Transcript

Event transcript
We are recording. 00:00:03
Yeah. 00:00:05
John. 00:00:10
Needs to be signed. 00:00:25
Meeting of the Dodge County Board of Adjustment is hereby call to order. 00:01:26
Roll call Mark Otzmer. 00:01:29
John Cena key here. 00:01:32
Russell cut key here. Rodney adjustment here. 00:01:33
Luminous myself here we got. 00:01:36
A quorum is present. 00:01:39
Can the staff confirm compliance with the open meetings law? 00:01:42
Can confirm Sir. 00:01:45
Are there any county board members there that are not members of the committee? 00:01:47
Yes, could I have your name please? 00:01:51
Roger. 00:01:53
I'm sorry. 00:01:54
Roger Rifle. 00:01:55
District 7. 00:01:57
Did you want to get compensated for this? 00:01:59
Are there any changes to the agenda? 00:02:11
None, Sir. 00:02:13
Review the minutes from the last meeting. 00:02:15
So 14th. 00:02:18
Also move to approve. 00:02:21
I will second it. 00:02:22
Any discussion? 00:02:24
Hearing none all in favor say aye. 00:02:27
Aye, opposed. 00:02:29
Motion is carried. The minutes are approved. 00:02:31
Like to ask the staff to. 00:02:34
Please read the hearing procedures for tonight's. 00:02:35
Public hearings. 00:02:38
We are meeting today to hear requests of the modification of the Dodge County Land Use Code. 00:02:40
We have a series of two public hearings tonight and the procedure for these hearings will be as follows. 00:02:45
The chairman of the Board of Adjustment will read the public hearing notice. 00:02:51
After which, a staff member from the Dodge County Land Resources and Parks Department will read a. 00:02:55
Report that has been prepared by the county staff. 00:03:00
Regarding the request for before the board following the. 00:03:02
Staff report the opponent or and or their agent will be asked to come before the board. 00:03:06
The appellant will be asked to state their name before the for the record. 00:03:11
And they may present their case to the board or add any additional information to the record. 00:03:15
If you wish to speak, you will be asked to stepped up into the microphone, which is located in the center of the room and state 00:03:23
your name and address for the record and to state your position regarding the request. 00:03:29
Before the Board, please address your comments and questions to the Board and not to the appellant. 00:03:35
You'll be only allowed to speak once, so please be prepared to present all of your concerns and questions. 00:03:40
To the board as. 00:03:46
When you speak. 00:03:48
After those in attendance have spoken. 00:03:49
Written questions. 00:03:51
Written correspondence Questions to the Board. Our correspondence has been received by the Board. 00:03:53
Or, which has been collected by the board during the on site visits will then be read into the record. 00:03:59
The board will have an opportunity to ask the appellant any questions. 00:04:05
Following the board's questions, the appellant will be allowed to give a final statement for the record. 00:04:10
After receiving all of the testimony, the board will be. 00:04:15
Then deliver it. 00:04:18
Deliberate and make a decision to grant granted part or deny the variance request. 00:04:20
And if approved, they may place conditions on the approval. 00:04:25
If they feel necessary to address or mitigate any potential adverse impacts. 00:04:29
The proposal may have on the adjacent properties or the Community. 00:04:34
If the variance is approved, the staff will be directed to issue the land use permit incorporating those conditions approved by 00:04:39
the board. 00:04:42
Any person or persons agreed by. 00:04:45
Any decisions of the Board of Adjustment may present. 00:04:48
Present to a court of record a petition. 00:04:51
Duly verified setting forth such. 00:04:54
That such decision is illegal and specifying the grounds of the illegality. 00:04:57
Such petition shall be presented to the Circuit Court in this county within 30 days after the filing of the decision. 00:05:02
In the Office of the Board of Adjustment. 00:05:09
The county assumes no liability and makes no warranty. 00:05:12
As to the reliance on any decision if the construction is commenced. 00:05:16
Prior to the expiration date. 00:05:20
Of this 30 day period if during this meeting procedural questions. 00:05:22
Or other points of order arise the decision. 00:05:27
The final decision of this board may be postponed until more information is gathered. 00:05:30
Considered and properly acted upon. 00:05:34
Thank you, Andy. 00:05:40
Notice is hereby given that a public hearing. 00:05:43
Will be held by the Dodge County Board of Adjustment and Thursday, August 21st, 2025 at 7:00 PM. 00:05:45
Or shortly thereafter in the first floor of the Dodge County Administration Building, Juneau, WI. 00:05:52
On the appeal of Nicholas and Regina Test A. 00:05:58
Custody for it. 00:06:01
For an administrative appeal to the terms of keeping non household pets provisions. 00:06:04
Of the Dodge County land use code. 00:06:10
To allow keeping of animals that are not household pets with any planet subdivision. 00:06:12
Where they are not currently allowed per subsection 6 point 3.5 point. 00:06:17
A of the Dodge County land. 00:06:23
County land use code. 00:06:27
Property location. 00:06:30
S 40.5 feet of lot 10 in all of lot 11 block 1. 00:06:32
Jobs wardens addition to Minnesota Junction. 00:06:37
Northeast quarter of the southwest quarter of Section 3. 00:06:41
Town of Oak Grove, Dodge County. 00:06:45
Wisconsin, the site address of the. 00:06:47
Being in 7035 State Road 26. 00:06:49
A copy of the proposed petition is available for review. 00:06:55
In a county land resource and Parks Department between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:06:59
Whole person's interests that are invited to attend and be heard. 00:07:07
Written comments may be submitted to the Dodge County Land Resources and Parks Department. 00:07:10
At 127 E Oak St. Juneau, WI. 00:07:15
Or by e-mail no later than August 20th, 2025. 00:07:18
Dodge County Board of Adjustment by William Nass, Chairman. 00:07:22
Would you read the staff report at this time? Certainly. 00:07:26
Appellants requests an application for an administrative appeal to this. 00:07:30
Of a decision of the Dodge County Land Use Administrator was submitted by the applicant on June 20. 00:07:33
2025 to allow continued keeping of animals that are. 00:07:39
Not household pets within a platted subdivision where they are not currently allowed. 00:07:43
Per subsection 6.3, point 5.8 of the Dodge County Land Use Code. 00:07:48
The county has jurisdiction over the site as a Town of Oak Rd. has adopted the county's land use code. 00:07:53
Review Criteria subsection 2.3, point 8. 00:07:59
13 point A through. 00:08:03
2.3 point 13 point F The Dodge County land use code details procedural matters. 00:08:05
The format of an appeal. 00:08:11
Appeals of a decision. 00:08:13
Of any review and decision making body shall be made to the Board of adjustment. 00:08:15
Unless otherwise provided. 00:08:20
In four in the code. 00:08:21
Such appeals shall be filed with. 00:08:24
Department. 00:08:26
Or the review and decision. 00:08:27
Making body within 30 days after the date of the written notice. 00:08:30
Of the decision. 00:08:34
Or. 00:08:36
Of the review. 00:08:37
And decision making body the board. 00:08:38
So hold the public hearing on each appeal and follow following Public Hearing Act to approve. 00:08:40
Or deny the appeal. 00:08:46
The concurring vote is of a majority of the board. 00:08:49
Shall be necessary to reverse any order. 00:08:52
The requirement. 00:08:56
Decision or. 00:08:57
Determination of the land use administrator or. 00:08:58
The committee. 00:09:02
Or to decide in. 00:09:03
Favor of the applicant on any matter of a pond. 00:09:04
Which it is required to pass under the code. 00:09:08
Any further appeal of the decision made? 00:09:12
Made by the board of adjustment shall be made to the courts. 00:09:14
As provided by law unless otherwise provided. 00:09:17
For in the code. 00:09:21
Reason for appeal? Land use code interpretation. 00:09:23
According to the administrative appeal. 00:09:26
Application The applicant is requesting an appeal. 00:09:28
Of the Dodge County land use. 00:09:32
Code sections. 00:09:34
6.3 point 5.8. 00:09:36
In a platted residential subdivision, no animals other than household pets. 00:09:38
So be allowed. 00:09:42
In the decision. 00:09:44
Made by the Dodge County Land Unit. 00:09:46
Use Administrator on May 22nd. 00:09:48
2025 and filed with the Land Resources and Parks Department on June 2025. 00:09:51
For activity #2025. 00:09:57
0590. 00:10:00
While general farming is allowed in all. 00:10:05
Zoning districts. 00:10:07
Per table 3.6, dash 1. 00:10:08
The fact that this property is within a platted subdivision makes the keeping of non household pets. 00:10:12
Not allowed. 00:10:17
Relief being sought by the applicant. The applicant is requesting. 00:10:19
The Board of Adjustment to overturn the May 22nd, 2025 decision of. 00:10:23
Dodge County Land Use administrator to. 00:10:28
To allow the continued keeping of non household pets and livestocks within the planted subdivision. 00:10:30
Features. 00:10:36
The County has jurisdiction over this site as a Town of Oak Grove is adopted the county's land use code. 00:10:38
The property is currently zoned R1 single family Residential. 00:10:43
The property is designated as single family residential on the Future Land Use map. 00:10:47
The property is currently being used for residential use and contains a home. 00:10:53
With an attached garage and a detached accessory structure. 00:10:58
Physical features of this 1.39 acre lot includes sloping topography with slopes ranging from 2 to 14%. 00:11:01
The subdivision. 00:11:10
Job A Wardens Additional. 00:11:12
Addition to Minnesota Junction that created this parcel was completed in 1874. 00:11:14
Residential use in 1874 often included keeping of a lower number of livestock. 00:11:20
Or farm animals to supplement the owners food supply. 00:11:25
The the Town of Oak Grove has adopted Dodge County land. 00:11:30
Code on April 11th, 1978. 00:11:33
The general character. 00:11:37
Of the surrounding land use consists of single family residences to the north-south. 00:11:39
In the east, while an agricultural field is located to the West. 00:11:44
Owners currently have 4 weather goats and 25 chickens, including one small breed rooster. 00:11:48
Whether goats are known to have a calmer demeanor? 00:11:55
Than intact male goats. 00:11:58
Violation history. 00:12:01
Our office received 2 complaints regarding the keeping of livestock. 00:12:03
And non household pets on the property. 00:12:07
No animals were observed. 00:12:09
After the March 27, 2025 complaint. 00:12:11
A notice of complaint was sent to the owners after the May 8th, 2025 complaint. 00:12:15
On May 15th, Regina Cassatti. 00:12:21
Call our office and confirm that farm animals are kept on the property. 00:12:24
As the previous owners had done. 00:12:28
On May 22nd, 2020. 00:12:30
5A notice of violation was sent to the owners as a result of that conversation. 00:12:33
The options. 00:12:38
To resolve the violations were outlined in that notice. 00:12:39
Applicable. 00:12:43
Provisions in this case. 00:12:45
3 point. 00:12:47
One point. 00:12:48
Two point. 00:12:49
Our one single family residential the purpose of the R1 single family residential district is to. 00:12:50
Promote General. 00:12:56
Generally exclusive low density single family residential. 00:12:58
Areas and accommodate use is appropriate to serving. 00:13:01
Residential developed. 00:13:05
Development. 00:13:06
Subject to appropriate standards. 00:13:07
Chapter 12. 00:13:10
Terms defined. 00:13:11
Pets, comma, household. 00:13:13
Non small, non venomous animals or reptiles commonly found in the residences such. 00:13:15
As pets such as dogs, cats, songbirds and other. 00:13:21
Small animals, providing that they are not raised or reared for commercial resale or as a source. 00:13:25
Of Staples supplement. 00:13:31
Household pets shall not include. 00:13:33
Horses, chickens, cows, goats, sheep. 00:13:35
Swine or other large venomous. 00:13:38
Animals or reptiles not commonly found in residences. 00:13:42
Pets. 00:13:47
Pet and Animal Regulations 6.3. Point 5.8. 00:13:49
Implanted in a. 00:13:53
Planted residential subdivisions. 00:13:55
No animals other than household pets shall be allowed. 00:13:57
Violation. 00:14:01
On May 15th. 00:14:02
The owner confirmed that they were keeping non household pets and other. 00:14:04
And animals on the property. 00:14:08
Section 3. 00:14:10
6.3 point 5.8. 00:14:11
Implanted residential subdivisions, No. 00:14:14
Animals other than household pets should be allowed. 00:14:16
The applicant is requesting an appeal to the decision of the county's land use administrator. 00:14:19
Regarding the enforcement of Section 6.3, point 5.8 of the Dodge County Land Use Code. 00:14:24
We got no response from the Township. 00:14:31
A purpose statement Our one single family residential zoning district is intended to provide a quiet, safe and orderly environment 00:14:36
for residential living characterized by low density. 00:14:41
Development consisting primarily of single family homes and limited residential accessory uses. 00:14:47
The district is designed to separate residential areas from incompatible land uses, including. 00:14:53
Agricultural operations and the keeping of farm animals, which may generate noise, odor. 00:14:59
Traffic or other impacts inconsistent with a suburban or urban residential setting. 00:15:04
The R1. 00:15:09
District serves to protect the. 00:15:11
Health Safety. 00:15:13
And general welfare of residents by maintaining. 00:15:14
The residential character of the neighborhood and ensuing land uses. 00:15:19
Are compatible with the intent. 00:15:24
Of the Dodge County land use code. 00:15:26
Staff Advisory staff points out that the board. 00:15:29
Does not have summary powers to ignore the ordinance, provisions or objectives. The burden also falls on the appellant to 00:15:32
convincingly demonstrate. 00:15:36
To the board that a literal enforcement of the land use Code regulations would result in an unnecessary hardship. 00:15:40
And the hardship is due to the special conditions. 00:15:46
Unique to the property and if granted. 00:15:48
The variance would not be contrary. 00:15:50
To public interest. 00:15:52
It is important to note that the. 00:15:53
Owners could comply with the regulations noted above by removing the non household farm. 00:15:55
Animals from their lot. 00:16:01
Residential use in 1874, when this property was planted, often included the keeping of a lower number of livestock. 00:16:04
Or farm animals to supplement the owners food supply. 00:16:11
If the board is able to make the definings to reverse. 00:16:15
Or reverse with conditions the decision of the Dodge coming land use administrator. 00:16:19
Staff believes the following conditions would be. 00:16:24
Would help mitigate the potential adverse effects of the use in question. 00:16:26
1. 00:16:32
Manure. 00:16:33
Collection stacking and spreading is to be done in a way to minimize possible. 00:16:34
Conflict with the neighboring wetlands and houses. 00:16:38
A plan is to be submitted and. 00:16:42
To be submitted and approved. 00:16:44
By the land use. 00:16:46
Their Land, Resources and Parks Department. 00:16:48
The number of animal units shall be. 00:16:50
Limited to the current level as stated within this report. 00:16:53
And all male goats are kept on the property. 00:16:56
RTB Weather Goats. 00:17:00
Thank you, Andy. 00:17:04
Could the appellant please step forward? 00:17:07
Can you both come? 00:17:23
OK. 00:17:24
Would you please state your name for the record? 00:17:29
Sorry. 00:17:32
Regina Casati. 00:17:34
Is there any information regarding your request that you would like to add to the report at this time? 00:17:37
I prepared this evening as. 00:17:44
Well, we are the deciding family. 00:17:50
My name is Nick and this is my wife, Regina. 00:17:52
I have 4 kids. 00:17:54
We live at North 7035 State Rd. 00:17:56
26. 00:18:00
We have lived at the residence for three years this October. 00:18:01
We are homeschooling family. 00:18:05
Regina does a great job teaching our children. 00:18:06
During the school year. 00:18:09
But it doesn't end there. 00:18:10
Whether they're tapping Maple trees. 00:18:12
To make sure capturing caterpillars. 00:18:14
To later release his monarch butterflies or caring for animals. There's a lot of learning and habits in our house. 00:18:17
That brings us to why we are here. 00:18:24
You see, my kids don't have tablets. 00:18:27
Or play video games. 00:18:29
We teach chores and hard work. 00:18:30
As well as hands on learning. 00:18:32
In the last several years, our children, my wife and I. 00:18:34
Have raised baby chicks. 00:18:38
Hatched faces from 8. 00:18:39
