Transcript

Event transcript
It's recording. 00:00:24
The meeting of the Dodge County Board of Adjustment is here by call to order. 00:00:32
Roll call. 00:00:36
Mark Osmer, Samson. 00:00:37
John Chaney, he absent. 00:00:39
Russell Kutch here. 00:00:40
Rodney Dressman here. 00:00:42
Myself here, Larry Bishop absent. 00:00:44
Man, cool falls here. 00:00:47
A quorum is prison. 00:00:50
At this time I'd like. 00:00:54
Point Rescott is temporary secretary for tonight. 00:00:55
Yes, Sir. Noted. 00:00:59
Any changes to the agenda? 00:01:02
And then review the minutes of the September 11th meeting. 00:01:08
Also move to approve. 00:01:14
Second, any discussion? 00:01:16
Hearing none all in favor say aye. 00:01:19
Aye, opposed motion is carried. 00:01:21
For staff, please read the hearing procedures for tonight's meeting into the record. 00:01:24
We're meeting. 00:01:29
Today to hear the requests for modifications the Dodge County Land Use Code. We have a series of two public hearings tonight. 00:01:30
And the procedure for these hearings will be as follows, the Chairman of the Board of Adjustment will read. 00:01:37
The public hearing notice after. 00:01:42
Which a staff member. 00:01:45
From the Dodge County Land Resources and Parks Department will read a report that has been prepared by county staff regarding. 00:01:47
The request before the board. 00:01:53
Following this staff report and appellant and or their agent will be asked to come before the board. 00:01:55
The appellant will be asked. 00:02:01
Their name? 00:02:02
For the record, and. 00:02:03
They made. 00:02:05
Present their case to the board or add any additional information to the record. 00:02:06
Those in attendance Which? 00:02:11
Wishing to speak in favor or opposition can come before the board and speak. 00:02:13
If you wish to speak, you will be asked to step up to the microphone. 00:02:18
Which is located in the center of the room. 00:02:21
And state your name and address for the record. 00:02:23
And to state your position regarding the request before the board. 00:02:26
Please address your comments. 00:02:29
Any questions to the board and not to the appellant? 00:02:31
You'll only be allowed to speak once, so please be prepared. 00:02:34
To present all of your concerns. 00:02:37
Any questions to the board when you speak? 00:02:39
If you have a letter, read into the record. 00:02:41
You are not allowed. 00:02:44
To speak. 00:02:45
After those in attendance have spoken. 00:02:47
Written correspondence. 00:02:49
That has been received by the board. 00:02:51
Or which has been collected by the board during on site visits. 00:02:54
Will be read into the record. 00:02:57
The board will have an. 00:03:00
Opportunity to. 00:03:01
Now, so you found any questions following the board's questions, the appellant will. 00:03:02
Be allowed to give a final statement for the record. 00:03:07
After receiving all the testimony. 00:03:10
The board will then deliberate and will make. 00:03:12
A decision to grant. Grant in part. 00:03:14
Or deny the variance request. 00:03:17
And if approved, the. 00:03:19
May place conditions on the approval. 00:03:21
If they feel. 00:03:23
It necessary to address or mitigate any potential adverse impacts. 00:03:24
The proposal may have on the adjacent properties for the Community. 00:03:29
If the variance is approved, the staff will be directed to issue the land use permit incorporating. 00:03:34
Those conditions approved by the board. 00:03:39
Any person. 00:03:41
Or persons agreed by. 00:03:42
Any decision of the Board of Adjustment may present. 00:03:44
To a court. 00:03:47
A record. A petition. 00:03:48
Duly verified setting forth. 00:03:49
That such decision is illegal. 00:03:51
And specifying the grounds for the illegality. 00:03:54
Such petition. 00:03:57
Presented to the Circuit Court in this county within 30 days after the filing. 00:03:58
Of the decision. 00:04:03
In the Office of the Board of Adjustment. 00:04:04
Tony assumes. 00:04:06
No liability and makes no. 00:04:07
Warranty as the reliance on any decision. 00:04:09
If the construction is commenced prior to the. 00:04:12
Expiration date of this 30 day period. 00:04:14
If during the meeting. 00:04:17
Procedural questions or other points of order arise. 00:04:18
The final decision of this board may be postponed until. 00:04:21
More information is gathered Consider. 00:04:25
And properly active fund. 00:04:27
Thank you, Randy. 00:04:32
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment. 00:04:36
And Thursday. 00:04:41
September 9th. 00:04:45
18th at 7:00 PM or shortly thereafter in the first floor. 00:04:47
Meeting rooms of the Dodge County Administration Building, Juneau, WI. 00:04:50
And the appeal of Jeffrey? 00:04:54
Grass it seek that right. 00:04:56
Grazing. 00:04:59
Real sick, thank you. 00:05:00
For variances to the terms of the. 00:05:02
Ordinary high watermark set back and impervious service provisions of the Dodge County Short and Protection Ordinance. 00:05:04
To allow a structured driveway to remain that does not meet the ordinary high watermark. 00:05:10
Chef Beckham does not meet the impervious service surface regulations. 00:05:14
As constructed, the driveway is 55 feet from the. 00:05:18
Ordinary high watermark or 19.5 feet within the required set back. 00:05:22
Which is prohibited by the code and. 00:05:27
The impervious services are 31.29. 00:05:29
Or 1.29 more than allowed without mitigation. 00:05:33
These are requests to. 00:05:37
Various. 00:05:39
Variances to subsections. 00:05:40
6.1 and 9.5. 00:05:43
Of the Dodge County shoreline protection. 00:05:45
Coordinates. 00:05:48
Property location. 00:05:49
The Westerly. 00:05:53
50 feet of Lot 18 of Durgies. 00:05:55
Lake Shore, part of the. 00:05:58
Southeast quarter of the northwest quarter. 00:06:00
Section 19. 00:06:03
Tone of whisper. 00:06:04
Westward. 00:06:06
The site address being in 8364 County Road P. 00:06:07
A copy of the proposed petition is available for review in the Land Resources and Parks Department. 00:06:15
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:06:20
All interested person. 00:06:24
Are invited to attend and be heard. 00:06:27
Written comments may be submitted to the Dodge County Land Resources and Parks Department at 127 E Oak St. Juneau, WI or by e-mail 00:06:29
no later than September 17th, 2025. 00:06:35
Dodge County Board of Adjustment by William Knox, chairman. 00:06:42
Can you please read the staff report at this time, Sir? 00:06:49
County has jurisdiction over this site. That's town of Westford falls under the counties. 00:06:54
Shoreline protection ordinance. 00:06:57
Subsections 14.7 Parent one through 14.7 Parent 6 Dodge County shoreline protection ordinance. 00:06:59
Less procedural. 00:07:07
And the approval criteria for. 00:07:09
The variance process. The board shall hold a public hearing on each variant. 00:07:11
Application and. 00:07:15
Following the public hearing, actual approval, approval conditions or deny the. 00:07:17
Variance based upon the approval criteria of sections 14.7. Parents 6. 00:07:21
The application An application for a variance request was submitted. 00:07:26
By the applicant on July 8th, 2025 to allow a structure a driveway. 00:07:31
To remain that does not meet the ordinary high watermark set back. 00:07:36
It does not meet the impervious service regulations. 00:07:40
And as constructed, the driveway is 55 feet from the ordinary high watermark. 00:07:42
Or 19.5 feet within the. 00:07:47
Required set back, which is prohibited by the ordinance. 00:07:49
And the impervious surfaces are 31.29. 00:07:53
Percent or 1.2. 00:07:57
9% more than is allowed without mitigation. 00:07:59
These are requests. 00:08:03
For variances to section. 00:08:04
6.1 and 9.5 of the Dodge County Shoreline Protection Ordinance. 00:08:06
County has shoreland. 00:08:11
Jurisdiction over this site. 00:08:12
As the size located within 1000 feet of the ordinary high watermark would never from a Watt. 00:08:14
Body of water Beaver Dam Lake. 00:08:19
The property is currently being. 00:08:21
Used for residential use. 00:08:23
The physical features of this. 00:08:25
3.309 acre lot includes. 00:08:27
Fairly flat topography with filtering 0 to 2%. 00:08:30
Parcel contains the residence and associated accessory structures. 00:08:35
As this is an after effect. 00:08:39
Application. 00:08:41
Staff is unable to accurately and reliably determine. 00:08:42
The impervious surface calculations. 00:08:46
Prior to the work. 00:08:48
That was done. 00:08:49
Impervious. 00:08:51
After the project was completed, where? 00:08:53
4211.66 square feet or 31.29%. 00:08:57
These properties considered. 00:09:02
To be a highly developed shoreline. 00:09:03
Under Section 9.4 of the Dodge County Shoreline Protection Ordinance. 00:09:06
And is permitted up to 30%. 00:09:10
Impervious surfaces without mitigation. 00:09:12
And up to 40%. 00:09:14
With mitigation. 00:09:16
1st subsection 9.5 Parent two of the Dodge County Charlotte protection ordinance. 00:09:17
Sufficient evidence. 00:09:23
Of a pre-existing driveway in this location was not provided by the property owner. 00:09:24
The general character. 00:09:29
Of the surrounding land use consists of single family residences. 00:09:31
To the West and east. 00:09:35
An agricultural field. 00:09:37
To the South of County Road CP. 00:09:38
And Beaverland Dam Lake to the north. 00:09:41
Per Section 16.2 of the Dodge County Shoreline Protection Ordinance. 00:09:44
The driveway is defined as a structure. 00:09:48
The set back for the structure per Section 6.2 of the Dodge County Charlotte Protection Ordinance. 00:09:51
Is 75 feet from the ordinary high watermark. 00:09:57
The driveway of this property is currently located. 00:09:59
55.5 feet from the ordinary high watermark. 00:10:02
According to the Dodge County GIS System, the driveway may be placed. 00:10:07
Across the side lot line to the east. 00:10:11
Permit History. 00:10:14
On John January 10th, 2024, and after the fact, the application for a county land use permit was made by the appellant. 00:10:16
To allow the 8.75. 00:10:23
By 52.25. 00:10:26
Foot driveway to remain. 00:10:30
That for. 00:10:34
457 square feet. 00:10:35
On it's. 00:10:38
An on site inspection was conducted by staff on January 25th. 00:10:40
2024 and the permit was denied by staff. 00:10:44
June 10th. 00:10:48
2025 of various application. 00:10:50
Was submitted to this department on July 8. 00:10:53
Of 2025. 00:10:56
Applicable ordinance provisions in this case. 00:10:59
Structure. 00:11:03
2nd Statute. 00:11:04
559.692 Parent One parent E. 00:11:06
State statutes within the Dodge County Charlotte protection ordinance. 00:11:11
Principal structure. 00:11:15
Or an accessory structure. 00:11:17
Including a garage, shed, boathouse, sidewalk, walkway, patio, deck. 00:11:19
Retaining wall, porch or fire pit. 00:11:23
Section 6.1. 00:11:26
Strolling setbacks. 00:11:27
Within the Dodge County Shoreline protection ordinance, unless. 00:11:29
Exempt A. 00:11:31
Set back of 75 feet from the ordinary watermark of any navigable waters. 00:11:33
To the nearest part of a building or structure shall be required. 00:11:38
