47:00
	He is proposing to be 52 feet and he is 8 feet short on that.	00:47:04
	OK. And if he was a neighbor?	00:47:09
	Down one to the east.	00:47:12
	One property down or two properties down? Where are we exempt from?	00:47:13
	The highway set back, Where does it end?	00:47:18
	Well, the town of Burnett.	00:47:21
	Adopted the whole Township. Adopted the whole.	00:47:23
	Highway set back ordinance. I am aware of that.	00:47:27
	So there's no really exemption.	00:47:30
	It's just it goes all the way.	00:47:33
	To the end of the Township line, you might say correct.	00:47:35
	OK. So if as they continue to remodel 26.	00:47:38
	Are you measuring from the center of the highway of 26 or not at all? We measured from the center line and the edge of the right	00:47:42
	away.	00:47:45
	So if we continue to expand the highway and make it bigger, there's a center line change from years ago or does it stay the same?	00:47:49
	I depends on where they put the road. I don't know.	00:47:56
	But the the right of way if they expand the right away then.	00:48:00
	That slap back, it's a tool. A dual set back. You have to meet both of them, the centerline and the right of way set back.	00:48:03
	OK. There's another thing I'd like to call to the Board's attention here tonight.	00:48:10
	There's 5 land owners.	00:48:14
	That are right in his neighborhood. He's here about four years.	00:48:16
	Out of the five, one guy is there about 20 years, but there's three.	00:48:20
	Relatively new land owners.	00:48:24
	And everyone seems to like to squabble over lot lines. And they're young, they're first time homeowners in a lot of cases.	00:48:27
	And there's been a lot of struggles here with lot lines, and I think there's one disgruntled person who called this in.	00:48:34
	We recently had an instance where in the same.	00:48:41
	Area we're discussing a central area unit had to get removed.	00:48:44
	And then it got.	00:48:48
	Repositioned.	00:48:49
	Whoever called this in has an axe to grind.	00:48:52
	And if you make it difficult for him, it'll just be 6 months and they'll be down here again with something else.	00:48:55
	Please keep that in.	00:49:00
	Consideration when you guys make your decision tonight, but I believe he's not causing hardship for anyone.	00:49:02
	And I firmly believe that it's a reasonable request.	00:49:08
	It's far from unreasonable.	00:49:11
	Hey, thank you.	00:49:12
	Anyone else in the audience that would like to speak in?	00:49:15
	Favor of this variance request.	00:49:19
	Is there anyone else in the audience that would like to speak in favor of this variance request?	00:49:22
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:49:28
	Is there anyone in the audience that would like to speak?	00:49:35
	In opposition to this variance request.	00:49:39
	Is there anyone in attendance that would like to speak in opposition to this variance request?	00:49:43
	Is there any written we have?	00:49:49
	OK. Does the board have any questions of the appellant?	00:49:51
	With the appeal, would like to make a final statement for the record.	00:49:59
	I just want to say that I'm.	00:50:02
	Just want to put.	00:50:06
	A garage back where there was a garage previously.	00:50:07
	That's all I really wanted to.	00:50:10
	It would really dress up.	00:50:13
	It the way it looks if anyone went by him.	00:50:15
	Looked at the back of the residence, it could really use a little.	00:50:19
	Polishing up and that's what I want to do by adding.	00:50:24
	Garage where there was one previously.	00:50:27
	And by making me.	00:50:31
	Move it out.	00:50:33
	Which?	00:50:34
	They already said I could do but that's.	00:50:34
	That defeats the purpose of.	00:50:37
	Putting it adding it to the house where it was already.	00:50:41
	Just that's all I wanted to do.	00:50:44
	Put it back was.	00:50:46
	Thank you.	00:50:49
	They sent that prepared to close the public hearing.	00:50:51
	This variance request in.	00:50:55
	Go to Conclusions of the law.	00:50:58
	Yeah.	00:51:02