Bottle fed baby goats. 00:18:41
And kept our animals. 00:18:43
And birds. 00:18:44
Fed water and clean. 00:18:46
We moved to the country to give our children opportunities like these. 00:18:48
When we moved into our house in Juneau, we did not know that the house was. 00:18:51
Part of a planet subdivision. 00:18:55
Therefore. 00:18:57
Therefore, we are seeking. 00:18:59
Relief from the restrictions placed on our residential property in order to practice general farming. 00:19:01
Thank you. 00:19:09
Is there anyone in attendance that would like to speak in favor of this variance request? 00:19:10
Step forward, please. 00:19:16
Take your name for the record. 00:19:24
And Bill Quants. 00:19:28
Address is N 7031, Highway 26. 00:19:30
Currents KUNTZ. 00:19:36
And I live just South. 00:19:42
Thank you. 00:19:44
I have no problem with. 00:19:48
The animals. 00:19:50
And kind of like them actually. 00:19:52
They don't bother me. 00:19:59
So I think they should be able to keep them that's. 00:20:02
OK. Thank you. 00:20:09
Anyone else that'd like to speak in favor of this request? 00:20:11
Your name please? 00:20:22
Roger Fry Vault. 00:20:24
WI didn't get your last name frivolt Fr IE V as in Victor, al T as in Tom. 00:20:25
W6213 State Road 33. 00:20:36
Just around the corner. 00:20:38
I am also the District 7 supervisor. 00:20:40
I went to the property. I checked it out. 00:20:43
I didn't have any. 00:20:47
I didn't hear any loud. 00:20:49
Anything. As you can see, the barn is actually on the far property line, the South property line. 00:20:51
And you mentioned that there was another structure. It's a barn. It's a big, it's a big old barn that the previous owners kept 00:20:58
animals into. And I have, I'm absolutely in favor of them being able to keep the animals. 00:21:04
And it's it's set up for animals and. 00:21:10
The like I said there was number. 00:21:14
There was number foul odor. There were no loud sounds. 00:21:16
Is actually set up quite nicely to keep animals in, so I'm definitely in favor of it. 00:21:20
Thank you. 00:21:24
And as stated before. 00:21:26
When the subdivision was set up in the 1870's, the intent was. 00:21:29
For people to be able to keep animals, which is why it's so nice. 00:21:33
For that. 00:21:37
Anyone else here that would like to speak in favor? 00:21:41
Hi my name is. 00:21:50
Doctor Isaac Fisher. 00:21:51
I live at 7:09 Stowe St. 00:21:53
And. 00:21:57
So I am the Casadi's veterinarian. 00:21:59
Home for their goats. 00:22:02
And as far as the setup. 00:22:05
I mean so one I help them move. 00:22:07
Into the property. 00:22:09
When they first moved there. 00:22:11
There's clearly signs that there was. 00:22:14
A large variation of animals that been kept there prior. 00:22:17
To the societies. 00:22:22
Moving in of which? 00:22:23
They did a very good job cleaning up. 00:22:26
Prior to evening. 00:22:28
Getting the chickens that they have as well as the goats. 00:22:30
Since they've lived there, they've done a very good job. 00:22:34
Of maintaining the property. 00:22:37
As far as general husbandry? 00:22:39
With the goats in the chickens. 00:22:42
Yeah, and basically keeping manure contained. 00:22:46
And clean and having it not affect. 00:22:50
On basically other areas of their own land. 00:22:54
So they've done a very good job in that way. 00:22:58
So thank you. 00:23:00
Yeah. 00:23:02
Hear anyone else in the audience that would like to speak in favor of this? 00:23:05
My name is Steven Booth. 00:23:16
722 E Franklin Street will pawn. 00:23:18
I am in favor of them. 00:23:22
Keeping their animals and maintaining their homestead. 00:23:24
I personally have. 00:23:28
6 chickens. 00:23:31
Within the city limits of a pond on .18. 00:23:33
Acres. 00:23:36
The fact that they are not allowed to keep animals. 00:23:38
On almost an acre and a half seems absolutely ridiculous logically. 00:23:41
Especially since they have a barn on the property and and such a nice room to keep the animals. 00:23:46
So you know. 00:23:52
Room that I wish I had. 00:23:54
But that's neither nor there. 00:23:57
I'm just saying I'm in favor of them keeping and maintaining their homestead. 00:23:59
Well, the animals, obviously. 00:24:03
Thank you. 00:24:05
Said So what was the last name? So B0 0TH. Thank you. 00:24:06
Is there anyone else in the audience that would like to speak in favor? 00:24:13
Hi, I'm Barney is Astro from W5551 state road 33 Horicon. 00:24:17
I'm in favor of them keeping their animals because they moved to the country to be able to have this type of lifestyle. 00:24:24
And they do a great job maintaining and I can't really say that there's been a small one. I've been there. 00:24:30
So and you can. 00:24:35
Towel from the barn that it has been used for other animals, even larger animals. 00:24:37
What was the name again? Disastrous. Bonnie, thank you. 00:24:42
Anyone else in the audience that would like to speak in favor of this? 00:24:47
Variance request. 00:24:51
Is there anyone else in this? 00:24:54
Audience that would like to speak in favor of this request. 00:24:56
If not, is there anyone in the audience that would like to speak against this variance request? 00:25:01
Hello. 00:25:15
My name is Melissa Carver, I live at N7049. 00:25:16
State Road 26. I am just to the north. 00:25:20
You can see somewhat from the picture. 00:25:23
Behind my pole barn there is a. 00:25:26
Spot for. 00:25:28
Pool and a garden. I have a video. 00:25:29
From I took today of my garden. 00:25:32
The last two years my garden has been dying. 00:25:34
I have a zucchini plant. 00:25:37
That never bloomed. 00:25:39
It has little plants that rot. 00:25:40
All of my green pepper plants have grown rotten. 00:25:44
I haven't been able to make a single sauce. 00:25:47
For my spaghetti or my salsas this year because nothing is growing seven of my 12 cauliflower plants. 00:25:51
Died before it even had leaves on them. 00:25:58
The only thing I've been able to grow. 00:26:03
Is broccoli. 00:26:05
And I have a ton of it. 00:26:06
But I have. 00:26:09
Pictures and there's barely a footprint in there to show that we haven't been picking the. 00:26:10
Because nothing is growing. 00:26:15
I moved here. 00:26:17
13 years ago this week. 00:26:19
Before we bought this house, we did our research. 00:26:21
A lot of research knowing that we there wouldn't, we wouldn't be around a lot of animals. 00:26:24
My husband is extremely allergic to like everything. 00:26:29
The goats are very smelly. 00:26:34
They are very noisy. 00:26:37
And it's obviously killing my garden, which you can see from that picture. 00:26:39
Where their mountain system is. 00:26:43
Everything drains directly from those goats. 00:26:46
And goes right into my garden. 00:26:50
I can't move. 00:26:52
Garden. 00:26:53
Because there's trees everywhere else and if I move it to the other side of my backyard. 00:26:54
It's swamp, just like the end of their yard. 00:26:58
And I know this because I've known the previous owner when we first moved there, and I was friends with the neighbors after that. 00:27:01
And everybody's try to have chickens. 00:27:08
But these always come admired and I warned them because at the time I had bird dogs. 00:27:11
I only have one dog now. 00:27:15
They keep their chickens on the other side, but I do know for a fact beginning of last summer they were going above 30 chickens. 00:27:17
And I also have. 00:27:27
Pictures. 00:27:29
Of Mr. Cassia cast I saying that he's making a hobby farm. 00:27:30
And I do believe there's five votes and they are allowed and they are smelly and I've had friends leave because of it, including 00:27:36
my son's friends. 00:27:39
Who are 17? 00:27:43
Trying to play soccer because we have the yard to kick a ball. 00:27:44
That's all I have to say and I live right next door and I have proof that is is killing. 00:27:49
My my whole garden. They have a very large curtain. 00:27:55
Who I used to let them pick. 00:28:01
All the leftovers. 00:28:03
Yes. 00:28:10
Thank you. 00:28:11
Anyone else in the audience that would like to? 00:28:16
Against this. 00:28:19
Conditional use. 00:28:20
Or variance, I'm sorry. 00:28:22
And everyone else in the audience, I would like to speak against his variance request. 00:28:25
Is there anyone else in the audience that would like to speak against this variance request? 00:28:33
Is there any written? 00:28:40
No. 00:28:43
Board have any questions of the appellant? 00:28:50
Just to confirm, it is 25 chickens and five goats is what you have? 00:28:54
Foregoing never had any more than 4. You should be only three. 00:28:59
We have. 00:29:04
We have. 00:29:06
Several broody hens who are doing a nice job of raising chicks now, so. 00:29:07
I don't have a phone number. 00:29:12
Does not I mean? 00:29:15
We hover about 25. 00:29:17
I think so. 00:29:21
Any other board members have any questions? 00:29:24
No. 00:29:30
Would the appellant like to make a final statement for the record? 00:29:33
Am I allowed to respond to anything said? 00:29:38
Sure, the neighbor to the. 00:29:42
North. 00:29:45
The neighbor to the north and does have a. 00:29:47
Very large garden. 00:29:49
However, from like our gold pen, the gold pen is attached to the. 00:29:52
Back of the garage. 00:29:57
So they have an indoor area and then they have an outdoor area. 00:29:58
In the back of the garage barn. Sorry. 00:30:00
And it comes out about. 00:30:05
15 feet. 00:30:07
From the back of the farm. 00:30:08
So 15 feet from the back of the barn, from the edge of that. 00:30:10
Pen to the neighbor's garden. 00:30:14
Is. 00:30:17
150 feet. 00:30:19
I mean. 00:30:21
We're talking. It's a long. 00:30:23
Ways, I mean even from. 00:30:26
The barn to our fence, which divides us in our neighbor. 00:30:27
Is. 00:30:31
112. 00:30:36
From the fence line is 112 feet. 00:30:39
The fence line in the back. 00:30:43
Which? 00:30:45
Runs pretty much property line to the property line. 00:30:45
Give or take a foot. 00:30:48
Is 112 feet. 00:30:50
So, umm. 00:30:52
From South to north on that map. 00:30:53
The fence line. 00:30:56
Is 112 feet. 00:30:57
So the point I was saying was from the corner of the pen. 00:31:02
To the. 00:31:05
Garden. 00:31:10
Is a. 00:31:11
Angle which? 00:31:13
If that's 112. 00:31:14
Their garden is up over here. 00:31:16
Chance to be close to 150 feet. 00:31:18
I don't know how that would be. 00:31:21
Draining into. 00:31:23
Their garden or an order would. 00:31:24
Kill. 00:31:26
Is that it? 00:31:33
Do I need to say my name? 00:31:38
Yeah. 00:31:40
I would also like to say that our goal. 00:31:44
In appealing. 00:31:48
This violation is not to. 00:31:50
Have to be restricted. 00:31:53
To exactly votes. 00:31:55
And exactly 25 chickens. The point? 00:31:57
For us was. 00:32:00
To have the permission to. 00:32:01
Grow our family. 00:32:04
On this property. 00:32:05
Whether that means? 00:32:07
Four votes or two votes and a pony for. 00:32:08
3 chickens and four turkeys so. 00:32:13
Our hope is that. 00:32:16
Rather than maintaining. 00:32:19
We are given the freedom to grow within. 00:32:21
Reasonable. 00:32:24
Amounts. 00:32:27
General farming practices being the term used in. 00:32:30
In the county paperwork. 00:32:33
Thank you. 00:32:37
So I believe at this time. 00:32:45
I will close the public hearing testimony and the Board will deliberate the matter before them. 00:32:47
Conclusions of the law. 00:32:55
All right, base. 00:32:57
Based on the above findings, the fact. 00:33:00
The board concludes that. 00:33:02
Through the appellants. 00:33:04
Have standing. 00:33:05
To file the appeal. 00:33:07
Yes, they're they're the aggrieved party. 00:33:10
OK. 00:33:16
Was it appeal filed within the 30 daytime period following this? 00:33:20
Decision of the zoning administrators decision. 00:33:24
Yes, yes. According to the bottom there, it's May 22nd of June 20th, right? 00:33:29
30 days. 00:33:33
All right. 00:33:36
For the proper standards or criteria from the land use code used by this zoning administrator when. 00:33:43
Making a decision. 00:33:49
To issue a violation in this situation. 00:33:51
Yes. 00:33:54
Yes. 00:33:55
All right. 00:33:58
3.6. 00:33:59
Point B. 00:34:01
The proposed use is compatible with adjacent uses in terms of. 00:34:02
Scale site design. 00:34:07
Operating characteristic. 00:34:09
Hours operation, traffic generation, lighting, noise, odor, dust. 00:34:12
And other external impacts. 00:34:17
I don't think so. 00:34:21
But yes. 00:34:29
Yes. 00:34:32
All right, two point. 00:34:34
The other properties, most of them have building stuff. 00:34:36
2.3 points. 00:34:52
Six point B. 00:34:53
.3. 00:34:55
Any significant adverse? 00:34:56
Impacts resulting from the use will be. 00:34:59
Mitigated or offset? 00:35:02
To the maximum. 00:35:03
Practical extent. 00:35:05
Yes, by putting. 00:35:09
Restrictions on for the number I think. 00:35:10
The numbers. 00:35:12
Two points. 00:35:20
3.6. 00:35:21
Point B4. 00:35:23
The proposed use will not cause substantial. 00:35:24
The mutation in. 00:35:28
Value of other property in the neighborhood in which it is to be located. 00:35:30
No, it will not cause any. 00:35:41
Don't think so. 00:35:43
I don't, yeah, I don't think so, but. 00:35:45
2.3 point. 6 point. 00:35:50
B5. 00:35:52
Public safety, transportation and utility facilities and services will be available to serve. 00:35:55
Subject property while maintaining sufficient levels of service for existing development. 00:36:00
I don't know how this applies. I don't think that's relevant. Really, honey. 00:36:08
It's the answers that have to be asked. 00:36:12
Yeah, yeah, per the ordinance, but I think correct, it's not going to affect public safety. I don't know. 00:36:15
Right. 00:36:25
All right. 00:36:34
2.3 point. 6 point. 00:36:36
B6 Adequate. 00:36:39
Assurances of continuing maintenance have been provided. 00:36:41
They seem to be thinking of doing a good job with adjust right? 00:36:48
All right, two point 3.6, point B7. 00:37:03
Any significant adverse impacts on the natural environment. 00:37:07
Will be mitigated to the maximum practical extent. 00:37:12
Yes, yes. 00:37:17
2.3 point 6. 00:37:20
Point B. Point. 00:37:22
Proposed use will not be located in any hazardous areas, including floodplains. 00:37:24
Flood ways. 00:37:31
ETC. 00:37:32
Unless any potential danger is mitigated to the maximum extent possible. 00:37:34
And to the satisfaction. 00:37:39
Of the Wisconsin Department of Natural Resources. 00:37:41
It's not a floodplain or anything. 00:37:46
Yes, Sir. 00:37:48
Is not in a floodplain or wetland. 00:37:50
And it's been there. 00:37:53
Many years. 00:37:55
2.3 point 6 point B .9. 00:38:03
Proposed use is consistent with Dodge County. 00:38:07
Comprehensive plan and. 00:38:11
Agricultural. 00:38:13
Preservation Plan. 00:38:14
Yes, like once again, I don't think it's irrelevant in this case, but I would guess it is. I mean that. 00:38:16
Was there any new or relevant evidence to the? 00:38:30
Land use code that was a bit. 00:38:34
Presented at this public hearing. 00:38:36
Well, the lady said that her at Garden had died. I'm not sure. 00:38:40
That's new evidence, but I'm not sure. 00:38:44
What? What the? 00:38:47
How one would affect the other seems to be. 00:38:49
My my concern with that. 00:38:52
Is there evidence in the record to support the decision? 00:39:07
Of the zoning Administrator. 00:39:10
No. 00:39:17
I we had a case like this before where there's been. 00:39:20
Not in my time. 00:39:24
And not not the time I've been on the. 00:39:25
Board of adjustment either so. 00:39:28
Is there any additional information that is needed by the Board regarding this appeal? 00:39:34
No. 00:39:39
Are there any conditions for approval that would be needed to mitigate any potential adverse effects from this proposed project if 00:39:42
the request will be approved by the board? 00:39:47
And I think the conditions are there that we need. 00:39:54
Yes. 00:39:56
You want #2 also. 00:39:57
What's that number two that has to? 00:39:59
All three of those conditions. All three of them conditions. 00:40:02
All right, it's over to you. 00:40:09
So I'm looking for a motion to. 00:40:12
Affirmative review. 00:40:17
The conditions. 00:40:19
Or I mean, I'm sorry. 00:40:21
To. 00:40:23
Approves A variance or deny it. 00:40:26
Firm A firm reverse or reverse with conditions. 00:40:30
We're reversing with conditions. 00:40:35
Yeah, I'll make a motion to reverse with the three conditions stated above with the. 00:40:38
Numbers that were presented. 00:40:43
In the report. 00:40:45
Provided by the. 00:40:46
The county staff of. 00:40:48
20 chickens and five goats. 00:40:50
Is there a second? 00:40:55
I'll second. 00:40:56
OK. Motion is made and seconded. 00:40:58
Reverse it with conditions. 00:41:04
Any discussion? 00:41:08
Obviously the barns been there. 00:41:17
A lot, a lot of years and others, right? 00:41:19
Animals so. 00:41:22
OK, I'll call the roll. 00:41:26
Russell. 00:41:28
John yes. 00:41:30