For all buildings and structures. 00:11:42
Subsection 59.5 parent to maximum impervious services. 00:11:45
For a highly developed shorelines. 00:11:49
Within the Dodge County Shoreline protection Ordinance, this provision allows. 00:11:51
For a property to reach up to 30% with MID without mitigation and up to. 00:11:55
40% with mitigation. 00:11:59
Section 9.6. 00:12:02
Treated impervious surfaces. 00:12:04
Within the Dodge County Shoreline Protection ordinance provisions. 00:12:06
This provision states that impervious services that can be documented to show. 00:12:10
That they are meeting any of the requirements under this section. 00:12:14
Shall be excluded from the impervious service calculations. 00:12:18
Section 9.7 Existing exists. 00:12:22
Existing impervious surfaces. 00:12:26
Within the Dodge County Shoreline Protection Ordinance, this provision allows for the relocation or modification of existing. 00:12:28
Impervious services with similar or different impervious surfaces. 00:12:34
Provided that the real location or modification does not result in an increase. 00:12:37
Of the impervious surface. 00:12:42
Calculations. 00:12:44
This permit was denied by the county land use administrator. 00:12:45
For the following reasons. 00:12:48
As proposed, the driveway. 00:12:49
Would be located 55.5 feet from the ordinary high watermark. 00:12:51
Beaver Dam Lake or 19.5 feet within the. 00:12:56
Requiring set back and thus prohibited by Section 6.1 of the Dodge County Shoreline Protection Ordinance. 00:12:59
Additionally, the impervious service on this property. 00:13:04
4211. 00:13:08
.66 square feet. 00:13:09
Or 31.29%. 00:13:11
This property is considered to be. 00:13:14
Highly developed shoreline under. 00:13:17
Section 9.4. 00:13:19
The Dodge County Shorewood Protection Ordinance and is. 00:13:20
Permitted up to 30%. 00:13:23
Impervious services without mitigation entered up to 40% with mitigation. 00:13:25
First section 9.5, parent 2. 00:13:29
Of the Dodge County Charlotte Protection Ordinance. 00:13:32
According to. 00:13:34
Subsection. 00:13:35
9.5 parent to the maximum allowed in pervious services for this lot. 00:13:36
Without with mitigation. 00:13:40
Our 40%. 00:13:42
Currently the lot exceeds the. 00:13:43
Permissible impervious surfaces for a highly developed shoreline. 00:13:45
Under section. 00:13:49
9.7. 00:13:51
The property owner may maintain. 00:13:52
An increase in pervious services. 00:13:55
Provided there is no further expansion expanded. 00:13:57
However, the proposed increase exceeds the bolting impervious service limits. 00:14:01
Set by section 9.5, parent 2. 00:14:06
And standards in Section 9.7 of Dodge County Shoreline Protection Ordinance. 00:14:09
Making it prohibited. 00:14:14
Section of the ordinance may be met. 00:14:16
By utilizing. 00:14:19
The treated impervious service requirements listed under. 00:14:21
Section 9.6 or by lead relocation. 00:14:24
Of existing impervious services. 00:14:27
Under Section 9.7 of the Dodge County Shoreline Protection Ordinance. 00:14:29
The appellant is requesting a area of variance. 00:14:33
Section 6.1. 00:14:36
And Section 6 or 9.5 of the Dodge County Shoreline Protection Ordinance. 00:14:38
There was number response. 00:14:43
From the Township within 30 days. 00:14:44
The purpose Purpose statement. 00:14:47
Members of the water set back provisions of the ordinance. 00:14:50
Is to require uniform set back distance from the water. 00:14:54
Preserve the public interest in shorelines and navigable waters of the state. 00:14:57
Every property owner that. 00:15:01
As frontage on a body of water is required to comply. 00:15:02
With this uniform set bar set back requirement. 00:15:06
In this case. 00:15:08
The driveway is located within the. 00:15:09
Set back, therefore prohibited by the code. 00:15:11
The purpose of the impervious surface provisions of the Ordinance. 00:15:14
It's a controlled runoff which carries pollutants. 00:15:17
Through the water and of the state. 00:15:20
And to protect. 00:15:22
Navigable waters and the public's interest therein. 00:15:23
From degradation and deterioration. 00:15:27
As proposed, the final impervious services. 00:15:29
Would be 4211.66 square feet or. 00:15:32
173.66. 00:15:36
Square feet above the required maximum. 00:15:39
Employee resources for this lot. 00:15:42
And thus prohibited by the code. 00:15:44
Staff Advisory staff points out the board does not have summary powers. 00:15:46
To ignore. 00:15:50
Ordinance provisions or objectives the burden of. 00:15:52
Also falls upon the appellant to convincingly demonstrate. 00:15:55
To this board that a literal enforcement of the shoreline protection ordinance. 00:15:59
Result in an unnecessary hardship. 00:16:03
That hardship is due to the special conditions unique to the property. 00:16:05
And if granted? 00:16:09
The variance would not be. 00:16:10
Contrary to the public interest. 00:16:12
It is important to note that the impervious surface section of the. 00:16:14
Land use permit can be met by utilizing treating the previous service requirements. 00:16:17
Listen under section 9.64 by the relocation. 00:16:22
Just to confirm your surface. 00:16:25
Under Section 9.7 of the Dodge County Charlotte Protection ordinance. 00:16:29
Examples of these could include. 00:16:32
But are not limited to a replacement of an impervious surfaces with. 00:16:34
Permeable pavers. 00:16:38
Removal of concrete, such as sidewalks for a portion of the driveway. 00:16:39
Installing an infiltration basin or installing a rain? 00:16:44
It's a staff position that the board will be unable to make. 00:16:47
Findings necessary in order to grant. 00:16:50
The variance in this case and therefore the variance request should be denied. 00:16:53
If the board does not make. 00:16:57
The findings necessary in order to grant. 00:17:00
If the board does me. 00:17:02
The findings necessary to in order to grant a variance. 00:17:04
The requested conditions are listed below. 00:17:07
Survey is done to confirm that the driveway does not cross the east property line. 00:17:10
Establishment. 00:17:15
Of. 00:17:16
Restoration of the vegetative. 00:17:17
Thank you. 00:17:25
For the appellant, please come forward. 00:17:29
Please state your name for the record. 00:17:41
Jeffrey Gray, Zack. 00:17:43
Is there any information regarding your request that you would like to add to the record at this time? 00:17:46
I've submitted everything that I. 00:17:52
Did I believe in writing? 00:17:56
I'm not sure how many gentlemen came out and. 00:18:00
Affected the property altogether. 00:18:02
We were all there. You were all there. 00:18:04
OK, see how? 00:18:06
And. 00:18:08
You saw what I had right there. 00:18:09
And as. 00:18:13
What I what I did was is I replaced. 00:18:16
Our grass and gravel driveway. 00:18:19
Which was sloped down. 00:18:21
Not very accessible and was actually kind of dangerous. 00:18:25
And. 00:18:29
Over that. 00:18:30
I graded out the gravel that I had. 00:18:31
Existing from going towards. 00:18:34
The street side. 00:18:37
That was like at grade. 00:18:38
And dropping down to. 00:18:40
1012 inches. 00:18:41
Graded that out. 00:18:44
Didn't add any new gravel. 00:18:46
And put. 00:18:48
The. 00:18:48
Concrete on top of that. 00:18:50
Right up to the edge of the existing sidewalk. 00:18:51
Which? 00:18:56
Which made. 00:18:59
Everything. 00:19:01
In that area that I did very. 00:19:03
Accessible. 00:19:05
For. 00:19:07
Anybody getting in and out of the house? 00:19:09
Which I had many. 00:19:12
Quite a few handicapped. 00:19:13
Family members. 00:19:15
We. 00:19:19
Had my fiance's mother of a father was. 00:19:20
In the process of moving in with us. 00:19:25
Did move in with us for a very short time, but he was up there quite a bit. 00:19:27
With his Walker with an oxygen tank. 00:19:31
And. 00:19:35
That this is after I did the driveway and it was. 00:19:36
Just conducive to get out of the car on a flat surface in any weather. 00:19:41
It was really. 00:19:46
I'd have to. I'm not going to seem possible. 00:19:50
But would somebody with these that uses these? 00:19:53
Walkers and Canes. 00:19:59
It was really bad. 00:20:01
And. 00:20:03
With. 00:20:06
What I did with that I actually. 00:20:07
Put in another doorway. 00:20:09
Right at the end of where that driveway ended. 00:20:12
So that. 00:20:15
Maximum width. 00:20:17
Doorway. 00:20:19
Get a wheelchair in and out. 00:20:20
Very simply. 00:20:22
If that's the case, and. 00:20:23
For. 00:20:26
Entry or for exit in case of an emergency. 00:20:27
And. 00:20:30
Sidewalk. We know sidewalks like. 00:20:33
Where the walkway on the side of the house it's only that wide and. 00:20:35
Just wasn't. 00:20:39
I don't think was safe. It really wasn't safe, so I replaced one surface with another. 00:20:43
And. 00:20:48
What I did was I. 00:20:50
Didn't need a. 00:20:52
I didn't know that I was within. 00:20:54
Set back because that was replacing one surface or the other. I didn't know that there was. 00:20:56
Set back for this I did know. 00:21:01
That if I had something over $5000 of improvements to be done that I would need a permit. 00:21:04
Through the town. 00:21:13
I did know that much. 00:21:14
And. 00:21:16
Like that's. 00:21:17
What I did? 00:21:18
With that little bit of concrete, there was not $5000, so I knew that, but then when I enclosed my. 00:21:19
Previous. 00:21:29
Patio It was an open air patio. Nothing was added there that. 00:21:31
I did get my permit from the town because it was well over $5000 putting in the door and the windows and closing the patio. 00:21:36
So that's what I. 00:21:44
Did there and we had. 00:21:45
We had my future father-in-law that moved in with us. 00:21:48
And sadly. 00:21:52
In a very short time. 00:21:54
Things took a turn for the worst time. 00:21:56
But. 00:21:58
That's not just the only reason I did, but I have other family members. 00:22:00
They did that and the houses. 00:22:03
Is is completely accessible for anybody with a handicap with improvements have also done. 00:22:05
Inside the house. 00:22:13
Let alone the extra doorway that was wide. 00:22:14
Regulation type. 00:22:19
Railing in the house. 00:22:21
Put in new toilet that are. 00:22:24
Ada Heights. 00:22:27
Grab bars. 00:22:28
Side of the toilet inside the shower. 00:22:30
Walk in, shower, and I've done those things to make the house completely handicap accessible. 00:22:34
And. 00:22:39
That's what I did to make. 00:22:41
These improvements. 00:22:43
To this House and. 00:22:46
They weren't conducive to somebody. What a handicap before. 00:22:48
But umm. 00:22:51
Right now and as. 00:22:52
You know if if. 00:22:55
We we know the weather, we get up here in the winter time. 00:22:57
That would be impossible. 00:23:00
Trying to get in and out of a doorway with a very. 00:23:03
Narrow walkway and. 00:23:06
It's that's. 00:23:09
You know, shovel 2-3 feet of snow that could be piled up on the side of the house, which it has been. 00:23:11
It has been and. 00:23:17
That's what I did with the property, gentlemen. 00:23:20
Hey, thank you. 00:23:26
I think so, unless. 00:23:28
Is there anyone in attendance that would like to speak in favor of this variance request before the board? 00:23:32