	The appellant request to subsection 4.2 and Table 1-1, the county's Hwy. set back ordinance.	00:51:06
	That refer to the set back for public roads.	00:51:12
	Yes, yes.	00:51:14
	Is there physical limitation that is unique to this property that prevents the appellant from complying?	00:51:17
	With the highway set back provisions of the ordinance.	00:51:22
	Yes.	00:51:25
	The location of the existing.	00:51:28
	22 family building.	00:51:30
	Are the highway set back provisions of the ordinance unnecessarily burdensome in this case?	00:51:45
	Thereby creating a hardship.	00:51:50
	Yes, because yes.	00:51:52
	The existing building is.	00:51:54
	Going to be closer than what he's adding on.	00:51:56
	Does the appellant have other options available to complete this project in compliance with the ordinance?	00:52:12
	Not to make it attached, no.	00:52:20
	What hardship exists? The variance is denied.	00:52:36
	Can't build.	00:52:39
	Great.	00:52:41
	Is a project harmful in any way the public's interest?	00:52:53
	No, no.	00:52:57
	Does the board have sufficient information to make a decision this request?	00:53:26
	Does the Board believe the appellants arrange request a highway set back provisions on the ordinance meets the criteria?	00:53:30
	Is necessary in order to grant the variance request.	00:53:36
	Yes, yes.	00:53:39
	So if the Board can make findings other necessary in order to grant the variance request in this case, are any conditions of	00:53:41
	approval necessary in this case to mitigate any potential adverse impacts?	00:53:46
	Result from this proposal.	00:53:52
	Development.	00:53:54
	Project.	00:53:55
	No, no, I mean the staff reported, said the town.	00:53:58
	You know, if the town or Burnett wanted to.	00:54:01
	The thing but.	00:54:05
	As we heard from the Chairman, they don't have any. They don't.	00:54:06
	Feel that's necessary so.	00:54:09
	I would say no.	00:54:10
	OK.	00:54:17
	Area variance, Hwy. set back provisions.	00:54:19
	Looking for a motion to either approve or deny.	00:54:22
	The variance request based on the previously mentioned findings and conditions also move.	00:54:25
	Approved.	00:54:31
	Second it.	00:54:33
	Motion is made to approve.	00:54:41
	To any discussion.	00:54:43
	If not, I'll call the roll Rodney.	00:54:48
	Yes.	00:54:50
	Russell. Yes, Mark.	00:54:52
	Yes, John, yes.	00:54:53
	Myself, yes.	00:54:56
	The result of the vote is.	00:54:57
	Zero and so.	00:55:01
	The variances.	00:55:04
	Granted. Proposed.	00:55:06
	And the Land Use Administrator is directly as a land use permit incorporated into the.	00:55:10
	So it's approved.	00:55:21
	Thank you so much.	00:55:23
	I appreciate it.	00:55:25
	In other business, we have two petitions for next month.	00:55:32
	One in Oak Grove.	00:55:36
	Which is enough. It's no, it's different. It's, it's an appeal to our.	00:55:38
	A decision to enforce an ordinance.	00:55:43
	So.	00:55:45
	And then the other one is on Fox.	00:55:46
	So lastly.	00:55:50
	For the second in Fox Lake.	00:55:53
	You can't keep a settled around.	00:55:57
	Shall we adjourn? Just a quick can I have a question? Quicker, certainly.	00:56:05
	Since Mr. Fletcher is the chairman of Burnett that he didn't seem to understand.	00:56:10
	You know the counties.	00:56:15
	Being involved in this.	00:56:16
	Is there?	00:56:18
	Way for the.	00:56:21
	Department to.	00:56:22
	Get more information to the.	00:56:26
	Various townships that they would, you know, that they would understand. I mean, you're not.	00:56:28
	You're not doing something or we're not trying to do something that.	00:56:32
	Overrides them. It's just it's part of the law and I guess.	00:56:35
	They adopted that ordinance and and we can certainly run through that stuff with them if if that's what.	00:56:39
	The fact that he didn't understand what it was seems to be.	00:56:47
	A little concerning to me.	00:56:50
	Understood.	00:56:52
	Otherwise I move to.	00:56:58
	Second, all in favor?	00:57:01
	All right.	00:57:03
	Motion is.	00:57:04
	Carried meeting is adjourned.	00:57:05