Rodney. 00:41:31
Mark is absent myself. 00:41:33
I'll vote yes also. 00:41:35
So. 00:41:38
The result of the vote is 4. 00:41:39
Zero knows. 00:41:43
One is after some absence. 00:41:44
On the basis of the. 00:41:49
Findings of the above conclusions of the law. 00:41:50
And the record in this matter? 00:41:53
The board reversed the decision of Dodge County Land Use Administer and erected. 00:41:55
Well, this. 00:42:03
Which one is it? The second or third one? 00:42:04
Third one. Third one. Third one. 00:42:06
And the land you said ministered is directed to no longer pursuit of violation. 00:42:08
While incorporating a decision of this board subject to the condition listed above. 00:42:12
So the board approved a very variance under the conditions listed so. 00:42:31
Excuse me? So they're going to get to have horses and ponies and no. 00:42:42
No, it was threat, just like it said. 00:42:45
And what about my garden? I have video that shows their land is Uptown, drains directly to my garden that has been there for 12 00:42:47
years. 00:42:51
The board has made the decisions and in that decision is the condition that there's. 00:42:58
I I will waste. 00:43:03
Nutrient management plan that has to be submitted and approved. 00:43:08
Then we'll move on to the. 00:43:23
Hearing #2. 00:43:26
Notice hereby giving that a public hearing will be held by the Dodge County Board of Adjustment on. 00:43:30
Thursday, August 21st, 2025. 00:43:35
At 7:15 PM or shortly thereafter, and the first floor of the Dodge County Administration Building. 00:43:38
Juno, Wisconsin. 00:43:43
On the appeal of Jeffrey and Alice. 00:43:45
Sue Park for variances to the terms of the ordinary high watermark set back provisions of the Dodge County. 00:43:48
Shoreline Protection Agency. 00:43:54
Ordinance. 00:43:56
Inside yard set back provisions of the Dodge County Land Use Code to allow a deck. 00:43:58
That does not meet these standards. 00:44:04
These are requests for variances to Section 6.1 of the Dodge County Shoreland Protection Ordinance. 00:44:06
And section .5, point 1.2 of the Dodge County Land Use Code. 00:44:12
Property location Lot 49 of Howard's first addition to Lake Grove. 00:44:18
In the northeast border of the southeast quarter of Section 41. 00:44:23
Tony Fox League. 00:44:27
Dodge County. 00:44:28
Site address being in 10642 Howard Drive. 00:44:30
He copied. The proposed petition is available for review in the county Land Resources and Parks Department. 00:44:35
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:44:41
All persons interests are invited to attend and be heard. 00:44:45
Written comments may be submitted to the Dodge County Land Resource and Parks Department. 00:44:48
At 127 E Oak St. Water, Juneau, WI or by e-mail no later than August 20th, 2025. 00:44:53
The Dodge County Board of Adjustment by William House, Chairman. 00:45:00
Would you read a staff report please? Yes Sir. 00:45:07
County Jurisdiction The County of shoreland jurisdiction over This site is. 00:45:10
Site is located within 1000 feet of the ordinary high watermark of a navigable body of water, Fox Lake. The County also has land 00:45:14
use coach jurisdiction over this site as the Town of Fox Lake has adopted county zoning. 00:45:20
Review criteria, subsections 14.7. 00:45:27
Parent one through 14.7 Parents six of the Dodge County Shoreland Protection Ordinance in subsections to. 00:45:30
2.3. 00:45:37
.12 point A through. 00:45:39
2.3 point 12 point G of the Dodge County land use code. This procedural matters and the verbal criteria. 00:45:41
For the variance process. 00:45:47
The board shall hold a public hearing on each. 00:45:49
Variance application and following. 00:45:52
The public hearing approved to. 00:45:54
Act to approve, approve with conditions or deny variance. 00:45:57
The variance based on the approval criteria in section. 00:46:01
14.7 parents six of the Dodge County. 00:46:04
Shoreland Protection Ordinance, Section 2.3, point 12, point E of the Dodge County Land Use Code. 00:46:07
Appellants requests an application for a variance Requests. 00:46:14
For variance, request was submitted by the applicant July 8, 2025 for variances to the terms of the ordinary high watermark. 00:46:17
Provision of the Dodge County shoreland protection ordinance. 00:46:26
And the side yard set back of the. 00:46:29
Dodge County land use code to allow. 00:46:31
For a deck that does not meet these standards as proposed, the deck will be 53.3 feet from the. 00:46:33
Ordinary high watermark or 5.3. 00:46:39
5 feet within the required set back. 00:46:41
And seven and a half feet from the South. 00:46:44
Side property line or. 00:46:47
.5 feet within the required set back, thus prohibited by the ordinance. 00:46:49
The Dodge County. 00:46:55
Dodge, the county has sterling jurisdiction over the site is a. 00:46:56
Size located within 1000 feet of A. 00:47:00
Navigable body of water Fox Lake. The county was also. 00:47:02
Has land use jurisdiction over the site. Is the Town of Fox Lake. Has adopted county zoning. 00:47:07
The property is currently zoned R1 single family residential use. 00:47:13
The physical features of this point. 00:47:17
207 acre lot includes sloping topography with slopes ranging from zero to 25%. 00:47:19
The parcel contains a residence and associated accessory structures. 00:47:25
The current impervious services on this property are. 00:47:29
2571 square feet. 00:47:33
Or 28.51. 00:47:36
Percent the proposed impervious surface on this property. 00:47:38
Our 2690 square feet. 00:47:42
Or 229.8. 00:47:45
3% This property is considered a highly developed shoreline under Section 9.4 of the Dodge County Shoreland District Shoreland 00:47:47
Protection Ordinance, and it's permitted up to 30% impervious surfaces without mitigation and up to 40% with mitigation per 00:47:54
Section 9.5 Parent 2 Dodge County Charlotte Protection Ordinance. 00:48:00
The general character of the surrounding land use consists of single. 00:48:07
Family residences to the North and South. 00:48:11
On Agricultural Field is located West of Howard Drive. 00:48:13
Per Section 16.2 of the Dodge County Shoreland Protection Ordinance, a deck is defined as a structure. 00:48:17
The set back average for a primary structure per section. 00:48:25
6.2 of the Dodge County Charlotte protection ordinance. 00:48:29
Is 58.65 feet from the ordinary high watermark. 00:48:32
The residents. 00:48:36
On this property is currently 65.3. 00:48:37
Feet from the ordinary high watermark. 00:48:41
On April 16th, 2025 an application. 00:48:43
For land use. 00:48:48
Permit was made by the appellant to construct the deck on the east side of the residence. Permit was withheld on April 24th, 20. 00:48:50
25 As no impervious surface worksheet was provided, an on site inspection was conducted on May 22nd. 00:48:57
2025 following. 00:49:05
Further review and additional correspondence between staff and the applicant. The land use permit was denied on July 9th, 2025. 00:49:07
A variance application was submitted. 00:49:14
To this department prior to the permit denial on July 8th, 2025. 00:49:16
Applicable ordinance provisions in this case. 00:49:22
Dodge County Shoreland Protection Ordinance Section 6.1. 00:49:25
Charlotte Protect Charlotte setbacks unless exempt a set back of 75 feet from the ordinary high watermark of any navigable waters. 00:49:29
To the nearest part of the building or structure shall be. 00:49:37
Required, uh. 00:49:40
For all buildings and structures. 00:49:41
Section 6.2. Reduced principal structure set back. 00:49:44
This provision allows for an averaging of the two neighboring principal structures to be utilized to provide a reduced set back to 00:49:48
the ordinary high watermark. 00:49:53
Dodge County Land Use code 6. 00:49:57
Five point 1.2 side yard set back for dwelling and other principal structures. 00:50:00
The minimum set back for a dwelling or other principal structure to side yard shall be 8 feet. 00:50:05
The permit was denied by the county land. 00:50:12
Administrator for the following reasons. As proposed, the deck will be 53.3 feet. 00:50:14
From the ordinary high watermark of Fox Lake or 5.35 feet. 00:50:19
Within the required set back and thus prohibited by the code. 00:50:24
Section 6.1 and 6.2 of the Dodge County Shoreline Protection Ordinance. 00:50:27
Additionally, the deck is proposed to be 7 1/2 feet from the side property line or. 00:50:31
.5 feet within the required set back and thus prohibited by this. 00:50:35
Section 5.1, point two of the Dodge County Land Use code. 00:50:39
The appellant is requesting an area variance to Section 6.1 of the Dodge County Shoreland. 00:50:47
Protection ordinance and section. 00:50:52
5.12. 00:50:54
Of the Dodge County land use code. No response from the Township. 00:50:55
Purpose statement the purpose of the water set back provisions of the code is to require a uniform set back distance from the 00:51:00
water to preserve the public interest and in. 00:51:05
Shorelands and navigable waters of the state. 00:51:09
Every property owner has. 00:51:13
That has frontage on a body of water is required to comply with the uniforms water set back requirement. In this case, the deck is 00:51:15
located within the set back and therefore prohibited by the code. 00:51:19
The county set back provisions of the code. 00:51:24
Promote a variety of public purposes as. 00:51:27
Such as providing for light and air and Fire Protection and safety. 00:51:30
Preventing over of overcrowding, solving drainage problems, and protecting the appearance and character of the neighborhood. 00:51:34
Conserving property values and. 00:51:41
May, in particular cases, promote a variety of aesthetic and physical values, such as ecological and environmental interests. 00:51:43
Staff Advisory staff points out that the board does not have summary powers to ignore the ordinance. 00:51:51
Or its objectives. 00:51:55
The burden also falls on the appellant to convincingly demonstrate to this board that a literal enforcement of the. 00:51:57
Shoreline ordinance and land use code requirements would result in unnecessary hardship. 00:52:04
That the hardship is due to special conditions unique to the property. 00:52:09
And if granted, the variance would not be contrary to the public interest. 00:52:13
It's a staff position that the board will be unable to make findings. 00:52:17
In order to grant a variance in this case, therefore the variance. 00:52:21
Request should be denied. 00:52:25
If the board does make the findings necessary to grant. 00:52:26
The variance the following conditions. 00:52:30
Is requested to mitigate. 00:52:32
The potential shoreline impact. 00:52:34
Creation of a vegetative buffer. 00:52:36
To the mitigation standards listed. 00:52:39
Under section 7.3. 00:52:41
Woodland buffer of the Shoreland Protection Ordinance. This would include the establishment of. 00:52:43
3 Vegetative layers being trees, shrubs. 00:52:48
And ground cover. 00:52:51
To 35 feet in depth from the ordinary high watermark. 00:52:52
On a horizontal measurement. 00:52:56
A viewing access and access corridor of 6 feet would be permitted. 00:52:58
To allow for access and recreation of Fox Lake. 00:53:02
Ellen, please step forward. 00:53:10
My name is John Schulenburg. 00:53:23
And I'm not where the proposed. I work for Siding Unlimited. We are the proposed contractor for this project. 00:53:26
Is there any information regarding your request that you would like to add to the record at this time? 00:53:34
There is, yes. 00:53:38
So. 00:53:40
The current deck that is on the property. 00:53:41
That has a set of stairs that come down. 00:53:44
Is a total of 12 feet off of the home. 00:53:47
The deck that we're proposing to build would be that same 12 feet off of the home. 00:53:49
The main purpose for the deck. 00:53:54
Is due to the patio doors off the back of the home. 00:53:56
We would also like to consider this as part of a fire escape plan. 00:53:59
Otherwise it would only be the door on the facing. 00:54:04
Howard Drive. 00:54:08
As far as the distance from the side property line, we have a proposed 4 foot wide set of steps that we could we could reduce to 3 00:54:10
foot 6 inches to meet our 8 foot set back. 00:54:15
So what was the first part? 00:54:26
The deck is 4 feet from the house. 00:54:27
Hand this around? Sure. 00:54:31
The deck that is currently there. 00:54:34
Which you will see. 00:54:38
Has a set of steps that come off of it, the deck depth plus the landing for the steps. 00:54:39
Is a total of 12 feet currently. 00:54:44
Which is what we are proposing to do, and we were proposing to move the steps. 00:54:46
To the Northside. 00:54:50
As to not protrude any closer to the lake. 00:54:52
To allow the you know for as much set back as we could. 00:54:55
As it stands, the house itself would not meet the 75 foot set back. 00:55:00
And in conjunction to the house, that is to the South. 00:55:08
The deck. 00:55:12
In structures that are on that home. 00:55:13
This would be just about equal with those, so it wouldn't obstruct any view up and down the shoreline from the north or from the 00:55:15
South residence. 00:55:18
Is that it for your additional? 00:55:35
Can I ask a question of in here? 00:55:37
When was that picture taken? 00:55:39
That picture was taken I believe about a month ago. 00:55:41
So to me that picture. 00:55:50
Let me get it back here a minute so I can point it out to you. 00:55:54
Sorry, Russ. 00:55:57
Well, that's fine, I can wheel over there, but. 00:55:58
You'll be faster. 00:56:00
I just. 00:56:02
Because we were there and looked at it. 00:56:06
And. 00:56:09
This. 00:56:11
Here. 00:56:15
This looks like it's dug up and it didn't look that. 00:56:16
Way the day we were there. 00:56:19
You think it did? 00:56:21
This picture don't match what it looked like a week ago. 00:56:23
Yeah, I do believe they have had other work done to the property. 00:56:27
I mean that there was something laying there, but this to me, there there was. 00:56:36
It was green. There was green there when we were there a week ago. They may have grass in now. 00:56:41
Awful fast. 00:56:48
What's that? 00:56:50
Awful fast if it's grass now and it wasn't. Well, this was taken. 00:56:52
5/22 by Bryce and it's it's green then it's just starting to you can tell right? And this this one. 00:56:57
Is not green right now. 00:57:04
No, that was before this. Then it must have been. 00:57:06
Something sometime before this. Yeah, right. Unfortunately, I wasn't involved in the picture taking process, so I put you on the. 00:57:08
No, no, that's fine. I understand. 00:57:12
Ask a question. 00:57:21
I mean. 00:57:23
He's saying they're going to stay in the footprint. 00:57:24
Of the deck is there, I mean it. 00:57:27
He would need a variance to do that, would he? Or where am I missing? You would have to follow the exact footprint. 00:57:29
And from what I understand he doesn't want to come out any. 00:57:35
Farther than where the stairs are, but he would be filling in. 00:57:39
That. 00:57:43
The length of the deck there that is correct across the entire back of the. 00:57:44
Considered existing, right? 00:57:49
Yeah, he could. He could put the steps back where they are. 00:57:51
He want what I understand, he wants to bring the deck from this point. 00:57:55
Straight all the way across. 00:57:58
So it would be enlarging the deck. 00:58:00
The decking. 00:58:02
OK, that's not what I didn't understand that from what he said, I thought he was going right back in the original footprint and 00:58:04
that's. 00:58:06
I didn't think that dairy needed a variance. 00:58:09
Correct. The current deck that spans across the entire rear of the home is approximately 8 feet deep. 00:58:12
And then off. 00:58:17
To the. 00:58:18
South side there's a four foot by 4 foot landing that brings steps down in front of it. 00:58:20
So what we what we are proposing to do is to bring the entire deck out to the 12 feet and move the steps. 00:58:24
To the Northside. 00:58:30
For two reasons, One. 00:58:32
To give them a little more space on the deck. 00:58:33
And also to clear the view from the from the basement out to the lake. 00:58:36
And still allow access out. 00:58:40
In case of a fire of another location, so you're shifting the. 00:58:43
Stairs to the opposite end of the. 00:58:47
Deck, is that right? 00:58:50
I could actually show you this as probably. 00:58:52
Moving into that, making the deck you are enlarging the deck. That's that's, that's a whole whole deck would be as wide as what 00:58:55
the steps are right now, yes. 00:58:59
Yes. So this shows the current, which is the deck with the steps that come out on this corner. We're proposing to bring the entire 00:59:04
deck over. 00:59:08
Bring our landing to the back and bring this testing steps. I'm out to this point. 00:59:11
But the existing deck is somewhere back here. You're existing with your landing. 00:59:15