Shackle. 00:23:39
Anyone in attendance that would like to speak in favor of this variance request? 00:23:44
They can't. They can't hear you back. 00:23:50
Do you want to speak in favor for me? 00:23:55
Should I stay here? 00:24:06
Sure, OK. 00:24:08
State your name for the record please. 00:24:23
Your name. 00:24:28
Robert. 00:24:29
Stomach. 00:24:30
And. 00:24:34
I live next door to. 00:24:35
M. 00:24:39
And. 00:24:43
As far as what he has done. 00:24:45
Through the place. 00:24:48
Just. 00:24:52
Make everything better. 00:24:54
And. 00:24:58
I can say. 00:25:01
That. 00:25:02
His driveway down by the house. 00:25:05
Was uh. 00:25:08
Almost you could say it was a mud puddle. 00:25:10
And I have seen. 00:25:15
That there. 00:25:19
Relation has came. 00:25:21
In a wheelchair. 00:25:24
And with walkers. 00:25:26
In it was kind of hard for them. 00:25:30
To get. 00:25:34
On offer the the driveway there. 00:25:36
Up into the house. 00:25:39
And that was one reason. 00:25:42
That he put the cement in there so they wouldn't have to. 00:25:45
The. 00:25:51
All you want to say in. 00:25:53
Not have to go through a mud puddle, but they could walk nicely. 00:25:59
Safely. 00:26:05
Into the house. 00:26:07
Then if you got any questions you're gonna ask me. 00:26:13
Good morning. You're glad I answered. 00:26:18
Just telling you what what I know. 00:26:23
Did the driveway go as far as it was now? 00:26:27
It did gravel driveway go as far? 00:26:31
As the similar one does now. 00:26:34
Can't understand what you were still you gotta talk closer to the mic I think. 00:26:39
Did the gravel driveway go? 00:26:46
Just as far towards the lake as the cement one does now. 00:26:49
I believe it does the driveway gravel driveway goes up. 00:26:53
To where the cement starts. 00:27:00
But where he put the cement? Was there gravel there before? 00:27:06
Ah, you're talking about. 00:27:10
The side of the house where the doors were. The gravel air. 00:27:15
There was very little. 00:27:20
Gravel there and it was kind of. 00:27:22
Down. 00:27:24
From the driveway and. 00:27:28
When it got to the house, it kind of went down like this. 00:27:31
And OK. 00:27:37
That's one reason that he put the cement and so when? 00:27:39
The company came that were. 00:27:46
Crippled up or in? 00:27:49
Wheelchairs and walkers and canes and stuff. 00:27:52
That they wouldn't have to walk through that. 00:27:57
OK. Is that it? 00:28:01
Yeah. Thank you. 00:28:04
Oh, you're welcome. 00:28:06
Is there anyone else in the audience that would like to speak in favor of this variance request? 00:28:08
Is there anyone else in the? 00:28:16
Audience, I would like to speak in favor of this request. 00:28:17
Is there anyone else who would like to speak in favor of this request? 00:28:24
Is there anyone in the audience that would like to speak in opposition to this variance request? 00:28:31
Is there anyone in the audience that would like to speak in opposition to this variance request? 00:28:38
Is there anyone in the audience I would like to speak in? 00:28:46
Against this variance request. 00:28:48
Yes. 00:28:50
Have my written response. 00:28:51
OK. Thank you. 00:28:54
Anyone else care to speak against this variance request? 00:28:55
The board have any questions of the appellant? 00:29:02
No. 00:29:05
Not at the time. 00:29:08
I think we should hear the rest of this. 00:29:10
He's whatever he's got there. 00:29:14
Start with the. 00:29:25
The DNR. 00:29:27
Dear board members, the Department of Natural Resources received. 00:29:28
Has received the notice for the September 18th. 00:29:32
2025 Public hearing concerning the after the fact variance request. 00:29:35
Submitted by Jeff Gray Sick. 00:29:38
The request is to allow a structure to remain, which is. 00:29:40
Constructors 55 feet. 00:29:43
55.5 feet from the ordinary high watermark of Beaver Dam Lake. 00:29:45
And to allow. 00:29:49
31.29% impervious surfaces. 00:29:50
On lot. The Dodge County zoning ordinance requires structures to be. 00:29:54
Set back 75 feet from the ordinary high watermark. 00:29:58
The Dodge County Charlotte ordinance allows a maximum of 30% impervious services without mitigation. 00:30:01
As stated in the variance, the property is located. 00:30:07
And 8364 County Road CP in the town of Westford. 00:30:10
The department is writing in response to the county Board of Adjustments requests for an opinion. 00:30:16
From the department. 00:30:20
Per chapter. 00:30:22
By 59.692. 00:30:23
Parent for parent B Wisconsin State statutes. 00:30:26
As allowed by a law. 00:30:30
This letter is based on the information provided in the hearing notice. 00:30:32
And the application submitted. 00:30:36
Please have this letter delivered and read into the. 00:30:38
Right before the Bo. 00:30:41
Per the informed. 00:30:44
Information provided. 00:30:46
The application applicant the department does not have believe. 00:30:47
The applicant can demonstrate. 00:30:52
Meeting the three statutory criteria for granting a variance. 00:30:54
The Snyder versus Waukesha County. 00:30:58
Zoning Board of Adjustment. 00:31:00
Decision. 00:31:02
74. 00:31:04
With D2468. 00:31:05
Come 478-7927247. 00:31:10
And W. 00:31:16
2D98 made it clear that the circumstance. 00:31:17
Or desire of the applicant is not a factor to be considered when. 00:31:22
Deciding variances further. 00:31:26
The statute. 00:31:28
State versus Winnebago County decision. 00:31:29
Established that economic loss or financial hardship does not justify a variance. 00:31:32
As the board. 00:31:38
Board reviews the variance requests. Please keep in mind that the applicant has. 00:31:39
Burden of proving. 00:31:43
That their request meets all the statutory requirements for the granting of a variance. 00:31:45
For each request. 00:31:50
That is, the applicant must remove. 00:31:52
That they will suffer an unnecessary hardship if the provisions. 00:31:54
In the county, Sterling board zoning ordinance are literally enforced. 00:31:58
Wisconsin Supreme Court has made it clear that proof of. 00:32:02
Unnecessary hardship by itself. 00:32:06
Does not entitle an applicant to a variance. All three statutory. 00:32:08
Variance criteria. 00:32:12
Must be satisfied in order. 00:32:14
To grant a variance. 00:32:16
It may be possible. 00:32:18
That the applicant will provide additional evidence. 00:32:19
At the hearing, which may change the conclusion listed below. 00:32:23
Unique physical limitations. The applicant must demonstrate that. 00:32:28
Unique physical limitations. Wetland. 00:32:32
Steep slopes. 00:32:35
Streams rock outcroppings for. 00:32:36
Special conditions of the property exists that. 00:32:38
Prevent. 00:32:42
Compliance with the ordinance. 00:32:43
Regulations. 00:32:44
The physical limitations must be. 00:32:45
Unique to the property in question. 00:32:48
And not generally shared by other properties in the area. 00:32:50
When determined in a. 00:32:54
If compliance is prevented. 00:32:55
The whole parcel must be considered. 00:32:57
The applicant has not provided information describing physical property limitations. Unique. 00:32:59
To this property and not. 00:33:05
Generally shared with. 00:33:07
Other properties in the area. 00:33:09
No harm to the public interest. The applicant must demonstrate that the variance will not result in harm. 00:33:11
Or be contrary to the public interest. The Board. 00:33:16
Must consider the. 00:33:20
The impacts of the proposed. 00:33:21
Project as well as the cumulative impacts of similar projects. 00:33:23
On the interest of the neighbors, the community. 00:33:27
And the general police. 00:33:30
These interests are listed in the purpose statement. 00:33:32
Of the ordinance and. 00:33:35
For shoreland zoning. 00:33:36
To keep protection of public health. 00:33:39
Safety. 00:33:42
And welfare, maintenance of clean water, protection of Fish and Wildlife have fed. 00:33:43
And. 00:33:47
Preservation of. 00:33:48
Need natural scenic beauty? 00:33:49
Scientific studies have shown when projects are constructed within the water set back, there can be an environmental concern such 00:33:53
as the change in fish species from game fish to rough fish. 00:33:58
Loss of wildlife habitat. 00:34:03
More runoff entering. 00:34:05
To the lake without filtering. 00:34:06
Loss of natural scenic beauty, etc. 00:34:09
Cumulative impacts of the repeated. 00:34:12
Project so close to the water bodies. 00:34:14
Can multiply. 00:34:17
The impacts of the loss of habitat the applicant has not provided. 00:34:18
Information describing no harm to the public interest. 00:34:22
Unnecessary hardship. The applicant must demonstrate that if the. 00:34:26
Variance is not granted. An unnecessary hardship exists. 00:34:30
The applicant may not claim unnecessary hardship because of the conditions. 00:34:33
Which are self-imposed or created by a prior owner. 00:34:37
For example, building home. 00:34:41
In compliance and then it subsequently. 00:34:42
Constructing a deck without a permit. 00:34:46
Courts have also determined. 00:34:48
That a economic, financial or. 00:34:50
Or financial hardship does not justify a variance. 00:34:52
For determining whether. 00:34:55
Unnecessary hardship exists the board must consider. 00:34:58
The property as a whole, rather than just a portion of the. 00:35:01
Parcel. 00:35:04
Unnecessary hardship exists only if the property owner. 00:35:05
Shows that they would. 00:35:08
Have no reasonable use of the property. 00:35:10
A lot of variance. 00:35:12
If the. 00:35:13
Property currently supports a reasonable use. 00:35:14
The hardship test. 00:35:17
The is not met. 00:35:19
And the variance may not be granted. 00:35:20
The property owner. 00:35:23
Bears the burden of proving and unnecessary hardship. 00:35:25
Please note that these comments are in regards to the shoreland. 00:35:28
Zoning regulations only. 00:35:32
And do not reflect applicable division. 00:35:33
Waterway permitting. Floodplaining. 00:35:36
And other. 00:35:38
Regulations. 00:35:40
Is the responsibility of the Board of Adjustments to assure the statutory standards of the? 00:35:42
Granting of a variance are met. 00:35:46
And the standards help. 00:35:48
To ensure protection of the public interests, including preservation of water quality. 00:35:50
And Fish and Wildlife habitat along lakes and rivers. 00:35:54
Wisconsin's navigable waterways. 00:35:57
Are held in trust for all people to enjoy. 00:35:59
The Charlotte set back is important to protect the water quality. 00:36:02
Natural scenic beauty and the Fish and Wildlife habitat for Wisconsin waterways. 00:36:06
The department appreciates. 00:36:11
Your commitment to Dodge County water resources and protection of public interest. 00:36:13
For future generations, sincerely. 00:36:18
Kristen Rank. 00:36:20
Shoreline and floodplain zoning specialist, Wisconsin Department of Natural Resources. 00:36:21
We have some. 00:36:30
Few letters in favor. 00:36:32
To whom it may concern, my name is Wayne. 00:36:38
Weber. 00:36:41
I was a prior owner of the homes. 00:36:43
Starting. 00:36:46
In late 2000. 00:36:46
9. 00:36:48
To the best of my knowledge. 00:36:49