Like that, come out to that, move our lands over, you know, as far as it was, yeah. 00:59:20
And then put steps back there. 00:59:27
Correct. 00:59:29
I mean, they're not quite out any further in the current deck. That part is landing that comes out here with steps coming down in 00:59:31
this direction and we're proposing to bring the deck out to that total width and bring our steps. You are enlarging the deck 00:59:35
culture to the water that that I did get from your original statement. That's where I was lost. Sorry, your existing deck with the 00:59:40
landing and the steps coming down. 00:59:44
We're proposing to bring the deck all the way across, move our steps to landing to the side, and this is where the. 00:59:50
Half a foot wasn't that he said. You correct. Yes, we could downsize our steps to still be within code. 00:59:55
So I guess the question. 01:00:00
And Andy? 01:00:01
That the deck complies with because part of it is already out that far. 01:00:03
He, like I said, he could replace it in the existing 3D footprint. He could not make it any bigger without a variance. 01:00:10
Even if a part of it is. 01:00:22
Hold it that far now, correct? Correct. 01:00:23
Yep. What what the the? 01:00:26
The non conforming. 01:00:28
Structure. 01:00:29
Part of the ordinance is to not make. 01:00:30
Non conforming structures. Larger or more non conforming. 01:00:34
OK. Is there anyone in the audience that? 01:00:44
Like to speak in favor of this request. 01:00:46
I have to do it. 01:00:48
Is there anyone in the audience like to speak in favor of this request? 01:00:50
Is there anyone in the audience like to speak in favor of this request? 01:00:55
Is there anyone in the audience that would like to speak in opposition to this request? 01:00:59
Stay to run in the app. 01:01:04
Audience that would like to speak in our position to this request. 01:01:06
In the audience, I would like to speak in opposition to this request. 01:01:11
Board members, do you have any question? Yeah, we got our, we jumped the gun a little bit. Sorry. No, that's fine. 01:01:17
So you guys understand now he's. 01:01:28
Move the. 01:01:30
Planned this North End of the seeing. 01:01:31
Coming down towards the lake, right down towards clay, correct? 01:01:35
Yeah. 01:01:45
Any questions anymore? 01:01:47
We do have correspondence from the DNR. 01:01:54
All right, I will read that now. 01:01:57
Dear Board members, the Department of Natural Resources received a notice for the August 21st. 01:02:00
2025 Public hearing concerning the variance request submitted by Jeffrey and. 01:02:05
Sue Bach. 01:02:10
The request is constructed. 01:02:11
As close as 53.3. 01:02:13
Feet from the ordinary high watermark of Fox Lake, the Dodge County's. 01:02:15
Zoning ordinance requires a set back of 75 from the ordinary high watermark. 01:02:19
For accessory structures as stated in the variance. 01:02:24
The property is located on and 10642 Howard Drive in the town of Fox Lake. 01:02:27
Department is writing in response to the county board's job. 01:02:33
Board of Adjustments. 01:02:36
Request for an opinion from the department. 01:02:37
Per chapter 59692. 01:02:39
State statues as. 01:02:43
Allowed by law, This letter is based on the information provided in the hearing notice and the application submitted. 01:02:44
Please have this letter delivered to the in red to the before the BOA. 01:02:52
Per the information provided the appellant. 01:02:56
By the applicant. The department does not believe the applicant can demonstrate a meet. 01:02:59
Demonstrate meeting the three statutory. 01:03:04
Criteria for granting a variance. 01:03:07
The Snyder versus Walker Jacony. 01:03:09
Zoning Board of Adjustment decision. 01:03:12
Made it clear that. 01:03:15
A circumstance or desire of the applicant is not a factor to be considered when deciding variances. 01:03:17
Further, state versus Winnebago County decision. 01:03:23
Established that economic loss or financial hardship is not. 01:03:27
Do not justify A variance as the board reviews these. 01:03:31
Variance requests. Please keep in mind that the applicant has the burden of. 01:03:35
Proving that their request meets all the statutory requirements for granting a variance. 01:03:40
For each variance request. 01:03:46
Then it's the applicant must. 01:03:49
Prove that they will suffer an unnecessary hardship. 01:03:51
Provisions of the county's Charlotte zoning ordinance are literally enforced. 01:03:54
Wisconsin Supreme Court has made it clear that the proof of unnecessary hardship. 01:03:59
By itself does not entitle the applicant. 01:04:03
To a variance. 01:04:06
All three statutory variances criteria must be satisfied in order the grant. 01:04:07
To grant the variance, it may be possible that the applicant will provide additional evidence that. 01:04:12
Hearing which may. 01:04:18
Change the conclusion listed below. 01:04:19
Unique physical limitations the applicant must demonstrate. 01:04:23
That unique physical limitations Wetlands, steep sloped streams, rock outcroppings. 01:04:26
Or special conditions of the property. 01:04:31
Exists that prevent the compliance with ordinary regulations ordinance regulations, the. 01:04:34
The physical limitations must be unique to the property. 01:04:39
Any question not generally shared by others in. 01:04:43
The area. 01:04:46
A home located along a water body is not unique. 01:04:48
Is not a unique physical. 01:04:52
Property limitation. 01:04:53
When determining if compliance is prevented, the whole parcel must be considered. 01:04:55
The applicant has not provided information describing physical property limitations unique to this property. 01:05:00
And not generally shared with others. 01:05:07
Other properties in the area. 01:05:09
No harm to the public interest, the applicant. 01:05:11
Must demonstrate that a variance will not result in harm or be contrary to the public interest. 01:05:13
The board must consider the impacts of the. 01:05:18
Proposed project. 01:05:20
As well as cumulative impacts. 01:05:22
Of similar projects. 01:05:24
On the interests of the neighbors, community and the general public. 01:05:26
The interests are listed in the purpose statement of the ordinance. 01:05:30
And for shoreland zoning include protection of. 01:05:34
Public Health. 01:05:37
Safety, welfare, maintenance of clean water protection. 01:05:38
A Fish and Wildlife habitat and preservation. 01:05:41
Natural scenic beauty. 01:05:44
Scientific studies have shown. 01:05:46
When projects are constructed within the water set back, there can be environmental concerns such as change in fish species from 01:05:48
game to rough fish. 01:05:52
Loss of wildlife habitat. 01:05:56
More runoff entering the lake. 01:05:58
Without filtering, loss of natural scenic beauty, etc. 01:06:00
Cumulative impacts of repeated projects so close to the water bodies. 01:06:04
Can multiply the impacts of the loss of habitat. 01:06:09
The proposed deck will be. 01:06:12
Closer to the ordinary high watermark than the existing structure. The applicant has not provided information describing no harm 01:06:14
to the public interest. 01:06:18
Unnecessary hardship. 01:06:23
The applicant must demonstrate that if the variance is not granted, an unnecessary hardship exists. 01:06:24
The applicant may not claim. 01:06:30
Unnecessary hardships. 01:06:32
Because of conditions which are self-imposed or created by a prior owner. 01:06:34
For example, building a home in compliance and then subsequently constructing a deck without a permit. 01:06:40
Courts have also determined that an economic or financial hardship. 01:06:47
Does not justify a variance. 01:06:52
When determining whether an unnecessary hardship exists, the board must consider the property as a whole, rather than just a 01:06:54
portion of the parcel. 01:06:58
The denial of. 01:07:02
Of the use of the deck is not an unnecessarily burdensome. 01:07:04
The existing second story deck of. 01:07:07
And the ground level patio. 01:07:10
Offer opportunity to enjoy out the. 01:07:12
Doors. 01:07:15
And the natural scenic beauty of Fox Lake. 01:07:16
The existing deck and patio can be reconstructed without the need for a variance. 01:07:18
The property owner bears the burden of proving unnecessary hardship. 01:07:23
Please note that these comments are in regard to the shoreland zoning regulations only and do not reflect applicable erosion 01:07:27
control, waterway permitting, floodplain zoning, and other department regulations. 01:07:33
It is the responsibility of the Board of Adjustment to assure. 01:07:40
The statutory standards for granting of a variance are met. 01:07:43
And the standards help ensure protection of the public interest, including the preservation of. 01:07:47
Water quality and Fish and Wildlife habitat along lakes and rivers. 01:07:53
Wisconsin navigable waterways are held at a trust for all people to enjoy the shoreline set back. 01:07:57
Is important. 01:08:03
Check the water quality, natural scenic beauty, and the Fish and Wildlife habitat of Wisconsin's waterways. 01:08:05
The department appreciates the commitment of Dodge County's water. 01:08:11
Resources. 01:08:15
And protection of the public interest for future generations. Sincerely. 01:08:16
Kristen Rankin. 01:08:20
Shoreland and floodplain zoning specialist, Wisconsin Department of Natural Resources. 01:08:22
Is that the only written correspondence we have? Yes, Sir. 01:08:28
Yeah, I guess any jumping. 01:08:31
I'll still give you an opportunity to make a final statement. 01:08:33
By I guess my only final statement would be is. 01:08:37
You know the. 01:08:39
With the current landing being at the 12 foot. 01:08:42
We don't feel as though we're coming out any further into. 01:08:45
Any of the. 01:08:48
Setbacks. 01:08:50
Than what already exists, we're just looking to expand that across the width of the home. 01:08:51
OK. 01:08:57
I'm prepared to close the public testimony, the hearing. 01:09:03
Be completed. No, the board will deliberate their manner. 01:09:06
Before them. 01:09:09
We'll go to conclusions of the law. 01:09:10
Based on the facts presented in the application and at the public hearing, the Board concludes that. 01:09:14
We're dealing with the side yard setbacks first. 01:09:20
That's the first set of questions. With the side yard set back, this is a 7 1/2 feet to 8 feet, correct? 01:09:24
OK. 01:09:29
Oh, you got 2 separate ones? OK. 01:09:31
Yep. 01:09:32
Yes, the appellants request to section. 01:09:35
Five point 1.2. 01:09:38
Of the colony land use code which refers to the required set back a. 01:09:41
Of a dwelling. 01:09:46
Or other principals structure. 01:09:47
To the side lot line. 01:09:49
Yes. 01:09:51
Is there physical limitations that? 01:09:54
Is unique to this property. It prevents the appellant from complying with the side yard set back provision of the ordinance. 01:09:56
No, no. 01:10:05
Is the side yard set back provision of the ordinance unnecessary? Burdensome. 01:10:08
In this case, thereby creating. 01:10:13
A hardship. 01:10:15
No, no. 01:10:16
All right. Does the appellant have? 01:10:19
Other options available to complete this? 01:10:21
These projects in compliance with the ordinance. 01:10:23
Yes, because the gentleman. 01:10:27
Said said they could do it. 01:10:29
The representative. 01:10:34
What hardship exists if the variance is denied? 01:10:39
Not none. 01:10:42
Our projects harmful in any way to the public's. 01:10:46
Interest. 01:10:49
Not no. I would say no. 01:10:57
Right. 01:10:59
Does the board have sufficient information to make a decision on this request? Yes. Yes. 01:11:02
Does the board. 01:11:13
Does the board believe that if? 01:11:14
Pounds of variance requests to the side yard set back provision of the ordinance. 01:11:16
Meet the criteria that is necessary in order to grant the area of variance requests. 01:11:22
No, no. 01:11:28
If the board can make the findings necessary in order to grant the variance request in this case. 01:11:31
Or any conditions of. 01:11:36
Approval necessary in this. 01:11:37
Case to mitigate. 01:11:39
Any potential adverse impacts that result from this project? 01:11:40
Yes. 01:11:48
No. 01:11:51
Right. No, there's no condition. I'm sorry. 01:11:52
We find the necessary, you know. 01:11:56
Right up to the motion. 01:11:58
I'm looking for a motion to either approve or deny this variance request. 01:12:03
To the ordinary high watermark. 01:12:07
Is this the wrong word to hear in Yep? 01:12:09
It is. 01:12:11
Decide. 01:12:13
I'll make a motion to deny the variance request to the side yard set back. 01:12:17
Requirements of the Dodge County Code. 01:12:21
Is there a second? 01:12:25
I'll second it. 01:12:31
I got it. 01:12:33
Do you second it or somebody else? I did, I got it. 01:12:34
Cortana, any discussion? 01:12:38
It's just basically said he can. 01:12:43
We've been narrowing at six inches even. 01:12:45
Doing not a big deal so. 01:12:47
Any discussion? 01:12:51
Hearing none, I'll call the rule. Mark is not here. 01:12:53
Yes. 01:12:58
To deny. 01:13:00
Yes. To approve the motion, yes. 01:13:02
Russell. 01:13:04
Rodney yes. 01:13:05
Myself is a yes. 01:13:07
Result of the vote is 40. 01:13:09
So the. 01:13:12
Motion, are they? 01:13:14
Variance request is denied. 01:13:16
All right conclusions of the law based on the facts presented in the application. 01:13:20
And at the public hearing, the Board concludes that. 01:13:26
The appellants request to section 6.1 of the County Shoreland Protection Ordinance that refer. 01:13:31
To the set back for structures to the ordinary high watermark. 01:13:37
Yes. 01:13:41
Is there physical limitation that is nest? 01:13:44
Is that is unique to this property prevents account from complying with the ordinary high water. 01:13:47
Mark set back provisions of the ordinance. 01:13:53
The building is already too close. 01:13:59
2 billion they would be expanding their. 01:14:01
Is the ordinary. 01:14:18
High watermark set back provisions of the ordinance unnecessary burdensome in this case. 01:14:19
Thereby creating hardship. 01:14:25
No. 01:14:27
Does the appellant have other options available to complete these? 01:14:29
Projects in compliance with the ordinance. 01:14:33
They could build in the yes, they can build in the existing footprint. 01:14:37
What hardship exists if the variance is denied? 01:14:59
None. 01:15:03
Are the projects harmful in any way to the public's interest? 01:15:07
Well, we'd be. 01:15:15
Increasing. 01:15:16
You know. 01:15:17
I mean, I know it's only 5 feet, but we'd be doing more. 01:15:19
Getting closer to high watermark that's. 01:15:23
Does the board have sufficient information to make the dishes? 01:15:40
Decision on this request? Yes, yes. 01:15:43
Yeah. 01:15:52
Does the Board believe that the appellants variance requests to the ordinary high watermark set back provisions of the ordinance? 01:15:54
Meet the criteria that is necessary in order to grant the area of variance requests no. 01:16:01
If the board makes findings necessary in order to grant the various requests, in this case are any condition. 01:16:08
Of approval necessary in this case to mitigate any potential. 01:16:14
Adverse impacts that result from this project. 01:16:18
Well, I think if, if, if. 01:16:27
If we would approve it, then we'd have to add those conditions. 01:16:30
Depends on whether it's you move. 01:16:35
To deny her or pass. 01:16:37
Approved. 01:16:39
And so I'm looking for a motion to either approve or deny. 01:16:46
Or approve as conditions the variance. 01:16:49
Because the high ordinary high watermark set back requirements. 01:16:52
I'll make a motion to deny the variance request. 01:16:57
Is there a second? 01:17:02
I'll second. 01:17:06
OK. Any discussion? 01:17:14
I can see his point where the. 01:17:20
The landing is out that far already, but like and he says. 01:17:23
The rest of it would be expanding it, so unfortunately it doesn't fall under. 01:17:27
I can see your reasoning, but. 01:17:32
Doesn't fall under the. 01:17:34
Code right? 01:17:36
Any other? 01:17:39
Discussion. 01:17:41
Hanging on, I'll call the roll. 01:17:44
America's absent John. 01:17:46
Yes. 01:17:49
Russell yes. 01:17:51
Rodney. 01:17:52
Myself. 01:17:54
Yes. 01:17:55
The vote is 4 to 0, so the. 01:17:57
Variance request is denied. 01:18:00
Thank you, gentlemen. 01:18:09
Have a good evening. 01:18:10
Another business we have two petitions for. 01:18:21
September one in Westford. 01:18:25
Is a shoreland 1 again? 01:18:27
And, umm. 01:18:30
Lamira is a Hwy. 1. 01:18:31
So too close to the road or? 01:18:33
Correct. 01:18:36
What's the first one? 01:18:37
Westford ordinary high watermark. 01:18:39
Adjourn. 01:18:49
Road the 1. Villa Myers. 01:18:50
What's that? 01:18:53
What Rd. 01:18:54
It's county highway, I know that much. 01:18:56
Hear a motion adjourn. 01:18:59
Second on favor say aye. 01:19:02
Aye, opposed. 01:19:05
Motion is adjourned. Meeting is adjourned. 01:19:06