Area between the house and the garage and the fence. 00:36:51
Had a gravel base. 00:36:54
There was always some weeds there. 00:36:55
Weeds and grass growing on the surface, but. 00:36:57
That area of the driveway. 00:37:00
Was always a hard service which supported my truck without any visual depressions. 00:37:02
Year round. 00:37:07
Wayne Weber. 00:37:08
An e-mail. 00:37:11
I've seen the property question. 00:37:14
Prior to contract, contract. 00:37:16
Concrete being poured. 00:37:18
It was a gravel. 00:37:20
And grass existing. Gravel was just leveled out. 00:37:21
And concrete poured on top of it with no additional gravel being added. 00:37:25
I have no objections to the work that was done on the property. 00:37:29
Thank you. 00:37:32
Steve Garb. 00:37:32
E-mail to whom it may concern my name is. 00:37:40
Michael Reinik. 00:37:43
I am the. 00:37:45
Relative of Jeffrey Krasick. 00:37:46
And the owner of N. 00:37:47
83. 00:37:49
64. 00:37:50
CP, Beaver Dam, WI. 00:37:51
I have been to his house numerous times before and after he's poured the concrete alongside this house. 00:37:54
Prior to the gravel. 00:38:00
The prior gravel and grass was not. 00:38:02
Easy access to the house. 00:38:04
When he completed the concrete pad, the newly installed. 00:38:07
Second entrance made ease of access very simple with my. 00:38:10
Disability as I use a cane and a Walker. 00:38:14
He has also made improvements inside his home. 00:38:17
That our handicapped friendly and 88 accessible. Thank you. 00:38:20
Michael. 00:38:24
Writing. 00:38:25
I have one in opposition. 00:38:27
We are Jeffrey Gracie's neighbors and his driveway. 00:38:44
Is abutting our property. 00:38:47
We read Mr. Gray 6 requests for a variance. 00:38:50
And it is nonsense. He did not put the driveway. 00:38:52
Into accommodate an 88 entrance his girlfriend's father. 00:38:56
Came to the residence two or three times since he. 00:39:00
Purchase a property and her father is now deceased. 00:39:03
Her father did use a wheelchair. 00:39:06
McCain, your father, lived at the property for a few days in June. 00:39:08
But he had a medical incident and ended up in the hospital and died on July 4th, 2024. 00:39:12
Here's the obituary for his girlfriend's father. 00:39:19
Therefore, since July. 00:39:23
Of 2022, which is the date Mr. Grayson purchased a property he has need. 00:39:25
As needed. 88 accommodations, 3 or 4 times. There is no one living. 00:39:31
Full time or part time at the residence that needs 88 accommodation. 00:39:36
In fact, it appears that Mister Grayson no longer lives at the residence. 00:39:41
We see them infrequently. 00:39:45
I believe his mother might have. 00:39:47
Needed ADA accommodations but she never visited the property and now deceased. 00:39:49
Here's Mrs. Gray 6, Mr. Gray 6 mother's obituary. 00:39:53
Be that it may. 00:39:58
You do not need an entire driveway for 88 comp. 00:39:59
ADA accommodations. You simply need somewhere to roll the wheelchair. 00:40:03
There's a sidewalk that is 46 inches. 00:40:07
Why next to the house and the driveway abuts the sidewalk? 00:40:10
And is on the same. 00:40:14
And level as a sidewalk. 00:40:16
He does not need a 53 foot. 00:40:18
By 8.755 wait for an 88 entrance. 00:40:21
Especially since he has no one living with him. 00:40:25
That eats 88 accommodation. 00:40:28
Sidewalk is sufficient. 00:40:30
Or could be modified. 00:40:32
Wayne Weber on the property. 00:40:33
Before Mr. Gray sick. 00:40:35
When Wade Weber put the sidewalk in, he made sure that it was wider than his mother. 00:40:37
Sometimes visited and she. 00:40:42
Was it a wheelchair? 00:40:44
On the back of the house or the lakeside, there's a concrete porch. 00:40:46
When we whoever purchased the proper the house. 00:40:51
The concrete on the porch was all cracked. 00:40:55
Wayne added four inches of concrete over the existing concrete porch. 00:40:57
Which raised the porch 4 inches in order to. 00:41:01
Cover the crack concrete if you look at the porch slab. 00:41:04
You can see where the four inches was added. 00:41:08
Wayne also added the sidewalk next to the house. 00:41:10
Sidewalk slopes up. 00:41:13
Porsche and the driveway at Butts. 00:41:14
The sidewalk and slopes to the porch as well. 00:41:18
Attached as. 00:41:21
Exhibit C is a picture of the side of the porch. 00:41:22
And you can see where 4 inches of concrete was added to the top of the original porch. 00:41:26
Attached. 00:41:31
As Exhibit D1 is a picture of the property when Mr. Gray sick. 00:41:32
Purchase it, you can see the sidewalk and the slope of the land. 00:41:36
When Mr. Gray sick. 00:41:41
Started the project for the driveway at first. 00:41:42
He wanted to take down our fence. 00:41:45
Then he wanted to pour the driveway up to our fence. We told him we owned 12 inches. 00:41:47
On his side of the fence. 00:41:53
We have a survey that shows that. 00:41:55
We asked them to repeatedly get. 00:41:57
The survey He did not want to get a survey. 00:41:59
You also talked about putting in a carport and closing the driveway. 00:42:02
On three sides once the concrete was built. 00:42:06
We are concerned that he was going to. 00:42:08
Put footings for the carport on our property. 00:42:10
He talked about extending the roofline. 00:42:14
I was house up to our fence. 00:42:16
In order to put the carport. 00:42:18
He told us he wanted much. 00:42:21
As much. 00:42:23
Concrete is he could get my husband measured. 00:42:24
One point at the beginning of the driveway for him. 00:42:27
Because he refused to get a survey. 00:42:30
You know, want the driveway on our property? 00:42:32
At the time. 00:42:36
He it was the lesser of two evils since he refused to get a survey. We did not know that. 00:42:39
What to do at the point? 00:42:44
My husband measured. 00:42:47
The driveway is right. 00:42:48
On the lot line. 00:42:49
That is very the beginning of the driveway. 00:42:51
In the middle of the driveway. 00:42:53
It is 1 1/2 inches on our property. See exhibit. 00:42:55
E by the end of the driveway. 00:42:59
It is 3 inches on our property. 00:43:01
See Exhibit F. 00:43:03
See Exhibit GE. 00:43:06
Survey Mr. 00:43:07
Mark Thomas, check. 00:43:09
My husband never measured the middle or end of the driveway. He only measured one point at the beginning. 00:43:11
We do not want this driveway on our land. 00:43:17
We had an attorney. 00:43:19
Send Mr. Gray Sick a letter regarding the encroachment. 00:43:21
And he ignored it. He refused to even discuss any solution or contact. 00:43:24
The attorney we hired in order to try to resolve the matter. 00:43:29
He simply does not care. 00:43:33
And is indifferent to the problem he has created. 00:43:35
We rate. 00:43:38
We ran into problems with Mr. Gray Sick 1. 00:43:40
We decided to plan. 00:43:43
Bushes in order to define the prop. 00:43:45
The line lot lines. 00:43:47
We did have a survey, but the survey was over 10 years old. 00:43:51
We contacted Mark Thomas Check at New Frontier Land Survey. 00:43:54
And he asked him to do just plot the lines so we could plant bushes. 00:43:59
We did not want a full blown survey, we just wanted to make sure. 00:44:03
That the bushes that we planted were on a property. 00:44:07
We were shocked to find out Gray Sick had put in. 00:44:10
Part of his driveway on our property on top of that. 00:44:13
We do not pull the stakes out some, but someone. 00:44:16
At the Mr. Gray Chick, residents pulled out the stakes. 00:44:20
And flags that Mister Thomas Scheid. 00:44:23
Had placed. 00:44:25
Because of that. 00:44:27
When we heard that Mister Gray Sick wanted a variance. 00:44:28
We had Mr. Thomas I come back out again. 00:44:31
And put the stakes and flags back in. 00:44:34
This time, Mr. Thomas. 00:44:36
That's with concrete. 00:44:38
With the concrete saw. 00:44:40
The portion of the driveway that is on our property, we also wanted to. 00:44:42
Wanted a current survey to show the board of review. 00:44:47
Attached. 00:44:51
As Exhibit G is a copy of. 00:44:52
The survey for Mr. Thomas Check. 00:44:55
The concrete slab. 00:44:57
Of the driveway is 3 inches. 00:44:58
Thick at the beginning in 11. 00:45:01
And a half inches thick at the other end. 00:45:02
The driveway gets increasingly taller. 00:45:05
And the concrete gets thicker as it runs to the lake. 00:45:08
Exhibits J1 and J2. 00:45:12
Mr. Gracia. CAD change. 00:45:14
The natural slope of the property. 00:45:16
Now it is elevated is. 00:45:18
Pervious in. 00:45:20
Is draining all the water. 00:45:21
From his proper. 00:45:23
From this area onto our property. 00:45:24
His sidewalk and driveway are pitched. 00:45:28
Away from his house so that it runs on. 00:45:30
Our property. 00:45:32
He has no property next to his driveway. 00:45:34
We get all of his rainwater from the driveway and his. 00:45:36
Sidewalk. 00:45:40
Attached as Exhibit H2 are copies of the photos. 00:45:41
During heavy rainstorms, showing the water. 00:45:46
That the water draining onto our property are. 00:45:48
Own gutter and downspout. 00:45:52
He's on that side of the house. 00:45:54
Of our house and it is discharging our water. 00:45:56
On our property as it should. 00:45:59
The area next to our fence is very wet. 00:46:01
Four days after a rains, this is unacceptable and is not. 00:46:05
The way it should be. 00:46:08
He needs to mitigate the water. 00:46:10
And redirect water from his driveway and sidewalk onto his. 00:46:12
Property but. 00:46:17
Just like pouring his driveway on our property is now. 00:46:18
Directing his rainwater on our property. 00:46:22
And he believes. 00:46:25
The problem is ours and not his. 00:46:26
He takes no responsibility. 00:46:29
Mr. Grishak has done nothing to. 00:46:31
To attempt to correct the situation. 00:46:34
Mr. 00:46:36
Simply wants to use the. 00:46:38
The Americans with Disabilities Act. 00:46:40
When he has no. 00:46:42
One who needs Ada? 00:46:44
Living with him, he is making. 00:46:47
And observed misrepresentation of the ADA he is. 00:46:48
Ignoring the encroachment on our land and ignoring the fact that we are getting. 00:46:52
All the water from his sidewalk. 00:46:56
And drive away because he put in. 00:46:59
An impervious service that is pitched towards our property. 00:47:01
He wants. 00:47:04
You to let him keep his driveway, he offers. 00:47:06
No remedy mitigation to the problem as that has. 00:47:09
He has created. 00:47:13
He simply wants you to. 00:47:14
Random of variance to authorize. 00:47:16
And allow. 00:47:18
What he has done leaving. 00:47:20
Us with. 00:47:21
Off of the encroachment and the water draining on our property. 00:47:22
Worst of all? 00:47:27
He has taken no culpability for anything. 00:47:28
Mr. Grayshak is now. 00:47:30
Must now. 00:47:32
So unnecessary hardship. 00:47:34
There is no reasonable use of the property without the variance. 00:47:36
The hardship test is in this case cannot be met. 00:47:40
Whether you drive on grass or concrete, you will still. 00:47:43
Use have use of the property. 00:47:46
There is no Ada use. 00:47:49
The he already had a sidewalk that accommodated. 00:47:51
Accommodates. 00:47:54
In fact, allowing the variance will create a hardship for us. 00:47:56
You'll be allowing Mr. Gray Chick to redirect the rainwater. 00:48:00
Onto our property and you will be. 00:48:03
Longest aggressive to encroach on our property. 00:48:05
He will have to deal with. 00:48:08
How to get rid of all the water that Mister Grisha? 00:48:10
Is draining on our property as well as how to deal with the approachment. 00:48:13
The Wisconsin Department of Natural Resource. WDNR. 00:48:17
And Dodge County allows them to approach. 00:48:20
And drain on a water. 00:48:23
Drain water on our property when he offers not mitigation. 00:48:24
Is over the allowable limit of impervious service. 00:48:29
Within the 75 foot shoreland set back. 00:48:33
Then what remedy do we have against the WDNR? 00:48:36
Dodge County and Mr. Gray sick. 00:48:39
The Hodge County the. 00:48:41
Wisconsin DNR need to enforce their own rules. 00:48:42
There are no unique tip. 00:48:45
Due to the property limitation, there are no slopes. 00:48:48
ETC or anything that. 00:48:51
Prevents the use of the property. 00:48:53
Without the. 00:48:55
The driveway creates a hardship. 00:48:58
The driveway is higher than the existing ground originally was. 00:49:01
The driveway was. 00:49:05
Driveway changes the natural slope of the land. 00:49:07
And has a negative impact on our property. 00:49:10
Because of that, change the impervious surface. 00:49:12
Of the driveway creates. 00:49:15
Drains water on our land. 00:49:18
The water. 00:49:20
Used to soak into the ground on Mr. Gray 6 land and not now. 00:49:21
Used to be grass next to Mr. Gray 6 sidewalk Mr. Gray chick. 00:49:25
Keep saying that he puts an impervious service over impervious surface. 00:49:30
But that is erroneous. We have lived. 00:49:35
In our house since 2010. 00:49:38
That area was grass. 00:49:40
In fact, we painted our fence. 00:49:42
When Wade Weber had the property for. 00:49:45
Up for sale and we are. 00:49:47
Walking on grass. 00:49:49
Attached as exhibits. 00:49:51
I-1. 00:49:54
To I3. 00:49:55
Our copies of photos from the Realtors showing. 00:49:57
What property looked like when Mr. Gray Sick purchased the property? 00:49:59
As you can see, the sidewalk sloped up to the porch. 00:50:03
And the areas next to the house. 00:50:06
Was grass. 00:50:08
It does not harm. 00:50:09
It does harm the public interest. It affects water quality. Water is draining. 00:50:12
On our property you know our crawl space and near our septic system. 00:50:16
It will affect what we do with our property in the future. 00:50:20
And as we have a very wet area next to our house because. 00:50:24
We have his water and our own water. 00:50:29
We will be left with problems mitigating his water. 00:50:32
Or suing him. 00:50:36
And whoever else is. 00:50:37
Responsible in order to. 00:50:39
Mitigate the water, Mr. Gray. 00:50:41
Should be mitigating his own water. 00:50:43
There is no. 00:50:45
Mitigation here. Nor has any mitigation been offered. 00:50:47
Unfortunately. 00:50:52
With no vacation, he will be. 00:50:53
We will suffer the consequences of Mr. Gray 6 accidents. 00:50:55
Actions. 00:50:59
And be left. 00:51:00
With rather menacing problem. 00:51:01
Additionally, when Mr. Gray sick is ordered to remove the driveway, someone from. 00:51:04
The county do an inspection after the removal of the driveway to make sure. 00:51:09
The removal is done in such a manner, such a way. 00:51:13
That the land and grade. 00:51:16
Of the land. 00:51:18
Is restored back to the way it was. 00:51:19
Or the driveway was poured. 00:51:22
Swirling zoning. 00:51:25
Rule and rules. 00:51:26
We're created to address the problems. 00:51:28
Like this one? Shoreline zoning. 00:51:30
Only allows the percentage of the land to be impervious service and. 00:51:32
Regulates where? 00:51:36
The water drains near the lake in. 00:51:37
Relation to the impervious surfaces. 00:51:40
In the. 00:51:42
Interest of justice, We respectfully request that you deny. 00:51:44
This request for the variance for the reasons we stated. 00:51:47
And the property and circumstance in this case do not meet. 00:51:51
3 criteria that are essential. 00:51:54
In order to grant the variance and Mr. Grayshake has no one. 00:51:56
Living when I'm needs 88 combinations. 00:52:00
Even if he did. 00:52:03
And 88 accommodation that can be accomplished by modifying the existing sidewalk. 00:52:04
You would not. 00:52:10
Be eliminating a hardship. 00:52:10
I'm Mr. Gray 6 behalf by granting a variance. 00:52:12
However, you would be creating hardship. 00:52:16
On our part. 00:52:18
Greg and Joanne Dolph wait. 00:52:19
And eight. 00:52:21
360. 00:52:22
County Road CP, Beaver and Wisconsin, 539. 00:52:23
16. 00:52:27
That is it. And then the associated. 00:52:32
Attachments, yes. 00:52:35
Yes, I want to make one comment. 00:52:37
When I read the. 00:52:39
Notice of. 00:52:44
Board of Adjustment. 00:52:45
And my copy it says. 00:52:47
County Road P Actually it should be County Road CP. 00:52:49
For your information. 00:52:53
Does the board have any questions of the appellant? 00:52:58
Do you have any questions? 00:53:07
No, not at the moment. 00:53:11
So the fence was there before you. 00:53:13
Bought the property. 00:53:16
Yes, Sir. 00:53:17
Would the appeal and like to make a final statement for the record. 00:53:25
Well. 00:53:29
When I. 00:53:30
Did this project. 00:53:31
I consulted with my neighbor who just. 00:53:35
Gave you the. 00:53:38
Long letter there. 00:53:40
And we actually. 00:53:42
They they pulled out their survey. 00:53:44
Of. 00:53:48
What the distance was from the lot line? 00:53:49
Whatever I'm hearing about an inch and 1/2 or three inches or all of that stuff we measured. 00:53:52
Together. 00:53:58
We measured. 00:54:00
The distance from the house. 00:54:02
Which was 109.1 inches. 00:54:04
That was the number that was on their survey that they had. 00:54:07
From their house. 00:54:11
From their house. 00:54:12
Was their property line 109.1 inches? 00:54:14
That's where I put the concrete form. 00:54:17
Now if I'm over. 00:54:19
Their property, I'm not, they're saying. 00:54:22
That fences. 00:54:25
Maybe 6-8 inches from where the concrete is. 00:54:27
So when I measured that, I even put the form in closer. 00:54:32
Then exactly 109.1 inches. 00:54:35
And move the form in that little bit. 00:54:40
And if I'm over? 00:54:43
If I'm over. 00:54:46
On their property. 00:54:49
I'm happy to go and. 00:54:51
Get a concrete saw or hire. 00:54:52
The same guy who? 00:54:56
The contractor that was there that is a letter in my file. 00:54:58
As I was applying for this which I have the letter here. 00:55:03
He was there. 00:55:06
When? 00:55:08
The neighbor was there, measured with me. 00:55:09
Oh, you're good right there. 00:55:13
And he never. 00:55:15
Had any objections? 00:55:16
Whatsoever to me doing what I'm doing. 00:55:18
Right there, never brought up anything about. 00:55:21
This dissertation about. 00:55:25
Mitigation and where the water is going and. 00:55:27
I certainly wouldn't want anybody flooding my house with water. 00:55:31
That water is moving and it's moving towards the lake. 00:55:36
All the time. 00:55:39
And. 00:55:41
It's not flooded at all anywhere. 00:55:42
I don't get flooding on. 00:55:45
I actually own the house next to me of the property in question. There's no flooding of any water. 00:55:47
Anywhere. 00:55:53
And it moves and it goes down to the lake. Now if I going back to if I had to cut off an inch or three inches of my concrete and 00:55:54
hire somebody to cut that off to mitigate this. 00:56:00
I'll even cut off 5 or 6 inches. 00:56:05
That I could. 00:56:09
Get one of those. 00:56:11
Gutters. 00:56:12
That goes in the concrete. 00:56:14
That people have down like when they. 00:56:18
Do driveways. We've seen them, we've seen them in garages, we've seen them in shops. 00:56:20
I could put that on the end of the concrete. 00:56:24
And mitigate that water away. 00:56:27
Would be nowhere near their house. I could. 00:56:30
I could do that. I'm Andy. 00:56:32
And. 00:56:34
Put that gutter in. Seal it. 00:56:35
That water is going into that gutter and out to the lake the same way. 00:56:38
With no problem I have. 00:56:42
As I as I stated before. 00:56:44
I replaced one surface with another. 00:56:46
And. 00:56:49
As. 00:56:50
I was doing this project. 00:56:52
Oh, you're good with that. 00:56:54
That I hear from my neighbor. You've got no problem with this. 00:56:56
And. 00:56:59
Then. 00:57:01
I'm getting notices from the county. 00:57:03
And. 00:57:05
Soon as I got those notices. 00:57:06
I came down to this building. 00:57:09
And I. 00:57:12
Met with Terry Oakes. 00:57:14
And I told him I had no intentions to being deceptive or deceitful in anything that I was doing. 00:57:16
And I just want to make this right. 00:57:23
So what do I need to do? 00:57:26
And. 00:57:28
Went through the process. 00:57:29
And. 00:57:31
Terry came out once, maybe twice, measured things and. 00:57:33
Then I didn't hear. 00:57:37
That was. 00:57:41
Earlier in. 00:57:44
24. 00:57:45
And then I think I got a letter in March. 00:57:47
And then I haven't heard anything for. 00:57:50
Over a year. 00:57:52
I heard nothing. 00:57:55
Nothing and. 00:57:57
Originally. 00:57:58
In. 00:57:59
With. 00:58:01
The. 00:58:03
Information I got from Terry, Oops. I told him I wanted to make right. Nowhere was anything ever said about set back and I didn't 00:58:05
know where that came from. 00:58:09
So, umm. 00:58:13
There was nothing ever mentioned about that and it was like it was compounded on me. 00:58:15
Over a year later, right? I haven't heard anything from anybody in a year. 00:58:20
And then I see this with the set back. 00:58:25
And then also. 00:58:28
In there is 1.29%. 00:58:30
That I'm over on impervious surface. 00:58:34
I think that's the number 1.29%. 00:58:38
If I'm over 1.29%. 00:58:41
I could call somebody with a skid loader, scrape up that gravel, some of that gravel, and I'll plant dirt and grass. 00:58:44
To put that within code. 00:58:52
But that's what I could do to alleviate. 00:58:54
The the the whole water mitigation aspect. 00:58:56
And I could dig that up and I could put grass. I could dig up my whole driveway and put grass. 00:59:00
That's almost 200 feet long, which. 00:59:04
One was probably measured. 00:59:08
Bacteria Oaks. 00:59:10
Was probably measured wider and there is so much grass growing alongside where there there's barely even a track. 00:59:12
Of gravel that's even seen right now. 00:59:19
The in the middle there's like 3 feet of. 00:59:22
Growth just coming through all of this and I could remedy that. 00:59:25
So I think that's. 00:59:32
Any question is. 00:59:37
Sounds to me like he's offering to saw. 00:59:39
The edge of the driveway off. Would that put him in compliance? 00:59:41
That would put. 00:59:47
Him in compliance to the side property line. 00:59:48
There's still the issue of the the. 00:59:51
Shoreline set back. 00:59:54
And then the impervious surfaces. 00:59:55
And you could. 00:59:59
You know, depending on which way you go. 01:00:02
That could be a condition. 01:00:04
Of your. 01:00:06
Decision. 01:00:07
To remove the. 01:00:08
Proper the the concrete that is over the side property line. 01:00:12