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Transcript

Event transcript
We are recording. 00:00:03
Yeah. 00:00:05
John. 00:00:10
Needs to be signed. 00:00:25
Meeting of the Dodge County Board of Adjustment is hereby call to order. 00:01:26
Roll call Mark Otzmer. 00:01:29
John Cena key here. 00:01:32
Russell cut key here. Rodney adjustment here. 00:01:33
Luminous myself here we got. 00:01:36
A quorum is present. 00:01:39
Can the staff confirm compliance with the open meetings law? 00:01:42
Can confirm Sir. 00:01:45
Are there any county board members there that are not members of the committee? 00:01:47
Yes, could I have your name please? 00:01:51
Roger. 00:01:53
I'm sorry. 00:01:54
Roger Rifle. 00:01:55
District 7. 00:01:57
Did you want to get compensated for this? 00:01:59
Are there any changes to the agenda? 00:02:11
None, Sir. 00:02:13
Review the minutes from the last meeting. 00:02:15
So 14th. 00:02:18
Also move to approve. 00:02:21
I will second it. 00:02:22
Any discussion? 00:02:24
Hearing none all in favor say aye. 00:02:27
Aye, opposed. 00:02:29
Motion is carried. The minutes are approved. 00:02:31
Like to ask the staff to. 00:02:34
Please read the hearing procedures for tonight's. 00:02:35
Public hearings. 00:02:38
We are meeting today to hear requests of the modification of the Dodge County Land Use Code. 00:02:40
We have a series of two public hearings tonight and the procedure for these hearings will be as follows. 00:02:45
The chairman of the Board of Adjustment will read the public hearing notice. 00:02:51
After which, a staff member from the Dodge County Land Resources and Parks Department will read a. 00:02:55
Report that has been prepared by the county staff. 00:03:00
Regarding the request for before the board following the. 00:03:02
Staff report the opponent or and or their agent will be asked to come before the board. 00:03:06
The appellant will be asked to state their name before the for the record. 00:03:11
And they may present their case to the board or add any additional information to the record. 00:03:15
If you wish to speak, you will be asked to stepped up into the microphone, which is located in the center of the room and state 00:03:23
your name and address for the record and to state your position regarding the request. 00:03:29
Before the Board, please address your comments and questions to the Board and not to the appellant. 00:03:35
You'll be only allowed to speak once, so please be prepared to present all of your concerns and questions. 00:03:40
To the board as. 00:03:46
When you speak. 00:03:48
After those in attendance have spoken. 00:03:49
Written questions. 00:03:51
Written correspondence Questions to the Board. Our correspondence has been received by the Board. 00:03:53
Or, which has been collected by the board during the on site visits will then be read into the record. 00:03:59
The board will have an opportunity to ask the appellant any questions. 00:04:05
Following the board's questions, the appellant will be allowed to give a final statement for the record. 00:04:10
After receiving all of the testimony, the board will be. 00:04:15
Then deliver it. 00:04:18
Deliberate and make a decision to grant granted part or deny the variance request. 00:04:20
And if approved, they may place conditions on the approval. 00:04:25
If they feel necessary to address or mitigate any potential adverse impacts. 00:04:29
The proposal may have on the adjacent properties or the Community. 00:04:34
If the variance is approved, the staff will be directed to issue the land use permit incorporating those conditions approved by 00:04:39
the board. 00:04:42
Any person or persons agreed by. 00:04:45
Any decisions of the Board of Adjustment may present. 00:04:48
Present to a court of record a petition. 00:04:51
Duly verified setting forth such. 00:04:54
That such decision is illegal and specifying the grounds of the illegality. 00:04:57
Such petition shall be presented to the Circuit Court in this county within 30 days after the filing of the decision. 00:05:02
In the Office of the Board of Adjustment. 00:05:09
The county assumes no liability and makes no warranty. 00:05:12
As to the reliance on any decision if the construction is commenced. 00:05:16
Prior to the expiration date. 00:05:20
Of this 30 day period if during this meeting procedural questions. 00:05:22
Or other points of order arise the decision. 00:05:27
The final decision of this board may be postponed until more information is gathered. 00:05:30
Considered and properly acted upon. 00:05:34
Thank you, Andy. 00:05:40
Notice is hereby given that a public hearing. 00:05:43
Will be held by the Dodge County Board of Adjustment and Thursday, August 21st, 2025 at 7:00 PM. 00:05:45
Or shortly thereafter in the first floor of the Dodge County Administration Building, Juneau, WI. 00:05:52
On the appeal of Nicholas and Regina Test A. 00:05:58
Custody for it. 00:06:01
For an administrative appeal to the terms of keeping non household pets provisions. 00:06:04
Of the Dodge County land use code. 00:06:10
To allow keeping of animals that are not household pets with any planet subdivision. 00:06:12
Where they are not currently allowed per subsection 6 point 3.5 point. 00:06:17
A of the Dodge County land. 00:06:23
County land use code. 00:06:27
Property location. 00:06:30
S 40.5 feet of lot 10 in all of lot 11 block 1. 00:06:32
Jobs wardens addition to Minnesota Junction. 00:06:37
Northeast quarter of the southwest quarter of Section 3. 00:06:41
Town of Oak Grove, Dodge County. 00:06:45
Wisconsin, the site address of the. 00:06:47
Being in 7035 State Road 26. 00:06:49
A copy of the proposed petition is available for review. 00:06:55
In a county land resource and Parks Department between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:06:59
Whole person's interests that are invited to attend and be heard. 00:07:07
Written comments may be submitted to the Dodge County Land Resources and Parks Department. 00:07:10
At 127 E Oak St. Juneau, WI. 00:07:15
Or by e-mail no later than August 20th, 2025. 00:07:18
Dodge County Board of Adjustment by William Nass, Chairman. 00:07:22
Would you read the staff report at this time? Certainly. 00:07:26
Appellants requests an application for an administrative appeal to this. 00:07:30
Of a decision of the Dodge County Land Use Administrator was submitted by the applicant on June 20. 00:07:33
2025 to allow continued keeping of animals that are. 00:07:39
Not household pets within a platted subdivision where they are not currently allowed. 00:07:43
Per subsection 6.3, point 5.8 of the Dodge County Land Use Code. 00:07:48
The county has jurisdiction over the site as a Town of Oak Rd. has adopted the county's land use code. 00:07:53
Review Criteria subsection 2.3, point 8. 00:07:59
13 point A through. 00:08:03
2.3 point 13 point F The Dodge County land use code details procedural matters. 00:08:05
The format of an appeal. 00:08:11
Appeals of a decision. 00:08:13
Of any review and decision making body shall be made to the Board of adjustment. 00:08:15
Unless otherwise provided. 00:08:20
In four in the code. 00:08:21
Such appeals shall be filed with. 00:08:24
Department. 00:08:26
Or the review and decision. 00:08:27
Making body within 30 days after the date of the written notice. 00:08:30
Of the decision. 00:08:34
Or. 00:08:36
Of the review. 00:08:37
And decision making body the board. 00:08:38
So hold the public hearing on each appeal and follow following Public Hearing Act to approve. 00:08:40
Or deny the appeal. 00:08:46
The concurring vote is of a majority of the board. 00:08:49
Shall be necessary to reverse any order. 00:08:52
The requirement. 00:08:56
Decision or. 00:08:57
Determination of the land use administrator or. 00:08:58
The committee. 00:09:02
Or to decide in. 00:09:03
Favor of the applicant on any matter of a pond. 00:09:04
Which it is required to pass under the code. 00:09:08
Any further appeal of the decision made? 00:09:12
Made by the board of adjustment shall be made to the courts. 00:09:14
As provided by law unless otherwise provided. 00:09:17
For in the code. 00:09:21
Reason for appeal? Land use code interpretation. 00:09:23
According to the administrative appeal. 00:09:26
Application The applicant is requesting an appeal. 00:09:28
Of the Dodge County land use. 00:09:32
Code sections. 00:09:34
6.3 point 5.8. 00:09:36
In a platted residential subdivision, no animals other than household pets. 00:09:38
So be allowed. 00:09:42
In the decision. 00:09:44
Made by the Dodge County Land Unit. 00:09:46
Use Administrator on May 22nd. 00:09:48
2025 and filed with the Land Resources and Parks Department on June 2025. 00:09:51
For activity #2025. 00:09:57
0590. 00:10:00
While general farming is allowed in all. 00:10:05
Zoning districts. 00:10:07
Per table 3.6, dash 1. 00:10:08
The fact that this property is within a platted subdivision makes the keeping of non household pets. 00:10:12
Not allowed. 00:10:17
Relief being sought by the applicant. The applicant is requesting. 00:10:19
The Board of Adjustment to overturn the May 22nd, 2025 decision of. 00:10:23
Dodge County Land Use administrator to. 00:10:28
To allow the continued keeping of non household pets and livestocks within the planted subdivision. 00:10:30
Features. 00:10:36
The County has jurisdiction over this site as a Town of Oak Grove is adopted the county's land use code. 00:10:38
The property is currently zoned R1 single family Residential. 00:10:43
The property is designated as single family residential on the Future Land Use map. 00:10:47
The property is currently being used for residential use and contains a home. 00:10:53
With an attached garage and a detached accessory structure. 00:10:58
Physical features of this 1.39 acre lot includes sloping topography with slopes ranging from 2 to 14%. 00:11:01
The subdivision. 00:11:10
Job A Wardens Additional. 00:11:12
Addition to Minnesota Junction that created this parcel was completed in 1874. 00:11:14
Residential use in 1874 often included keeping of a lower number of livestock. 00:11:20
Or farm animals to supplement the owners food supply. 00:11:25
The the Town of Oak Grove has adopted Dodge County land. 00:11:30
Code on April 11th, 1978. 00:11:33
The general character. 00:11:37
Of the surrounding land use consists of single family residences to the north-south. 00:11:39
In the east, while an agricultural field is located to the West. 00:11:44
Owners currently have 4 weather goats and 25 chickens, including one small breed rooster. 00:11:48
Whether goats are known to have a calmer demeanor? 00:11:55
Than intact male goats. 00:11:58
Violation history. 00:12:01
Our office received 2 complaints regarding the keeping of livestock. 00:12:03
And non household pets on the property. 00:12:07
No animals were observed. 00:12:09
After the March 27, 2025 complaint. 00:12:11
A notice of complaint was sent to the owners after the May 8th, 2025 complaint. 00:12:15
On May 15th, Regina Cassatti. 00:12:21
Call our office and confirm that farm animals are kept on the property. 00:12:24
As the previous owners had done. 00:12:28
On May 22nd, 2020. 00:12:30
5A notice of violation was sent to the owners as a result of that conversation. 00:12:33
The options. 00:12:38
To resolve the violations were outlined in that notice. 00:12:39
Applicable. 00:12:43
Provisions in this case. 00:12:45
3 point. 00:12:47
One point. 00:12:48
Two point. 00:12:49
Our one single family residential the purpose of the R1 single family residential district is to. 00:12:50
Promote General. 00:12:56
Generally exclusive low density single family residential. 00:12:58
Areas and accommodate use is appropriate to serving. 00:13:01
Residential developed. 00:13:05
Development. 00:13:06
Subject to appropriate standards. 00:13:07
Chapter 12. 00:13:10
Terms defined. 00:13:11
Pets, comma, household. 00:13:13
Non small, non venomous animals or reptiles commonly found in the residences such. 00:13:15
As pets such as dogs, cats, songbirds and other. 00:13:21
Small animals, providing that they are not raised or reared for commercial resale or as a source. 00:13:25
Of Staples supplement. 00:13:31
Household pets shall not include. 00:13:33
Horses, chickens, cows, goats, sheep. 00:13:35
Swine or other large venomous. 00:13:38
Animals or reptiles not commonly found in residences. 00:13:42
Pets. 00:13:47
Pet and Animal Regulations 6.3. Point 5.8. 00:13:49
Implanted in a. 00:13:53
Planted residential subdivisions. 00:13:55
No animals other than household pets shall be allowed. 00:13:57
Violation. 00:14:01
On May 15th. 00:14:02
The owner confirmed that they were keeping non household pets and other. 00:14:04
And animals on the property. 00:14:08
Section 3. 00:14:10
6.3 point 5.8. 00:14:11
Implanted residential subdivisions, No. 00:14:14
Animals other than household pets should be allowed. 00:14:16
The applicant is requesting an appeal to the decision of the county's land use administrator. 00:14:19
Regarding the enforcement of Section 6.3, point 5.8 of the Dodge County Land Use Code. 00:14:24
We got no response from the Township. 00:14:31
A purpose statement Our one single family residential zoning district is intended to provide a quiet, safe and orderly environment 00:14:36
for residential living characterized by low density. 00:14:41
Development consisting primarily of single family homes and limited residential accessory uses. 00:14:47
The district is designed to separate residential areas from incompatible land uses, including. 00:14:53
Agricultural operations and the keeping of farm animals, which may generate noise, odor. 00:14:59
Traffic or other impacts inconsistent with a suburban or urban residential setting. 00:15:04
The R1. 00:15:09
District serves to protect the. 00:15:11
Health Safety. 00:15:13
And general welfare of residents by maintaining. 00:15:14
The residential character of the neighborhood and ensuing land uses. 00:15:19
Are compatible with the intent. 00:15:24
Of the Dodge County land use code. 00:15:26
Staff Advisory staff points out that the board. 00:15:29
Does not have summary powers to ignore the ordinance, provisions or objectives. The burden also falls on the appellant to 00:15:32
convincingly demonstrate. 00:15:36
To the board that a literal enforcement of the land use Code regulations would result in an unnecessary hardship. 00:15:40
And the hardship is due to the special conditions. 00:15:46
Unique to the property and if granted. 00:15:48
The variance would not be contrary. 00:15:50
To public interest. 00:15:52
It is important to note that the. 00:15:53
Owners could comply with the regulations noted above by removing the non household farm. 00:15:55
Animals from their lot. 00:16:01
Residential use in 1874, when this property was planted, often included the keeping of a lower number of livestock. 00:16:04
Or farm animals to supplement the owners food supply. 00:16:11
If the board is able to make the definings to reverse. 00:16:15
Or reverse with conditions the decision of the Dodge coming land use administrator. 00:16:19
Staff believes the following conditions would be. 00:16:24
Would help mitigate the potential adverse effects of the use in question. 00:16:26
1. 00:16:32
Manure. 00:16:33
Collection stacking and spreading is to be done in a way to minimize possible. 00:16:34
Conflict with the neighboring wetlands and houses. 00:16:38
A plan is to be submitted and. 00:16:42
To be submitted and approved. 00:16:44
By the land use. 00:16:46
Their Land, Resources and Parks Department. 00:16:48
The number of animal units shall be. 00:16:50
Limited to the current level as stated within this report. 00:16:53
And all male goats are kept on the property. 00:16:56
RTB Weather Goats. 00:17:00
Thank you, Andy. 00:17:04
Could the appellant please step forward? 00:17:07
Can you both come? 00:17:23
OK. 00:17:24
Would you please state your name for the record? 00:17:29
Sorry. 00:17:32
Regina Casati. 00:17:34
Is there any information regarding your request that you would like to add to the report at this time? 00:17:37
I prepared this evening as. 00:17:44
Well, we are the deciding family. 00:17:50
My name is Nick and this is my wife, Regina. 00:17:52
I have 4 kids. 00:17:54
We live at North 7035 State Rd. 00:17:56
26. 00:18:00
We have lived at the residence for three years this October. 00:18:01
We are homeschooling family. 00:18:05
Regina does a great job teaching our children. 00:18:06
During the school year. 00:18:09
But it doesn't end there. 00:18:10
Whether they're tapping Maple trees. 00:18:12
To make sure capturing caterpillars. 00:18:14
To later release his monarch butterflies or caring for animals. There's a lot of learning and habits in our house. 00:18:17
That brings us to why we are here. 00:18:24
You see, my kids don't have tablets. 00:18:27
Or play video games. 00:18:29
We teach chores and hard work. 00:18:30
As well as hands on learning. 00:18:32
In the last several years, our children, my wife and I. 00:18:34
Have raised baby chicks. 00:18:38