Can the cement go to the property line? 01:00:16
Yes, there's no no side property line set back for. 01:00:19
For that. So in other words, we had sounds from the. 01:00:23
What we've heard. 01:00:27
I don't know if that's exactly right, but. 01:00:28
One to three inches, is that correct? Would you? 01:00:31
I don't think it's. 01:00:33
Yeah, it's kind of a triangle shape, 11 inch on one side. 01:00:34
3 inches on the side closer to the lake. 01:00:38
I believe that's why it is. 01:00:43
So you're willing to do that? 01:00:46
To cut the edge off so you're. 01:00:48
I can and I've done it. 01:00:52
I've done it Sir. I've used the. 01:00:53
Big concrete saw and. 01:00:56
You put a little water on the blade and you don't make no dust and. 01:00:58
Saws off like. 01:01:02
You did do that. 01:01:05
Could I do it? 01:01:06
Yeah, I said. 01:01:07
Did you do it or you're willing to? No, I I'll absolutely do it if that's what I need to do. 01:01:08
I'll even put in. 01:01:13
Or as I mentioned, one of those. 01:01:15
In-ground rain gutters. 01:01:18
That would. 01:01:20
Be right below the edge of the concrete and any water that would go in there. 01:01:20
Would would be. 01:01:26
Just as it got her off the house right at the end of it. 01:01:29
Going right down and going. 01:01:32
There's a slope there. 01:01:34
There's slope going there. 01:01:36
Towards towards the water. 01:01:38
That sound like it would be. 01:01:45
Reasonable or. 01:01:47
Yeah, I think when we come to our decision, we can put them in there. 01:01:49
Because I think that's what you have to do. 01:01:53
Because these tech I look at as though he is technically dumping water on. 01:01:56
The neighbor. 01:02:01
You know right now. 01:02:03
And you should be keeping. 01:02:05
I look at you should be keeping water on your own property. 01:02:07
Right, but I mean, but he'd be putting in a. 01:02:12
What he's talking about would be a special gutter that would take. 01:02:14
And that's the way it should be, water from the cement out to the lake. 01:02:19
I believe those are called trench drains. 01:02:23
Say it again. Trench drain. OK. 01:02:28
I wasn't sure the name of it. 01:02:32
OK, 8. 01:02:36
I think we were partially into this. Would you like to make a final statement for the record? 01:02:44
I think I've said everything I need to. 01:02:50
OK, and I declare the public hearing. 01:02:54
Portion of this. 01:02:58
Hearing closed. 01:02:59
And we will move to conclusions of the law. 01:03:00
All right, this is for the impervious surface request first. 01:03:03
Is there palace request? 01:03:09
2 sections, 9.5 the counties. 01:03:10
Shoreline protection ordinance, which refers to the maximum. 01:03:14
Previous surfaces. 01:03:17
Permitted on a highly developed. 01:03:19
Shoreland Property. 01:03:22
Yes, yes. 01:03:29
I would say yes. 01:03:32
Is there physical limitation? 01:03:36
Actions that one question. 01:03:38
Any according to. 01:03:41
You know some. 01:03:43
He says there was gravel all the way down and some of the letters have said that. 01:03:44
Are we assuming that that isn't the case or? 01:03:49
I I don't assume anything. 01:03:53
We don't have as staff. Before tonight we didn't have any evidence that there was anything there. 01:03:55
The owner didn't provide us with anything. 01:04:01
If you could find evidence that there was something there, then that. 01:04:04
Might change your decision. 01:04:08
In others that you didn't add any, that there was gravel there and that you just moved it around some contractor. 01:04:11
What right if we look at this is the lakeside? 01:04:18
And we look at this as the back of the house where the. 01:04:22
Besides or the sidewalk or the the sidewalk. 01:04:26
That gravel was. 01:04:31
Probably love it was level. 01:04:34
With the sidewalk. 01:04:37
For. 01:04:39
Quite a bit. 01:04:39
Of that gravel drive. 01:04:41
And then as it sloped down. 01:04:43
When? 01:04:47
We leveled it out from. 01:04:50
It's probably 10 to 12 inches down. 01:04:53
That we leveled out. 01:04:56
From level gravel. 01:04:58
Skid Loader. 01:04:59
And just. 01:05:01
Scraped it and brought it. 01:05:02
To the end. 01:05:04
Of where the walkway was and leveled it up. No new gravel was brought in. 01:05:05
No new graph, just leveled it out and got it down to 5 inches. Does that all slope towards the lake then? 01:05:09
Pardon me, does that slope towards the lake after the cement was poured or not? 01:05:16
Does the driveway, Yeah. 01:05:20
Well. 01:05:22
I'm not sure if it slopes towards the lake. 01:05:24
Um, support pretty. 01:05:30
It's poured pretty flat and. 01:05:32
We're dealing with here. 01:05:36
Is there a physical limitation as unique to this property that prevents the appellant from complying with the maximum? 01:05:40
Impervious provisions of the Ordinance. 01:05:46
Yes. No. 01:05:49
He could comply. 01:05:59
He could comply. 01:06:00
Is the maximum impervious surface. 01:06:13
Provisions of the ordinance unnecessary, burdensome in this case, thereby creating hardship. 01:06:15
No. 01:06:21
Does the appellant have other options available to complete these? 01:06:30
Projects in compliance with the ordinance. 01:06:33
Yes, he does. 01:06:40
What hardship exists if the variance is denied? 01:06:46
None. 01:06:50
He said he has to meet it, but that's that's not a hardship. 01:06:53
Right. 01:06:56
Are the projects harmful in any way to the public's interest? 01:07:01
Yes, if the water don't drain right. 01:07:08
Does the board have sufficient? 01:07:32
Information to make the decision on this request. 01:07:34
Yes. 01:07:39
Yes. 01:07:42
Does the Board believe the appellants variance request to the maximum? 01:07:44
Impervious surfaces provision of the ordinance meet the criteria that is necessary in order to grant the area variance requests. 01:07:47
This is the next one. 01:07:51
They should have had them under something. 01:07:55
No. 01:07:58
No. All right, if the board can make findings. 01:08:03
Necessary in order to grant the variance. 01:08:07
Requests in this case are any conditions of approval necessary? 01:08:10
Case to mitigate any potential adverse impacts. 01:08:13
That result from this project. 01:08:17
I think establishment restoration of veget. 01:08:21
Say it again. 01:08:25
Medication you're establishing a restoration of. 01:08:26
Right. 01:08:29
Mitch and a survey is done. Well, the survey has been done, so I don't. 01:08:30
Well, I think they need a new survey. 01:08:33
If it's ten years old or older. 01:08:35
The neighborhood went on recently. 01:08:40
Yeah, OK. 01:08:43
That should be good enough. 01:08:45
And they've agreed that it's. 01:08:47
One to three inches, so. 01:08:49
And he's agreed to take that off so. 01:08:51
I think that one is necessary. 01:08:54
So now is this. 01:08:57
Where we put in that he puts the drainage in proper or on the other part of it. 01:08:58
I think either way either either as long as it's in the decision. 01:09:04
Ma'am, we can't. 01:09:13
Take any more information. 01:09:14
Hearings closed. 01:09:17
Say it again. 01:09:20
Yeah, we can put it on this one. OK, so you want. 01:09:22
We want to say that. 01:09:25
Right, whatever he's got to do, it's have to put in a trench drain. 01:09:27
To drain the water to the lake, keep. 01:09:37
The water on his property. 01:09:41
Right you definitely honest property. 01:09:44
We would want something. 01:09:49
An infiltration. 01:09:53
Device of something to. 01:09:55
So it doesn't get to the lake. 01:09:57
OK. 01:10:08
And if properly. 01:10:13
Design that could. 01:10:15
Meet the medication. 01:10:18
Measures. 01:10:20
If he chooses not to. 01:10:21
Remove other impervious surfaces. 01:10:24
In other words. 01:10:32
Staff would work with you to. 01:10:33
Be able to. 01:10:36
Do you have to be something to? 01:10:37
Medicaid the. 01:10:39
Extra to Furbys service to figure out the mitigation. 01:10:40
OK, well, that's. 01:10:45
OK, well, that's something. 01:10:48
To know and learn. 01:10:50
Which is good. It's not a bad thing, right? Thank you. 01:10:52
OK, it's up to you and I'm looking for a motion to approve or deny. 01:10:56
Clarify which ones you got down there, Russell. 01:11:02
Trench drain to keep the water on his property and. 01:11:05
Properly designed. 01:11:09
Yep. And then did you want? 01:11:10
To put the survey and removal. 01:11:12
Of. 01:11:14
The concrete. The concrete. 01:11:16
In there as well. 01:11:18
I thought that was on the next one, isn't it? 01:11:19
I don't think it matters where. 01:11:22
Can place you together. 01:11:24
And we can put that in here too. Then you want to. 01:11:26
Concrete removed. 01:11:29
That's in both of them. It doesn't matter. 01:11:31
When you say the concrete removed is that? 01:11:37
Yes. What's to the property line? 01:11:40
And you can. 01:11:50
Can we ask the other that were against it and whose property is on? 01:11:52
It's their survey. 01:11:55
And what he's proposing is that right with them? I mean, we don't want to. 01:11:57
I don't think it's. 01:12:01
The question if it is, it's your decision to make. 01:12:03
OK, so I added the concrete. 01:12:07
To the property line. 01:12:10
OK. 01:12:12
Is the #2 establishment of a vegetative buffer? I don't know if you want to keep it in there. 01:12:15
Or not, that is. 01:12:20
I think you covered it before with the others. 01:12:24
Right. 01:12:28
That's again your decision to make, but I. 01:12:31
The vegetative buffers that is a. 01:12:36
Is a large ask. 01:12:37
Yeah, there are. 01:12:39
Specific design characteristics for those. 01:12:42
I think. 01:12:45
The wording that you had about. 01:12:54
Drainage and the infiltration device. 01:12:57
Sufficient. 01:13:02
OK. 01:13:05
We're up for a motion. 01:13:07
So I'm looking for a motion to approve, deny, or approve with conditions. 01:13:11
Motion to approve with the conditions mentioned. 01:13:19
Second, should have made in second to. 01:13:24
Approved with the conditions that we listed. 01:13:28
Is there any discussion? 01:13:31
Not all those in favor. Whoops I got take them. Vote the roll call. 01:13:36
Russell. 01:13:42
Yes. 01:13:43
Rodney yes. 01:13:45
Brad yes. 01:13:48
Myself is yes. 01:13:51
So hold up, hold up before we. 01:13:53
So you want to approve? 01:13:55
The variance. 01:13:57
I'm not sure the. 01:14:00
You want to. 01:14:04
So approving the variance, this variance will allow them to exceed the impervious surfaces. 01:14:08
Is that what you meant to do? 01:14:14
You. 01:14:23
We could. 01:14:24
There's some medication, it's hitting red. 01:14:25
Where we said whatever you call it, the drain thing. 01:14:28
Might be better. 01:14:35
Depending on your intentions. 01:14:37
Deny. 01:14:43
Deny this one. 01:14:48
Straight tonight and then. 01:14:50
Approve the next one with these conditions. 01:14:53
Because this. 01:14:58
Approving this one will allow him to. 01:15:00
Exceed the without mitigation. 01:15:04
1.29%. 01:15:08
He might be able to reach that. 01:15:12
With the mitigation or removal? 01:15:15
With the conditions of next. 01:15:19
The next. 01:15:20
Depending on how you want to do that. 01:15:25
It's. It's confusing. You're confused. It's. 01:15:29
It's a hairy one. 01:15:35
1.2. 01:15:39
1.29% is not very much and right? If he's removing some of the cement anyhow, that's going to get him pretty close, right? 01:15:41
If that's fine, but it's your decision. 01:15:50
Again, uh. 01:15:52
Anything. I think we should just. 01:15:53
If it's. 01:15:56
Part of that sense removed. 01:15:57
And you know, it's got that trench drain in it. 01:15:59
Is it? 01:16:03
Drain considered impervious surface. 01:16:04
Or is that? 01:16:08
So. 01:16:13
You could approve. 01:16:14
With conditions. 01:16:15
And. 01:16:18
If that would be sufficient. 01:16:20
If you if it is in your eyes, yes. 01:16:22
Continue with the role. 01:16:30
I don't have to call the roll again, let's just call the roll that to be clarified. 01:16:36
So we're gonna. 01:16:42
Approve it. 01:16:43
The motion was to approve with conditions, right. 01:16:45
Rodney and Brad. 01:16:49
Right first and 2nd. 01:16:51
And then do the. 01:16:53
Motion is to approve with conditions. 01:16:59
Russell. 01:17:03
Yes. 01:17:04
Rodney yes. 01:17:06
Red. 01:17:08
Myself, yes. 01:17:10
So the road is 4 to 0 at. 01:17:11
The variance with conditions passes. 01:17:14
And land use administrators directed to issue land use permit incorporated the decision of the Board. 01:17:18
All right. 01:17:29
Set back to the ordinary. 01:17:32
High watermark. 01:17:34
Conclusions of the law. 01:17:35
Based on the facts. 01:17:37
Presented in the application at. 01:17:38
And at the public hearing, the Board concludes that. 01:17:40
Is the appellant's request. 01:17:43
To Section 6.1 of the county's Shoreland protection ordinance that refers to the set back. 01:17:45
For structures to the ordinary high watermark. 01:17:51
Yes. 01:17:56
Is there physical limitations that? 01:18:05
Is. 01:18:07
Unique to this property and that prevents the appellant from complying with ordinary high watermark set back provisions of the 01:18:08
ordinance. 01:18:12
Yes, yes. 01:18:17
Is the ordinary high watermark set back provisions of the ordinance unnecessary burdensome in this? 01:18:22
Case thereby creating a hardship. 01:18:28
Well, the house is closer. 01:18:31
To begin with, in this driver is so. 01:18:35
Does a parent have other options available to complete? 01:18:59
These projects in compliance with the ordinance. 01:19:02
No, no. 01:19:06
What hardship exists if the variance? 01:19:10
Is denied. 01:19:13
Have use of the driveway. 01:19:31
Needs a different driver, doesn't have a concrete driving. 01:19:33
Entry into the house? A little harder. 01:19:41
That play into it. 01:19:43
With that smack gun entry into the house. 01:19:45
Being harder with that play into it. 01:19:49
Are the projects harmful in any way to the public's interest? 01:19:53
No. Does the board have sufficient information to make a decision on this request? 01:19:58
Yes. Does the Board believe that the Palace Variance requests to the ordinary high watermark set back provisions of the Ordinance 01:20:08
meet the criteria that is necessary in order to grant the area of violence variance? 01:20:14
Quests this. 01:20:20
Yes. 01:20:23
If the more. 01:20:28
If the Board can make findings necessary in order to grant the variance request in this case, are any conditions of approval 01:20:29
necessary in this case to mitigate any potential? 01:20:34
Adverse impacts that result from this project. 01:20:39
Where should we use the same conditions that we? 01:20:44
Put in the other one. 01:20:48
They're already into the. 01:20:49
Decisions so if it's necessary. 01:20:51
Don't know what you do here. 01:20:53
Over tonight. 01:20:55
All right. 01:20:56
OK. 01:20:59
So I'm looking for a motion to approve. 01:21:05
Deny or approve with conditions. 01:21:08
It was a variance to the ordinary high watermark. 01:21:11
I so move to what? 01:21:14
I'm moving. 01:21:16
Seconded. 01:21:18
A move to what? 01:21:20
To approve to approve the condition. 01:21:22
Discussion. 01:21:30
If not. 01:21:38
I'll call for the vote, Russell. 01:21:40
Yes. 01:21:42
Rodney yes. 01:21:44
Brad yes. 01:21:46
And myself, yes. 01:21:47
I have a four to zero votes of. 01:21:50
The motion is passed to approve with conditions. 01:21:53
And Land Use Administrators is directed to issue a land use permit incorporating the decision of the Board. 01:21:57
Now you need to work with staff. 01:22:08
No, Bryce. 01:22:12
The water. 01:22:15
The mitigation? Sure. 01:22:17
And then of course, cut. 01:22:19
Cut the cement. 01:22:20
Right, you're just up to the property. Follow up with a. 01:22:22
Decision letter. 01:22:25
OK, that'll give you direction. 01:22:26
OK, right. 01:22:28
Bryce was. 01:22:30
Very. 01:22:32
Informative. 01:22:33
So. 01:22:34
Thank you man. Thank you for your time. 01:22:42
Just one, please, Russell or two? 01:22:48
Just one. 01:22:50
Thank you, gentlemen. 01:23:26
Have a good evening. 01:23:29
Where do you go? 01:23:32
Head years going back. 01:23:38
Can't find my number here. 01:23:42
Campground. 01:23:49
Have a good night. I have a better tomorrow, all right. 01:23:55
Thank you. 01:23:59
Hearing #2. 01:24:06
Notices hereby given any. 01:24:08
Public hearing will be held by the Dodge County Board of Adjustment on Thursday, September 18th at 7:15 PM. 01:24:10
For shortly thereafter on the first floor. 01:24:16
The Dodge County Administration Building, Juneau, WI. 01:24:19
And the appeal of. 01:24:22
Jeffrey and Julie. 01:24:24
Randall for a variance of the terms of Hwy. setback provisions of the Dodge County Land Use Code. 01:24:26
To allow an accessory structure that would not meet current setbacks. 01:24:32
This request is a variance deception subsection 5, point 2.3. 01:24:37
And table 5.1, dash 1. 01:24:42
Of the Dodge County land use code. 01:24:45
Property Location CSM Volume One, page 191. 01:24:48
Part of the Northwest. 01:24:52
Quarter of the Northeast quarter, Section 23. 01:24:54
Town of Lamira site address being. 01:24:57
In one 0829. 01:25:00
County Road. 01:25:02
A copy of the proposed petition is available for review in the Land, County, Land Resources and Parks Department. 01:25:04
Between the hours of 8:00 AM and 4:30. 01:25:11
Monday through. 01:25:13
All persons interested, they're invited to attend and be heard. 01:25:15
Written comments may be submitted to the Dodge County Land Resources and Parks Department. 01:25:18
At 127 E Oak St. Juneau, WI or by e-mail no later than September 17th, 2025. 01:25:23
Dodge County Board of Adjustment by Williamness. 01:25:31
Chairman. 01:25:33
Has jurisdiction over the site is the town of Lomira has adopted the Counties land use code. 01:25:42
Subsection 2.3. 01:25:50
.2 through 2. 01:25:52
3.12 point. 01:25:53
Key of the Dodge County land use code. 01:25:54
Details procedural matters and the approval criteria of the variance process. 01:25:57
The board shall hold a public hearing on each variance application and the following. 01:26:01
Public hearing. 01:26:06
Act to approve, approve with conditions or deny the variance. 01:26:07
Based on the approval criteria in section 2.3, point 12, point E. 01:26:11
Council request the application for a variance request. 01:26:16
Was submitted by the applicant. 01:26:19
On August 13th, 2025 to allow construction of an accessory structure that does not meet the. 01:26:21
I respect back provisions of the Dodge County Land Use code. 01:26:27
As proposed, the accessory structure. 01:26:31
Would be 88 feet from the center line and 55 feet from the right of way. 01:26:33
Mine, both of which. 01:26:38
Are 12 feet within the required setbacks? 01:26:40
Thus prohibited by the code. These are requests to. 01:26:43
For variances. 01:26:46
To such subsection. 01:26:47
Five point 2.3 and table 5.1 dash one of the Dodge conference land use code. 01:26:49
The county has jurisdiction over the site as the Town of the Meyer has adopted the county's land use code. 01:26:55
The property is presently being used for single family residential use. 01:26:59
Physical features of the two acre lot include. 01:27:04
Generally, sloping topography is slopes ranging. 01:27:07
2 to 6%. 01:27:10
The parcel contains a single family residence and a small wooded area. 01:27:11
The general character of the surrounding land use consists of agricultural fields. 01:27:16
We're supporting single family residences to the North and South. 01:27:21
The scattered commercial establishments to the West. 01:27:25
The village of Lomira. 01:27:28
Less than 1/4 mile to the West. 01:27:30
Principal structure on the. 01:27:36
Parcel meets both center line and road right away setbacks County Road H. 01:27:37
On August 11th, an application for a county land use permit was made by the appellant. 01:27:42
In order they be allowed to construct the 24. 01:27:47
Put my 24 foot. 01:27:50
Detached Garage. The permit was denied with the County Land Use Administrator for the following reasons. 01:27:52
Subsection 5, point 2.3 and Table 5.1 dash one of the Dodge County land use code. Refer to the required. 01:27:57
Minimum set back distances for structures. 01:28:03
The parcel in question lies to the West of County Road H, less than 1/4 mile South in the intersection of State Road 67. 01:28:06
County Road H is classified as a county highway, which requires a minimum set back of 100 feet from the center line and 67 feet 01:28:14
from the right of way. 01:28:18
If proposed, details. 01:28:23
Garage will be will lie 88 feet from the center line. 01:28:25
And 55 feet from the road, right away, the proposed structure. 01:28:28
Will be both 12 feet. 01:28:32
Closer. 01:28:34
Then allowed for both center line and road right away. Setbacks as. 01:28:35
A law by the Dodge County Land Use Code and therefore prohibited. 01:28:39
Staff notes that the other locations on site. 01:28:44
Would be available for a detached garage. 01:28:47
That comply with the highway set back provisions of the Land Use Code. 01:28:51
No response from the Township county. 01:28:56
What's that? It's a county highway. There's a county they did not know. 01:29:00
Thank you. Requesting an area variance to subsection 5 point 2.3 and table 5.1 dash one of the Dodge County land use code. 01:29:04
The highway set back. 01:29:13
Provisions of the Dodge County Land Use Code provide promote a variety of public. 01:29:15
Purpose such as providing. 01:29:21
For light and air Fire Protection, Traffic Safety prevention. 01:29:23
Of overcrowding, solving drainage problems. 01:29:27
Protecting the appearance and character. 01:29:29
Of the neighborhood. 01:29:32
Conserving property values. The highway. 01:29:34
Set back provisions also provide for a uniform set back for all structures along roads. 01:29:36
Within the county in order they. 01:29:41
To provide. 01:29:43
Safe visibility while entering or exiting the site. 01:29:44
And to save taxpayers. 01:29:47
Of the. 01:29:49
Dodge County from purchasing non conforming structures. 01:29:50
Located within the highway set back lines. 01:29:54
When those structures need to be removed for highway? 01:29:56
The improvement projects. 01:29:58
Staff Advisory. 01:30:02
Staff believes the appellant is requesting an area variance. 01:30:04
Subsection 5, point 2.3 and table 5.1 dash one of the Dodge County land use code. 01:30:08