Hatched faces from 8. 00:18:39
Bottle fed baby goats. 00:18:41
And kept our animals. 00:18:43
And birds. 00:18:44
Fed water and clean. 00:18:46
We moved to the country to give our children opportunities like these. 00:18:48
When we moved into our house in Juneau, we did not know that the house was. 00:18:51
Part of a planet subdivision. 00:18:55
Therefore. 00:18:57
Therefore, we are seeking. 00:18:59
Relief from the restrictions placed on our residential property in order to practice general farming. 00:19:01
Thank you. 00:19:09
Is there anyone in attendance that would like to speak in favor of this variance request? 00:19:10
Step forward, please. 00:19:16
Take your name for the record. 00:19:24
And Bill Quants. 00:19:28
Address is N 7031, Highway 26. 00:19:30
Currents KUNTZ. 00:19:36
And I live just South. 00:19:42
Thank you. 00:19:44
I have no problem with. 00:19:48
The animals. 00:19:50
And kind of like them actually. 00:19:52
They don't bother me. 00:19:59
So I think they should be able to keep them that's. 00:20:02
OK. Thank you. 00:20:09
Anyone else that'd like to speak in favor of this request? 00:20:11
Your name please? 00:20:22
Roger Fry Vault. 00:20:24
WI didn't get your last name frivolt Fr IE V as in Victor, al T as in Tom. 00:20:25
W6213 State Road 33. 00:20:36
Just around the corner. 00:20:38
I am also the District 7 supervisor. 00:20:40
I went to the property. I checked it out. 00:20:43
I didn't have any. 00:20:47
I didn't hear any loud. 00:20:49
Anything. As you can see, the barn is actually on the far property line, the South property line. 00:20:51
And you mentioned that there was another structure. It's a barn. It's a big, it's a big old barn that the previous owners kept 00:20:58
animals into. And I have, I'm absolutely in favor of them being able to keep the animals. 00:21:04
And it's it's set up for animals and. 00:21:10
The like I said there was number. 00:21:14
There was number foul odor. There were no loud sounds. 00:21:16
Is actually set up quite nicely to keep animals in, so I'm definitely in favor of it. 00:21:20
Thank you. 00:21:24
And as stated before. 00:21:26
When the subdivision was set up in the 1870's, the intent was. 00:21:29
For people to be able to keep animals, which is why it's so nice. 00:21:33
For that. 00:21:37
Anyone else here that would like to speak in favor? 00:21:41
Hi my name is. 00:21:50
Doctor Isaac Fisher. 00:21:51
I live at 7:09 Stowe St. 00:21:53
And. 00:21:57
So I am the Casadi's veterinarian. 00:21:59
Home for their goats. 00:22:02
And as far as the setup. 00:22:05
I mean so one I help them move. 00:22:07
Into the property. 00:22:09
When they first moved there. 00:22:11
There's clearly signs that there was. 00:22:14
A large variation of animals that been kept there prior. 00:22:17
To the societies. 00:22:22
Moving in of which? 00:22:23
They did a very good job cleaning up. 00:22:26
Prior to evening. 00:22:28
Getting the chickens that they have as well as the goats. 00:22:30
Since they've lived there, they've done a very good job. 00:22:34
Of maintaining the property. 00:22:37
As far as general husbandry? 00:22:39
With the goats in the chickens. 00:22:42
Yeah, and basically keeping manure contained. 00:22:46
And clean and having it not affect. 00:22:50
On basically other areas of their own land. 00:22:54
So they've done a very good job in that way. 00:22:58
So thank you. 00:23:00
Yeah. 00:23:02
Hear anyone else in the audience that would like to speak in favor of this? 00:23:05
My name is Steven Booth. 00:23:16
722 E Franklin Street will pawn. 00:23:18
I am in favor of them. 00:23:22
Keeping their animals and maintaining their homestead. 00:23:24
I personally have. 00:23:28
6 chickens. 00:23:31
Within the city limits of a pond on .18. 00:23:33
Acres. 00:23:36
The fact that they are not allowed to keep animals. 00:23:38
On almost an acre and a half seems absolutely ridiculous logically. 00:23:41
Especially since they have a barn on the property and and such a nice room to keep the animals. 00:23:46
So you know. 00:23:52
Room that I wish I had. 00:23:54
But that's neither nor there. 00:23:57
I'm just saying I'm in favor of them keeping and maintaining their homestead. 00:23:59
Well, the animals, obviously. 00:24:03
Thank you. 00:24:05
Said So what was the last name? So B0 0TH. Thank you. 00:24:06
Is there anyone else in the audience that would like to speak in favor? 00:24:13
Hi, I'm Barney is Astro from W5551 state road 33 Horicon. 00:24:17
I'm in favor of them keeping their animals because they moved to the country to be able to have this type of lifestyle. 00:24:24
And they do a great job maintaining and I can't really say that there's been a small one. I've been there. 00:24:30
So and you can. 00:24:35
Towel from the barn that it has been used for other animals, even larger animals. 00:24:37
What was the name again? Disastrous. Bonnie, thank you. 00:24:42
Anyone else in the audience that would like to speak in favor of this? 00:24:47
Variance request. 00:24:51
Is there anyone else in this? 00:24:54
Audience that would like to speak in favor of this request. 00:24:56
If not, is there anyone in the audience that would like to speak against this variance request? 00:25:01
Hello. 00:25:15
My name is Melissa Carver, I live at N7049. 00:25:16
State Road 26. I am just to the north. 00:25:20
You can see somewhat from the picture. 00:25:23
Behind my pole barn there is a. 00:25:26
Spot for. 00:25:28
Pool and a garden. I have a video. 00:25:29
From I took today of my garden. 00:25:32
The last two years my garden has been dying. 00:25:34
I have a zucchini plant. 00:25:37
That never bloomed. 00:25:39
It has little plants that rot. 00:25:40
All of my green pepper plants have grown rotten. 00:25:44
I haven't been able to make a single sauce. 00:25:47
For my spaghetti or my salsas this year because nothing is growing seven of my 12 cauliflower plants. 00:25:51
Died before it even had leaves on them. 00:25:58
The only thing I've been able to grow. 00:26:03
Is broccoli. 00:26:05
And I have a ton of it. 00:26:06
But I have. 00:26:09
Pictures and there's barely a footprint in there to show that we haven't been picking the. 00:26:10
Because nothing is growing. 00:26:15
I moved here. 00:26:17
13 years ago this week. 00:26:19
Before we bought this house, we did our research. 00:26:21
A lot of research knowing that we there wouldn't, we wouldn't be around a lot of animals. 00:26:24
My husband is extremely allergic to like everything. 00:26:29
The goats are very smelly. 00:26:34
They are very noisy. 00:26:37
And it's obviously killing my garden, which you can see from that picture. 00:26:39
Where their mountain system is. 00:26:43
Everything drains directly from those goats. 00:26:46
And goes right into my garden. 00:26:50
I can't move. 00:26:52
Garden. 00:26:53
Because there's trees everywhere else and if I move it to the other side of my backyard. 00:26:54
It's swamp, just like the end of their yard. 00:26:58
And I know this because I've known the previous owner when we first moved there, and I was friends with the neighbors after that. 00:27:01
And everybody's try to have chickens. 00:27:08
But these always come admired and I warned them because at the time I had bird dogs. 00:27:11
I only have one dog now. 00:27:15
They keep their chickens on the other side, but I do know for a fact beginning of last summer they were going above 30 chickens. 00:27:17
And I also have. 00:27:27
Pictures. 00:27:29
Of Mr. Cassia cast I saying that he's making a hobby farm. 00:27:30
And I do believe there's five votes and they are allowed and they are smelly and I've had friends leave because of it, including 00:27:36
my son's friends. 00:27:39
Who are 17? 00:27:43
Trying to play soccer because we have the yard to kick a ball. 00:27:44
That's all I have to say and I live right next door and I have proof that is is killing. 00:27:49
My my whole garden. They have a very large curtain. 00:27:55
Who I used to let them pick. 00:28:01
All the leftovers. 00:28:03
Yes. 00:28:10
Thank you. 00:28:11
Anyone else in the audience that would like to? 00:28:16
Against this. 00:28:19
Conditional use. 00:28:20
Or variance, I'm sorry. 00:28:22
And everyone else in the audience, I would like to speak against his variance request. 00:28:25
Is there anyone else in the audience that would like to speak against this variance request? 00:28:33
Is there any written? 00:28:40
No. 00:28:43
Board have any questions of the appellant? 00:28:50
Just to confirm, it is 25 chickens and five goats is what you have? 00:28:54
Foregoing never had any more than 4. You should be only three. 00:28:59
We have. 00:29:04
We have. 00:29:06
Several broody hens who are doing a nice job of raising chicks now, so. 00:29:07
I don't have a phone number. 00:29:12
Does not I mean? 00:29:15
We hover about 25. 00:29:17
I think so. 00:29:21
Any other board members have any questions? 00:29:24
No. 00:29:30
Would the appellant like to make a final statement for the record? 00:29:33
Am I allowed to respond to anything said? 00:29:38
Sure, the neighbor to the. 00:29:42
North. 00:29:45
The neighbor to the north and does have a. 00:29:47
Very large garden. 00:29:49
However, from like our gold pen, the gold pen is attached to the. 00:29:52
Back of the garage. 00:29:57
So they have an indoor area and then they have an outdoor area. 00:29:58
In the back of the garage barn. Sorry. 00:30:00
And it comes out about. 00:30:05
15 feet. 00:30:07
From the back of the farm. 00:30:08
So 15 feet from the back of the barn, from the edge of that. 00:30:10
Pen to the neighbor's garden. 00:30:14
Is. 00:30:17
150 feet. 00:30:19
I mean. 00:30:21
We're talking. It's a long. 00:30:23
Ways, I mean even from. 00:30:26
The barn to our fence, which divides us in our neighbor. 00:30:27
Is. 00:30:31
112. 00:30:36
From the fence line is 112 feet. 00:30:39
The fence line in the back. 00:30:43
Which? 00:30:45
Runs pretty much property line to the property line. 00:30:45
Give or take a foot. 00:30:48
Is 112 feet. 00:30:50
So, umm. 00:30:52
From South to north on that map. 00:30:53
The fence line. 00:30:56
Is 112 feet. 00:30:57
So the point I was saying was from the corner of the pen. 00:31:02
To the. 00:31:05
Garden. 00:31:10
Is a. 00:31:11
Angle which? 00:31:13
If that's 112. 00:31:14
Their garden is up over here. 00:31:16
Chance to be close to 150 feet. 00:31:18
I don't know how that would be. 00:31:21
Draining into. 00:31:23
Their garden or an order would. 00:31:24
Kill. 00:31:26
Is that it? 00:31:33
Do I need to say my name? 00:31:38
Yeah. 00:31:40
I would also like to say that our goal. 00:31:44
In appealing. 00:31:48
This violation is not to. 00:31:50
Have to be restricted. 00:31:53
To exactly votes. 00:31:55
And exactly 25 chickens. The point? 00:31:57
For us was. 00:32:00
To have the permission to. 00:32:01
Grow our family. 00:32:04
On this property. 00:32:05
Whether that means? 00:32:07
Four votes or two votes and a pony for. 00:32:08
3 chickens and four turkeys so. 00:32:13
Our hope is that. 00:32:16
Rather than maintaining. 00:32:19
We are given the freedom to grow within. 00:32:21
Reasonable. 00:32:24
Amounts. 00:32:27
General farming practices being the term used in. 00:32:30
In the county paperwork. 00:32:33
Thank you. 00:32:37
So I believe at this time. 00:32:45
I will close the public hearing testimony and the Board will deliberate the matter before them. 00:32:47
Conclusions of the law. 00:32:55
All right, base. 00:32:57
Based on the above findings, the fact. 00:33:00
The board concludes that. 00:33:02
Through the appellants. 00:33:04
Have standing. 00:33:05
To file the appeal. 00:33:07
Yes, they're they're the aggrieved party. 00:33:10
OK. 00:33:16
Was it appeal filed within the 30 daytime period following this? 00:33:20
Decision of the zoning administrators decision. 00:33:24
Yes, yes. According to the bottom there, it's May 22nd of June 20th, right? 00:33:29
30 days. 00:33:33
All right. 00:33:36
For the proper standards or criteria from the land use code used by this zoning administrator when. 00:33:43
Making a decision. 00:33:49
To issue a violation in this situation. 00:33:51
Yes. 00:33:54
Yes. 00:33:55
All right. 00:33:58
3.6. 00:33:59
Point B. 00:34:01
The proposed use is compatible with adjacent uses in terms of. 00:34:02
Scale site design. 00:34:07
Operating characteristic. 00:34:09
Hours operation, traffic generation, lighting, noise, odor, dust. 00:34:12
And other external impacts. 00:34:17
I don't think so. 00:34:21
But yes. 00:34:29
Yes. 00:34:32
All right, two point. 00:34:34
The other properties, most of them have building stuff. 00:34:36
2.3 points. 00:34:52
Six point B. 00:34:53
.3. 00:34:55
Any significant adverse? 00:34:56
Impacts resulting from the use will be. 00:34:59
Mitigated or offset? 00:35:02
To the maximum. 00:35:03
Practical extent. 00:35:05
Yes, by putting. 00:35:09
Restrictions on for the number I think. 00:35:10
The numbers. 00:35:12
Two points. 00:35:20
3.6. 00:35:21
Point B4. 00:35:23
The proposed use will not cause substantial. 00:35:24
The mutation in. 00:35:28
Value of other property in the neighborhood in which it is to be located. 00:35:30
No, it will not cause any. 00:35:41
Don't think so. 00:35:43
I don't, yeah, I don't think so, but. 00:35:45
2.3 point. 6 point. 00:35:50
B5. 00:35:52
Public safety, transportation and utility facilities and services will be available to serve. 00:35:55
Subject property while maintaining sufficient levels of service for existing development. 00:36:00
I don't know how this applies. I don't think that's relevant. Really, honey. 00:36:08
It's the answers that have to be asked. 00:36:12
Yeah, yeah, per the ordinance, but I think correct, it's not going to affect public safety. I don't know. 00:36:15
Right. 00:36:25
All right. 00:36:34
2.3 point. 6 point. 00:36:36
B6 Adequate. 00:36:39
Assurances of continuing maintenance have been provided. 00:36:41
They seem to be thinking of doing a good job with adjust right? 00:36:48
All right, two point 3.6, point B7. 00:37:03
Any significant adverse impacts on the natural environment. 00:37:07
Will be mitigated to the maximum practical extent. 00:37:12
Yes, yes. 00:37:17
2.3 point 6. 00:37:20
Point B. Point. 00:37:22
Proposed use will not be located in any hazardous areas, including floodplains. 00:37:24
Flood ways. 00:37:31
ETC. 00:37:32
Unless any potential danger is mitigated to the maximum extent possible. 00:37:34
And to the satisfaction. 00:37:39
Of the Wisconsin Department of Natural Resources. 00:37:41
It's not a floodplain or anything. 00:37:46
Yes, Sir. 00:37:48
Is not in a floodplain or wetland. 00:37:50
And it's been there. 00:37:53
Many years. 00:37:55
2.3 point 6 point B .9. 00:38:03
Proposed use is consistent with Dodge County. 00:38:07
Comprehensive plan and. 00:38:11
Agricultural. 00:38:13
Preservation Plan. 00:38:14
Yes, like once again, I don't think it's irrelevant in this case, but I would guess it is. I mean that. 00:38:16
Was there any new or relevant evidence to the? 00:38:30
Land use code that was a bit. 00:38:34
Presented at this public hearing. 00:38:36
Well, the lady said that her at Garden had died. I'm not sure. 00:38:40
That's new evidence, but I'm not sure. 00:38:44
What? What the? 00:38:47
How one would affect the other seems to be. 00:38:49
My my concern with that. 00:38:52
Is there evidence in the record to support the decision? 00:39:07
Of the zoning Administrator. 00:39:10
No. 00:39:17
I we had a case like this before where there's been. 00:39:20
Not in my time. 00:39:24
And not not the time I've been on the. 00:39:25
Board of adjustment either so. 00:39:28
Is there any additional information that is needed by the Board regarding this appeal? 00:39:34
No. 00:39:39
Are there any conditions for approval that would be needed to mitigate any potential adverse effects from this proposed project if 00:39:42
the request will be approved by the board? 00:39:47
And I think the conditions are there that we need. 00:39:54
Yes. 00:39:56
You want #2 also. 00:39:57
What's that number two that has to? 00:39:59
All three of those conditions. All three of them conditions. 00:40:02
All right, it's over to you. 00:40:09
So I'm looking for a motion to. 00:40:12
Affirmative review. 00:40:17
The conditions. 00:40:19
Or I mean, I'm sorry. 00:40:21
To. 00:40:23
Approves A variance or deny it. 00:40:26
Firm A firm reverse or reverse with conditions. 00:40:30
We're reversing with conditions. 00:40:35
Yeah, I'll make a motion to reverse with the three conditions stated above with the. 00:40:38
Numbers that were presented. 00:40:43
In the report. 00:40:45
Provided by the. 00:40:46
The county staff of. 00:40:48
20 chickens and five goats. 00:40:50
Is there a second? 00:40:55
I'll second. 00:40:56
OK. Motion is made and seconded. 00:40:58
Reverse it with conditions. 00:41:04
Any discussion? 00:41:08
Obviously the barns been there. 00:41:17
A lot, a lot of years and others, right? 00:41:19
Animals so. 00:41:22
OK, I'll call the roll. 00:41:26
Russell. 00:41:28
John yes. 00:41:30
Rodney. 00:41:31
Mark is absent myself. 00:41:33
I'll vote yes also. 00:41:35
So. 00:41:38
The result of the vote is 4. 00:41:39
Zero knows. 00:41:43
One is after some absence. 00:41:44
On the basis of the. 00:41:49
Findings of the above conclusions of the law. 00:41:50
And the record in this matter? 00:41:53
The board reversed the decision of Dodge County Land Use Administer and erected. 00:41:55
Well, this. 00:42:03
Which one is it? The second or third one? 00:42:04
Third one. Third one. Third one. 00:42:06
And the land you said ministered is directed to no longer pursuit of violation. 00:42:08
While incorporating a decision of this board subject to the condition listed above. 00:42:12
So the board approved a very variance under the conditions listed so. 00:42:31
Excuse me? So they're going to get to have horses and ponies and no. 00:42:42
No, it was threat, just like it said. 00:42:45
And what about my garden? I have video that shows their land is Uptown, drains directly to my garden that has been there for 12 00:42:47
years. 00:42:51
The board has made the decisions and in that decision is the condition that there's. 00:42:58
I I will waste. 00:43:03
Nutrient management plan that has to be submitted and approved. 00:43:08
Then we'll move on to the. 00:43:23
Hearing #2. 00:43:26
Notice hereby giving that a public hearing will be held by the Dodge County Board of Adjustment on. 00:43:30
Thursday, August 21st, 2025. 00:43:35
At 7:15 PM or shortly thereafter, and the first floor of the Dodge County Administration Building. 00:43:38
Juno, Wisconsin. 00:43:43
On the appeal of Jeffrey and Alice. 00:43:45
Sue Park for variances to the terms of the ordinary high watermark set back provisions of the Dodge County. 00:43:48
Shoreline Protection Agency. 00:43:54
Ordinance. 00:43:56
Inside yard set back provisions of the Dodge County Land Use Code to allow a deck. 00:43:58
That does not meet these standards. 00:44:04
These are requests for variances to Section 6.1 of the Dodge County Shoreland Protection Ordinance. 00:44:06
And section .5, point 1.2 of the Dodge County Land Use Code. 00:44:12
Property location Lot 49 of Howard's first addition to Lake Grove. 00:44:18
In the northeast border of the southeast quarter of Section 41. 00:44:23
Tony Fox League. 00:44:27
Dodge County. 00:44:28
Site address being in 10642 Howard Drive. 00:44:30
He copied. The proposed petition is available for review in the county Land Resources and Parks Department. 00:44:35
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:44:41
All persons interests are invited to attend and be heard. 00:44:45
Written comments may be submitted to the Dodge County Land Resource and Parks Department. 00:44:48
At 127 E Oak St. Water, Juneau, WI or by e-mail no later than August 20th, 2025. 00:44:53
The Dodge County Board of Adjustment by William House, Chairman. 00:45:00
Would you read a staff report please? Yes Sir. 00:45:07
County Jurisdiction The County of shoreland jurisdiction over This site is. 00:45:10
Site is located within 1000 feet of the ordinary high watermark of a navigable body of water, Fox Lake. The County also has land 00:45:14
use coach jurisdiction over this site as the Town of Fox Lake has adopted county zoning. 00:45:20
Review criteria, subsections 14.7. 00:45:27
Parent one through 14.7 Parents six of the Dodge County Shoreland Protection Ordinance in subsections to. 00:45:30
2.3. 00:45:37
.12 point A through. 00:45:39
2.3 point 12 point G of the Dodge County land use code. This procedural matters and the verbal criteria. 00:45:41
For the variance process. 00:45:47
The board shall hold a public hearing on each. 00:45:49
Variance application and following. 00:45:52
The public hearing approved to. 00:45:54
Act to approve, approve with conditions or deny variance. 00:45:57
The variance based on the approval criteria in section. 00:46:01
14.7 parents six of the Dodge County. 00:46:04
Shoreland Protection Ordinance, Section 2.3, point 12, point E of the Dodge County Land Use Code. 00:46:07
Appellants requests an application for a variance Requests. 00:46:14
For variance, request was submitted by the applicant July 8, 2025 for variances to the terms of the ordinary high watermark. 00:46:17
Provision of the Dodge County shoreland protection ordinance. 00:46:26
And the side yard set back of the. 00:46:29
Dodge County land use code to allow. 00:46:31
For a deck that does not meet these standards as proposed, the deck will be 53.3 feet from the. 00:46:33
Ordinary high watermark or 5.3. 00:46:39
5 feet within the required set back. 00:46:41
And seven and a half feet from the South. 00:46:44
Side property line or. 00:46:47
.5 feet within the required set back, thus prohibited by the ordinance. 00:46:49
The Dodge County. 00:46:55
Dodge, the county has sterling jurisdiction over the site is a. 00:46:56
Size located within 1000 feet of A. 00:47:00
Navigable body of water Fox Lake. The county was also. 00:47:02
Has land use jurisdiction over the site. Is the Town of Fox Lake. Has adopted county zoning. 00:47:07
The property is currently zoned R1 single family residential use. 00:47:13
The physical features of this point. 00:47:17
207 acre lot includes sloping topography with slopes ranging from zero to 25%. 00:47:19
The parcel contains a residence and associated accessory structures. 00:47:25
The current impervious services on this property are. 00:47:29
2571 square feet. 00:47:33
Or 28.51. 00:47:36
Percent the proposed impervious surface on this property. 00:47:38
Our 2690 square feet. 00:47:42
Or 229.8. 00:47:45
3% This property is considered a highly developed shoreline under Section 9.4 of the Dodge County Shoreland District Shoreland 00:47:47
Protection Ordinance, and it's permitted up to 30% impervious surfaces without mitigation and up to 40% with mitigation per 00:47:54
Section 9.5 Parent 2 Dodge County Charlotte Protection Ordinance. 00:48:00
The general character of the surrounding land use consists of single. 00:48:07
Family residences to the North and South. 00:48:11
On Agricultural Field is located West of Howard Drive. 00:48:13
Per Section 16.2 of the Dodge County Shoreland Protection Ordinance, a deck is defined as a structure. 00:48:17
The set back average for a primary structure per section. 00:48:25
6.2 of the Dodge County Charlotte protection ordinance. 00:48:29
Is 58.65 feet from the ordinary high watermark. 00:48:32
The residents. 00:48:36
On this property is currently 65.3. 00:48:37
Feet from the ordinary high watermark. 00:48:41
On April 16th, 2025 an application. 00:48:43
For land use. 00:48:48
Permit was made by the appellant to construct the deck on the east side of the residence. Permit was withheld on April 24th, 20. 00:48:50
25 As no impervious surface worksheet was provided, an on site inspection was conducted on May 22nd. 00:48:57
2025 following. 00:49:05
Further review and additional correspondence between staff and the applicant. The land use permit was denied on July 9th, 2025. 00:49:07
A variance application was submitted. 00:49:14
To this department prior to the permit denial on July 8th, 2025. 00:49:16
Applicable ordinance provisions in this case. 00:49:22
Dodge County Shoreland Protection Ordinance Section 6.1. 00:49:25
Charlotte Protect Charlotte setbacks unless exempt a set back of 75 feet from the ordinary high watermark of any navigable waters. 00:49:29
To the nearest part of the building or structure shall be. 00:49:37
Required, uh. 00:49:40
For all buildings and structures. 00:49:41
Section 6.2. Reduced principal structure set back. 00:49:44
This provision allows for an averaging of the two neighboring principal structures to be utilized to provide a reduced set back to 00:49:48
the ordinary high watermark. 00:49:53
Dodge County Land Use code 6. 00:49:57
Five point 1.2 side yard set back for dwelling and other principal structures. 00:50:00
The minimum set back for a dwelling or other principal structure to side yard shall be 8 feet. 00:50:05
The permit was denied by the county land. 00:50:12
Administrator for the following reasons. As proposed, the deck will be 53.3 feet. 00:50:14
From the ordinary high watermark of Fox Lake or 5.35 feet. 00:50:19
Within the required set back and thus prohibited by the code. 00:50:24
Section 6.1 and 6.2 of the Dodge County Shoreline Protection Ordinance. 00:50:27
Additionally, the deck is proposed to be 7 1/2 feet from the side property line or. 00:50:31
.5 feet within the required set back and thus prohibited by this. 00:50:35
Section 5.1, point two of the Dodge County Land Use code. 00:50:39
The appellant is requesting an area variance to Section 6.1 of the Dodge County Shoreland. 00:50:47
Protection ordinance and section. 00:50:52
5.12. 00:50:54
Of the Dodge County land use code. No response from the Township. 00:50:55
Purpose statement the purpose of the water set back provisions of the code is to require a uniform set back distance from the 00:51:00
water to preserve the public interest and in. 00:51:05
Shorelands and navigable waters of the state. 00:51:09
Every property owner has. 00:51:13
That has frontage on a body of water is required to comply with the uniforms water set back requirement. In this case, the deck is 00:51:15
located within the set back and therefore prohibited by the code. 00:51:19
The county set back provisions of the code. 00:51:24
Promote a variety of public purposes as. 00:51:27
Such as providing for light and air and Fire Protection and safety. 00:51:30
Preventing over of overcrowding, solving drainage problems, and protecting the appearance and character of the neighborhood. 00:51:34
Conserving property values and. 00:51:41
May, in particular cases, promote a variety of aesthetic and physical values, such as ecological and environmental interests. 00:51:43
Staff Advisory staff points out that the board does not have summary powers to ignore the ordinance. 00:51:51
Or its objectives. 00:51:55
The burden also falls on the appellant to convincingly demonstrate to this board that a literal enforcement of the. 00:51:57
Shoreline ordinance and land use code requirements would result in unnecessary hardship. 00:52:04
That the hardship is due to special conditions unique to the property. 00:52:09
And if granted, the variance would not be contrary to the public interest. 00:52:13
It's a staff position that the board will be unable to make findings. 00:52:17
In order to grant a variance in this case, therefore the variance. 00:52:21
Request should be denied. 00:52:25
If the board does make the findings necessary to grant. 00:52:26
The variance the following conditions. 00:52:30
Is requested to mitigate. 00:52:32
The potential shoreline impact. 00:52:34
Creation of a vegetative buffer. 00:52:36
To the mitigation standards listed. 00:52:39
Under section 7.3. 00:52:41
Woodland buffer of the Shoreland Protection Ordinance. This would include the establishment of. 00:52:43
3 Vegetative layers being trees, shrubs. 00:52:48
And ground cover. 00:52:51
To 35 feet in depth from the ordinary high watermark. 00:52:52
On a horizontal measurement. 00:52:56
A viewing access and access corridor of 6 feet would be permitted. 00:52:58
To allow for access and recreation of Fox Lake. 00:53:02
Ellen, please step forward. 00:53:10
My name is John Schulenburg. 00:53:23
And I'm not where the proposed. I work for Siding Unlimited. We are the proposed contractor for this project. 00:53:26
Is there any information regarding your request that you would like to add to the record at this time? 00:53:34
There is, yes. 00:53:38
So. 00:53:40
The current deck that is on the property. 00:53:41
That has a set of stairs that come down. 00:53:44
Is a total of 12 feet off of the home. 00:53:47
The deck that we're proposing to build would be that same 12 feet off of the home. 00:53:49
The main purpose for the deck. 00:53:54
Is due to the patio doors off the back of the home. 00:53:56
We would also like to consider this as part of a fire escape plan. 00:53:59
Otherwise it would only be the door on the facing. 00:54:04
Howard Drive. 00:54:08
As far as the distance from the side property line, we have a proposed 4 foot wide set of steps that we could we could reduce to 3 00:54:10
foot 6 inches to meet our 8 foot set back. 00:54:15
So what was the first part? 00:54:26
The deck is 4 feet from the house. 00:54:27
Hand this around? Sure. 00:54:31
The deck that is currently there. 00:54:34
Which you will see. 00:54:38
Has a set of steps that come off of it, the deck depth plus the landing for the steps. 00:54:39
Is a total of 12 feet currently. 00:54:44
Which is what we are proposing to do, and we were proposing to move the steps. 00:54:46
To the Northside. 00:54:50
As to not protrude any closer to the lake. 00:54:52
To allow the you know for as much set back as we could. 00:54:55
As it stands, the house itself would not meet the 75 foot set back. 00:55:00
And in conjunction to the house, that is to the South. 00:55:08
The deck. 00:55:12
In structures that are on that home. 00:55:13
This would be just about equal with those, so it wouldn't obstruct any view up and down the shoreline from the north or from the 00:55:15
South residence. 00:55:18
Is that it for your additional? 00:55:35
Can I ask a question of in here? 00:55:37
When was that picture taken? 00:55:39
That picture was taken I believe about a month ago. 00:55:41
So to me that picture. 00:55:50
Let me get it back here a minute so I can point it out to you. 00:55:54
Sorry, Russ. 00:55:57
Well, that's fine, I can wheel over there, but. 00:55:58
You'll be faster. 00:56:00
I just. 00:56:02
Because we were there and looked at it. 00:56:06
And. 00:56:09
This. 00:56:11
Here. 00:56:15
This looks like it's dug up and it didn't look that. 00:56:16
Way the day we were there. 00:56:19
You think it did? 00:56:21
This picture don't match what it looked like a week ago. 00:56:23
Yeah, I do believe they have had other work done to the property. 00:56:27
I mean that there was something laying there, but this to me, there there was. 00:56:36
It was green. There was green there when we were there a week ago. They may have grass in now. 00:56:41
Awful fast. 00:56:48
What's that? 00:56:50
Awful fast if it's grass now and it wasn't. Well, this was taken. 00:56:52
5/22 by Bryce and it's it's green then it's just starting to you can tell right? And this this one. 00:56:57
Is not green right now. 00:57:04
No, that was before this. Then it must have been. 00:57:06
Something sometime before this. Yeah, right. Unfortunately, I wasn't involved in the picture taking process, so I put you on the. 00:57:08
No, no, that's fine. I understand. 00:57:12
Ask a question. 00:57:21
I mean. 00:57:23
He's saying they're going to stay in the footprint. 00:57:24
Of the deck is there, I mean it. 00:57:27
He would need a variance to do that, would he? Or where am I missing? You would have to follow the exact footprint. 00:57:29
And from what I understand he doesn't want to come out any. 00:57:35
Farther than where the stairs are, but he would be filling in. 00:57:39
That. 00:57:43
The length of the deck there that is correct across the entire back of the. 00:57:44
Considered existing, right? 00:57:49
Yeah, he could. He could put the steps back where they are. 00:57:51
He want what I understand, he wants to bring the deck from this point. 00:57:55
Straight all the way across. 00:57:58
So it would be enlarging the deck. 00:58:00
The decking. 00:58:02
OK, that's not what I didn't understand that from what he said, I thought he was going right back in the original footprint and 00:58:04
that's. 00:58:06
I didn't think that dairy needed a variance. 00:58:09
Correct. The current deck that spans across the entire rear of the home is approximately 8 feet deep. 00:58:12
And then off. 00:58:17
To the. 00:58:18
South side there's a four foot by 4 foot landing that brings steps down in front of it. 00:58:20
So what we what we are proposing to do is to bring the entire deck out to the 12 feet and move the steps. 00:58:24
To the Northside. 00:58:30
For two reasons, One. 00:58:32
To give them a little more space on the deck. 00:58:33
And also to clear the view from the from the basement out to the lake. 00:58:36
And still allow access out. 00:58:40
In case of a fire of another location, so you're shifting the. 00:58:43
Stairs to the opposite end of the. 00:58:47
Deck, is that right? 00:58:50
I could actually show you this as probably. 00:58:52
Moving into that, making the deck you are enlarging the deck. That's that's, that's a whole whole deck would be as wide as what 00:58:55
the steps are right now, yes. 00:58:59
Yes. So this shows the current, which is the deck with the steps that come out on this corner. We're proposing to bring the entire 00:59:04
deck over. 00:59:08
Bring our landing to the back and bring this testing steps. I'm out to this point. 00:59:11
But the existing deck is somewhere back here. You're existing with your landing. 00:59:15
Like that, come out to that, move our lands over, you know, as far as it was, yeah. 00:59:20
And then put steps back there. 00:59:27
Correct. 00:59:29
I mean, they're not quite out any further in the current deck. That part is landing that comes out here with steps coming down in 00:59:31
this direction and we're proposing to bring the deck out to that total width and bring our steps. You are enlarging the deck 00:59:35
culture to the water that that I did get from your original statement. That's where I was lost. Sorry, your existing deck with the 00:59:40
landing and the steps coming down. 00:59:44
We're proposing to bring the deck all the way across, move our steps to landing to the side, and this is where the. 00:59:50
Half a foot wasn't that he said. You correct. Yes, we could downsize our steps to still be within code. 00:59:55
So I guess the question. 01:00:00
And Andy? 01:00:01
That the deck complies with because part of it is already out that far. 01:00:03
He, like I said, he could replace it in the existing 3D footprint. He could not make it any bigger without a variance. 01:00:10
Even if a part of it is. 01:00:22
Hold it that far now, correct? Correct. 01:00:23
Yep. What what the the? 01:00:26
The non conforming. 01:00:28
Structure. 01:00:29
Part of the ordinance is to not make. 01:00:30
Non conforming structures. Larger or more non conforming. 01:00:34
OK. Is there anyone in the audience that? 01:00:44
Like to speak in favor of this request. 01:00:46
I have to do it. 01:00:48
Is there anyone in the audience like to speak in favor of this request? 01:00:50
Is there anyone in the audience like to speak in favor of this request? 01:00:55
Is there anyone in the audience that would like to speak in opposition to this request? 01:00:59
Stay to run in the app. 01:01:04
Audience that would like to speak in our position to this request. 01:01:06
In the audience, I would like to speak in opposition to this request. 01:01:11
Board members, do you have any question? Yeah, we got our, we jumped the gun a little bit. Sorry. No, that's fine. 01:01:17
So you guys understand now he's. 01:01:28
Move the. 01:01:30
Planned this North End of the seeing. 01:01:31
Coming down towards the lake, right down towards clay, correct? 01:01:35
Yeah. 01:01:45
Any questions anymore? 01:01:47
We do have correspondence from the DNR. 01:01:54
All right, I will read that now. 01:01:57
Dear Board members, the Department of Natural Resources received a notice for the August 21st. 01:02:00
2025 Public hearing concerning the variance request submitted by Jeffrey and. 01:02:05
Sue Bach. 01:02:10
The request is constructed. 01:02:11
As close as 53.3. 01:02:13
Feet from the ordinary high watermark of Fox Lake, the Dodge County's. 01:02:15
Zoning ordinance requires a set back of 75 from the ordinary high watermark. 01:02:19
For accessory structures as stated in the variance. 01:02:24
The property is located on and 10642 Howard Drive in the town of Fox Lake. 01:02:27
Department is writing in response to the county board's job. 01:02:33
Board of Adjustments. 01:02:36
Request for an opinion from the department. 01:02:37
Per chapter 59692. 01:02:39
State statues as. 01:02:43
Allowed by law, This letter is based on the information provided in the hearing notice and the application submitted. 01:02:44
Please have this letter delivered to the in red to the before the BOA. 01:02:52
Per the information provided the appellant. 01:02:56
By the applicant. The department does not believe the applicant can demonstrate a meet. 01:02:59
Demonstrate meeting the three statutory. 01:03:04
Criteria for granting a variance. 01:03:07
The Snyder versus Walker Jacony. 01:03:09
Zoning Board of Adjustment decision. 01:03:12
Made it clear that. 01:03:15
A circumstance or desire of the applicant is not a factor to be considered when deciding variances. 01:03:17
Further, state versus Winnebago County decision. 01:03:23
Established that economic loss or financial hardship is not. 01:03:27
Do not justify A variance as the board reviews these. 01:03:31
Variance requests. Please keep in mind that the applicant has the burden of. 01:03:35
Proving that their request meets all the statutory requirements for granting a variance. 01:03:40
For each variance request. 01:03:46
Then it's the applicant must. 01:03:49
Prove that they will suffer an unnecessary hardship. 01:03:51
Provisions of the county's Charlotte zoning ordinance are literally enforced. 01:03:54
Wisconsin Supreme Court has made it clear that the proof of unnecessary hardship. 01:03:59
By itself does not entitle the applicant. 01:04:03
To a variance. 01:04:06
All three statutory variances criteria must be satisfied in order the grant. 01:04:07
To grant the variance, it may be possible that the applicant will provide additional evidence that. 01:04:12
Hearing which may. 01:04:18
Change the conclusion listed below. 01:04:19
Unique physical limitations the applicant must demonstrate. 01:04:23
That unique physical limitations Wetlands, steep sloped streams, rock outcroppings. 01:04:26
Or special conditions of the property. 01:04:31
Exists that prevent the compliance with ordinary regulations ordinance regulations, the. 01:04:34
The physical limitations must be unique to the property. 01:04:39
Any question not generally shared by others in. 01:04:43
The area. 01:04:46
A home located along a water body is not unique. 01:04:48
Is not a unique physical. 01:04:52
Property limitation. 01:04:53
When determining if compliance is prevented, the whole parcel must be considered. 01:04:55
The applicant has not provided information describing physical property limitations unique to this property. 01:05:00
And not generally shared with others. 01:05:07
Other properties in the area. 01:05:09
No harm to the public interest, the applicant. 01:05:11
Must demonstrate that a variance will not result in harm or be contrary to the public interest. 01:05:13
The board must consider the impacts of the. 01:05:18
Proposed project. 01:05:20
As well as cumulative impacts. 01:05:22
Of similar projects. 01:05:24
On the interests of the neighbors, community and the general public. 01:05:26
The interests are listed in the purpose statement of the ordinance. 01:05:30
And for shoreland zoning include protection of. 01:05:34
Public Health. 01:05:37
Safety, welfare, maintenance of clean water protection. 01:05:38
A Fish and Wildlife habitat and preservation. 01:05:41
Natural scenic beauty. 01:05:44
Scientific studies have shown. 01:05:46
When projects are constructed within the water set back, there can be environmental concerns such as change in fish species from 01:05:48
game to rough fish. 01:05:52
Loss of wildlife habitat. 01:05:56
More runoff entering the lake. 01:05:58
Without filtering, loss of natural scenic beauty, etc. 01:06:00
Cumulative impacts of repeated projects so close to the water bodies. 01:06:04
Can multiply the impacts of the loss of habitat. 01:06:09
The proposed deck will be. 01:06:12
Closer to the ordinary high watermark than the existing structure. The applicant has not provided information describing no harm 01:06:14
to the public interest. 01:06:18
Unnecessary hardship. 01:06:23
The applicant must demonstrate that if the variance is not granted, an unnecessary hardship exists. 01:06:24
The applicant may not claim. 01:06:30
Unnecessary hardships. 01:06:32
Because of conditions which are self-imposed or created by a prior owner. 01:06:34
For example, building a home in compliance and then subsequently constructing a deck without a permit. 01:06:40
Courts have also determined that an economic or financial hardship. 01:06:47
Does not justify a variance. 01:06:52
When determining whether an unnecessary hardship exists, the board must consider the property as a whole, rather than just a 01:06:54
portion of the parcel. 01:06:58
The denial of. 01:07:02
Of the use of the deck is not an unnecessarily burdensome. 01:07:04
The existing second story deck of. 01:07:07
And the ground level patio. 01:07:10
Offer opportunity to enjoy out the. 01:07:12
Doors. 01:07:15
And the natural scenic beauty of Fox Lake. 01:07:16
The existing deck and patio can be reconstructed without the need for a variance. 01:07:18
The property owner bears the burden of proving unnecessary hardship. 01:07:23
Please note that these comments are in regard to the shoreland zoning regulations only and do not reflect applicable erosion 01:07:27
control, waterway permitting, floodplain zoning, and other department regulations. 01:07:33
It is the responsibility of the Board of Adjustment to assure. 01:07:40
The statutory standards for granting of a variance are met. 01:07:43
And the standards help ensure protection of the public interest, including the preservation of. 01:07:47
Water quality and Fish and Wildlife habitat along lakes and rivers. 01:07:53
Wisconsin navigable waterways are held at a trust for all people to enjoy the shoreline set back. 01:07:57
Is important. 01:08:03
Check the water quality, natural scenic beauty, and the Fish and Wildlife habitat of Wisconsin's waterways. 01:08:05
The department appreciates the commitment of Dodge County's water. 01:08:11
Resources. 01:08:15
And protection of the public interest for future generations. Sincerely. 01:08:16
Kristen Rankin. 01:08:20
Shoreland and floodplain zoning specialist, Wisconsin Department of Natural Resources. 01:08:22
Is that the only written correspondence we have? Yes, Sir. 01:08:28
Yeah, I guess any jumping. 01:08:31
I'll still give you an opportunity to make a final statement. 01:08:33
By I guess my only final statement would be is. 01:08:37
You know the. 01:08:39
With the current landing being at the 12 foot. 01:08:42
We don't feel as though we're coming out any further into. 01:08:45
Any of the. 01:08:48
Setbacks. 01:08:50
Than what already exists, we're just looking to expand that across the width of the home. 01:08:51
OK. 01:08:57
I'm prepared to close the public testimony, the hearing. 01:09:03
Be completed. No, the board will deliberate their manner. 01:09:06
Before them. 01:09:09
We'll go to conclusions of the law. 01:09:10
Based on the facts presented in the application and at the public hearing, the Board concludes that. 01:09:14
We're dealing with the side yard setbacks first. 01:09:20
That's the first set of questions. With the side yard set back, this is a 7 1/2 feet to 8 feet, correct? 01:09:24
OK. 01:09:29
Oh, you got 2 separate ones? OK. 01:09:31
Yep. 01:09:32
Yes, the appellants request to section. 01:09:35
Five point 1.2. 01:09:38
Of the colony land use code which refers to the required set back a. 01:09:41
Of a dwelling. 01:09:46
Or other principals structure. 01:09:47
To the side lot line. 01:09:49
Yes. 01:09:51
Is there physical limitations that? 01:09:54
Is unique to this property. It prevents the appellant from complying with the side yard set back provision of the ordinance. 01:09:56
No, no. 01:10:05
Is the side yard set back provision of the ordinance unnecessary? Burdensome. 01:10:08
In this case, thereby creating. 01:10:13
A hardship. 01:10:15
No, no. 01:10:16
All right. Does the appellant have? 01:10:19
Other options available to complete this? 01:10:21
These projects in compliance with the ordinance. 01:10:23
Yes, because the gentleman. 01:10:27
Said said they could do it. 01:10:29
The representative. 01:10:34
What hardship exists if the variance is denied? 01:10:39
Not none. 01:10:42
Our projects harmful in any way to the public's. 01:10:46
Interest. 01:10:49
Not no. I would say no. 01:10:57
Right. 01:10:59
Does the board have sufficient information to make a decision on this request? Yes. Yes. 01:11:02
Does the board. 01:11:13
Does the board believe that if? 01:11:14
Pounds of variance requests to the side yard set back provision of the ordinance. 01:11:16
Meet the criteria that is necessary in order to grant the area of variance requests. 01:11:22
No, no. 01:11:28
If the board can make the findings necessary in order to grant the variance request in this case. 01:11:31
Or any conditions of. 01:11:36
Approval necessary in this. 01:11:37
Case to mitigate. 01:11:39
Any potential adverse impacts that result from this project? 01:11:40
Yes. 01:11:48
No. 01:11:51
Right. No, there's no condition. I'm sorry. 01:11:52
We find the necessary, you know. 01:11:56
Right up to the motion. 01:11:58
I'm looking for a motion to either approve or deny this variance request. 01:12:03
To the ordinary high watermark. 01:12:07
Is this the wrong word to hear in Yep? 01:12:09
It is. 01:12:11
Decide. 01:12:13
I'll make a motion to deny the variance request to the side yard set back. 01:12:17
Requirements of the Dodge County Code. 01:12:21
Is there a second? 01:12:25
I'll second it. 01:12:31
I got it. 01:12:33
Do you second it or somebody else? I did, I got it. 01:12:34
Cortana, any discussion? 01:12:38
It's just basically said he can. 01:12:43
We've been narrowing at six inches even. 01:12:45
Doing not a big deal so. 01:12:47
Any discussion? 01:12:51
Hearing none, I'll call the rule. Mark is not here. 01:12:53
Yes. 01:12:58
To deny. 01:13:00
Yes. To approve the motion, yes. 01:13:02
Russell. 01:13:04
Rodney yes. 01:13:05
Myself is a yes. 01:13:07
Result of the vote is 40. 01:13:09
So the. 01:13:12
Motion, are they? 01:13:14
Variance request is denied. 01:13:16
All right conclusions of the law based on the facts presented in the application. 01:13:20
And at the public hearing, the Board concludes that. 01:13:26
The appellants request to section 6.1 of the County Shoreland Protection Ordinance that refer. 01:13:31
To the set back for structures to the ordinary high watermark. 01:13:37
Yes. 01:13:41
Is there physical limitation that is nest? 01:13:44
Is that is unique to this property prevents account from complying with the ordinary high water. 01:13:47
Mark set back provisions of the ordinance. 01:13:53
The building is already too close. 01:13:59
2 billion they would be expanding their. 01:14:01
Is the ordinary. 01:14:18
High watermark set back provisions of the ordinance unnecessary burdensome in this case. 01:14:19
Thereby creating hardship. 01:14:25
No. 01:14:27
Does the appellant have other options available to complete these? 01:14:29
Projects in compliance with the ordinance. 01:14:33
They could build in the yes, they can build in the existing footprint. 01:14:37
What hardship exists if the variance is denied? 01:14:59
None. 01:15:03
Are the projects harmful in any way to the public's interest? 01:15:07
Well, we'd be. 01:15:15
Increasing. 01:15:16
You know. 01:15:17
I mean, I know it's only 5 feet, but we'd be doing more. 01:15:19
Getting closer to high watermark that's. 01:15:23
Does the board have sufficient information to make the dishes? 01:15:40
Decision on this request? Yes, yes. 01:15:43
Yeah. 01:15:52
Does the Board believe that the appellants variance requests to the ordinary high watermark set back provisions of the ordinance? 01:15:54
Meet the criteria that is necessary in order to grant the area of variance requests no. 01:16:01
If the board makes findings necessary in order to grant the various requests, in this case are any condition. 01:16:08
Of approval necessary in this case to mitigate any potential. 01:16:14
Adverse impacts that result from this project. 01:16:18
Well, I think if, if, if. 01:16:27
If we would approve it, then we'd have to add those conditions. 01:16:30
Depends on whether it's you move. 01:16:35
To deny her or pass. 01:16:37
Approved. 01:16:39
And so I'm looking for a motion to either approve or deny. 01:16:46
Or approve as conditions the variance. 01:16:49
Because the high ordinary high watermark set back requirements. 01:16:52
I'll make a motion to deny the variance request. 01:16:57
Is there a second? 01:17:02
I'll second. 01:17:06
OK. Any discussion? 01:17:14
I can see his point where the. 01:17:20
The landing is out that far already, but like and he says. 01:17:23
The rest of it would be expanding it, so unfortunately it doesn't fall under. 01:17:27
I can see your reasoning, but. 01:17:32
Doesn't fall under the. 01:17:34
Code right? 01:17:36
Any other? 01:17:39
Discussion. 01:17:41
Hanging on, I'll call the roll. 01:17:44
America's absent John. 01:17:46
Yes. 01:17:49
Russell yes. 01:17:51
Rodney. 01:17:52
Myself. 01:17:54
Yes. 01:17:55
The vote is 4 to 0, so the. 01:17:57
Variance request is denied. 01:18:00
Thank you, gentlemen. 01:18:09
Have a good evening. 01:18:10
Another business we have two petitions for. 01:18:21
September one in Westford. 01:18:25
Is a shoreland 1 again? 01:18:27
And, umm. 01:18:30
Lamira is a Hwy. 1. 01:18:31
So too close to the road or? 01:18:33
Correct. 01:18:36
What's the first one? 01:18:37
Westford ordinary high watermark. 01:18:39
Adjourn. 01:18:49
Road the 1. Villa Myers. 01:18:50
What's that? 01:18:53
What Rd. 01:18:54
It's county highway, I know that much. 01:18:56
Hear a motion adjourn. 01:18:59
Second on favor say aye. 01:19:02
Aye, opposed. 01:19:05
Motion is adjourned. Meeting is adjourned. 01:19:06