Staff points out that the board of just. 01:30:14
Does not have summary powers, you know. 01:30:16
Summary Power to ignore the ordinance provisions. 01:30:19
Or objectives the burden. 01:30:22
Also falls on the appellate. 01:30:23
To convince them they demonstrate. 01:30:25
Through this board. 01:30:26
That literal enforcement of the. 01:30:28
Dodge County land use code regulations. 01:30:30
Result in unnecessary hardship. 01:30:32
And that hardship is due to. 01:30:34
Special conditions. 01:30:36
Unique to the property, and if granted, the variance would not. 01:30:38
Be contrary to public interest. 01:30:41
The board should. 01:30:43
Determine if the highway set back provisions of the. 01:30:44
Code are unnecessarily burdensome in this case. 01:30:47
The board should also consider. 01:30:51
The cost of the town. 01:30:53
And the public for having purchased structures in the future. 01:30:54
If this structure would need to be removed for. 01:30:59
How we improvement or relocation projects? 01:31:02
It's the staff position that the board will be unable to make the findings. 01:31:05
Necessary to normally grant a variance, in this case. 01:31:09
Therefore, the variance request should be denied. 01:31:13
Subsection 2.3, Point 12, point 8.7 of the Dodge County Land Use Code. 01:31:16
A variance may not be granted where the primary reason. 01:31:21
For obtaining a variance. 01:31:24
Is to obtain a more profitable use of the property. 01:31:26
Personal inconvenience Construction error. 01:31:29
Or economic gain. 01:31:31
Self created hardship. 01:31:33
Or where the property is present. 01:31:35
The a non conforming use. 01:31:37
If the board can make. 01:31:39
The findings that are necessary in order to grant. 01:31:41
A variance. In this case, the staff recommends that the following conditions. 01:31:44
Of approval in order to save the taxpayers the cost of having to purchase. 01:31:48
This non conforming structure in the future if this structure needs to be removed for Hwy. improvement. 01:31:52
Relocation projects. 01:31:58
A variance agreement shall be recorded with registered deeds in Northern in the amount. 01:32:00
The value of a garage. 01:32:04
Prior to the issuance of variance. 01:32:06
Would the appellant please step forward? 01:32:11
Good evening. Get on. 01:32:18
Your name, please. I'm Jeffrey Lee Rindal. 01:32:19
Thank you. 01:32:25
Embassy, we don't need him standing, no. 01:32:27
Is there any punishing you? 01:32:31
Any information regarding your request that you would like to add? 01:32:33
To the record at this time. 01:32:36
Yes, please. 01:32:37
First of all, thank you for hearing my request. 01:32:38
I appreciate your time this evening. 01:32:41
I resided to that location for the past 50-6 years. 01:32:43
And in looking at the property. 01:32:46
There is a back shed that my father constructed before 1974, which has kind of been the storage part. 01:32:48
For whatever we've used in equipment in our yard. 01:32:53
That building is failing is going to have to be removed. 01:32:56
My wife and I feel that the most logical spot. 01:32:59
Would be to build erect a garage 24 by 24 on our existing driveway. There's a drive and there's a backup pad that goes backwards. 01:33:02
We said about the task of applying for a land use permit and we quickly realized that it did not conform to the set back 01:33:11
regulation of 100 feet. It is 88 feet. I can't deny that obviously. 01:33:16
We feel that. 01:33:22
We got a lot of really good advice from the land use department about. 01:33:24
What's involved in a permit and what's involved in a variance if you have to get it? 01:33:28
We looked into ways to move the structure 12 feet to the West. 01:33:32
Logically, that would be the most keep sensible thing to do. 01:33:35
We learned from. 01:33:39
A landscaping quote, it would take 12 to $15,000 worth of dirt and gravel. 01:33:41
And another 6 to $10,000 to build another. 01:33:46
Cement pad to put it on, you know. 01:33:48
Next to where we had intended to do it. 01:33:50
So we feel this. 01:33:53
Is an undue financial hardship upon us? 01:33:54
I believe you have to have a three-point proof. 01:33:58
That the state Supreme Court and the Legislature provide for. 01:34:00
We feel that wanting to take care of our property store machinery properly is is an acceptable. 01:34:04
Use of our property. 01:34:09
We feel that other. 01:34:11
There's a possibility you look at the North End of our property. 01:34:12
You're like, well what? Why can't you just build a garage on an? 01:34:15
You know, an unused space that has no buildings. 01:34:18
We have determined this week would require us not only to have a new foundation and pad, we'd have to build a new driveway with a 01:34:21
new culvert with a new access point to the road and that would probably be in excess of 30 to $40,000 and we. 01:34:27
Really can't afford to do that. Plus probably about $10,000 removing trees. 01:34:33
As far as public interests. 01:34:37
We have no direct neighbors on our property lines. We do have people living, of course, to our north and to our S about a half 01:34:40
mile or so. 01:34:43
This structure was the. The structure we proposed is designed to be not lit on the outside as small as possible, and its style 01:34:46
will be in keeping with the property itself. 01:34:51
Honestly, my truck is parked there all the time so I don't even know if people will notice something has changed all that much. 01:34:57
So, gentlemen, I I, I. 01:35:02
I simply hope that you will. 01:35:06
Hear my cause, and that you will. 01:35:07
Agree that a variance can be granted and I appreciate your time. 01:35:09
Thank you. 01:35:13
No, I see there's no one on it, but I have to ask these questions. I understand. 01:35:15
Is there anyone in attendance that I would like to speak in favor of this various request? 01:35:20
Is there anyone in the audience that would like to speak in favor of this variance request? 01:35:25
Is there anyone in the audience that would like to speak in favor of this variance request? 01:35:32
Anyone in the audience that would like to speak in opposition to this variance request before the board? 01:35:37
Is there anyone in the audience that would like to speak in opposition? 01:35:44
To this variance request. 01:35:47
Is there anyone any other? 01:35:50
Audience that would like to speak in opposition to this variance request. 01:35:51
Do we have any written? 01:35:55
I have not. 01:35:56
Yeah. Does the board have any questions of the? 01:35:58
No. Oh, I did forget to add. 01:36:04
We also believe that this variance of 12 feet would not pose a danger to. 01:36:08
Passing traffic, it wouldn't be something that would draw attention. We don't feel that it would cause. 01:36:13
A difficulty for anyone so. 01:36:17
So. 01:36:20
Any questions from the board? No. 01:36:23
No. 01:36:25
Would the appellant like to make a final statement for the record? I would. 01:36:28
I would just simply like to thank the land use department and in particular Mr. Gregor Wilms. He was very helpful and very 01:36:33
professional and informed us about the steps that we would have to take to make this happen. And on a personal note, I teach U.S. 01:36:38
history at Lemire High School and today we started talking about the Northwest Ordinance. So hearing our address described as the 01:36:43
northwest quarter of the South is is. 01:36:48
Kind of puts a smile on my face, so I do appreciate that formality. 01:36:53
OK, then I. 01:37:01
Prepared to close the. 01:37:05
Public hearing portion of this. 01:37:06
Hearing and go to the conclusions of the law. 01:37:08
Based on the facts presented in the application and at the public hearing, the Board concludes that. 01:37:12
Is appellant requests. 01:37:17
To subsection 5 point. 01:37:19
2.3 and table. 01:37:22
5.1 dash one of the Dodge County land use code that. 01:37:25
Refers to the set back. 01:37:29
For public rows. 01:37:31
Yes. 01:37:34
Is there physical limitations? 01:37:36
That is unique to this property that prevents the appellant from complying with. 01:37:38
The highway set back. 01:37:42
Provisions of the ordinance. 01:37:44
Unfortunately, no one. Not Technically not. 01:37:47
Our highway set back provisions of the ordinance unnecessarily burdensome in this case. 01:37:52
Thereby creating a hardship. 01:37:57
It would be yes if. 01:38:03
We deny it because they would get. 01:38:07
Right. 01:38:10
So what are we putting down? Yes or no? 01:38:12
I would say no because. 01:38:19
That is not going to be a road that's going to be made over. 01:38:21
Right, 41 getting extended to it so. 01:38:25
And we heard nothing from the county. 01:38:34
Either, if that. 01:38:36
Was an issue so. 01:38:38
Does the parent have other options available to complete this project in compliance with the ordinance? 01:38:48
Yes, yes, but not. 01:38:54
Doesn't. 01:38:58
Doesn't meet what he wants. 01:39:04
What he can't afford. 01:39:08
What hardship is if the various is denied? 01:39:21
Going to cost them more money, but that doesn't count as a hardship. 01:39:25
Is this project harmful in any way to the public's interest? 01:39:34
I would say no, no, no. 01:39:37
Does the board have sufficient information to make a decision on this request? Yes. 01:39:40
Does the Board believe that the appellant's various requests to the highway set back provisions of the ordinance meets the 01:39:46
criteria that is necessary? 01:39:49
In order to. 01:39:53
Grant the variance. 01:39:54
Request. 01:39:56
Unfortunately, no one. 01:39:58
No, if the board makes findings necessary. 01:39:59
In order to grant the various requests in this case, are any conditions of approval necessary in this? 01:40:04
Case that to mitigate a potential adverse in. 01:40:10
Packs that result from this proposed development. 01:40:13
It should be that the very. 01:40:18
Is that we won't pay for it if it. 01:40:20
Any others? 01:40:30
I don't think so. 01:40:32
Motion would be in order to approve or. 01:40:38
Approved with conditions are denied the variance the highway set back provisions. 01:40:40
I'll make a motion to approve it. 01:40:46
I'll second. 01:40:50
To what? To approve it? 01:40:51
With the provisions. 01:40:53
Of not paying for it. 01:40:55
If something happened. 01:40:58
Well, we answered no to an awful lot of questions. 01:41:00
I know. 01:41:04
It's kind of a unique situation in a way. 01:41:08
Because it's. 01:41:11
Not that major eroding is 12 foot and. 01:41:13
And I don't. 01:41:17
See any hindrance in there that? 01:41:18
You know that it was going to. 01:41:21
Bother in the future, but. 01:41:23
So. 01:41:27
We're stretching it. 01:41:29
Maybe, but. 01:41:30
As long as nobody's here complaining, and nobody's. 01:41:33
The Township didn't. 01:41:36
Well, I live up in that area and I had three calls from guys who. 01:41:37
We're in favor of him having this were we're not I'm sorry. 01:41:43
What? 01:41:47
Were or were not? I'm sorry I didn't hear you. 01:41:47
3 words were in favor of you. 01:41:50
Not having to worry about it. 01:41:52
Oh, OK. 01:41:55
You know, anymore discussion. 01:41:56
Hearing none. 01:42:00
Rule Russell. 01:42:02
Yes. 01:42:05
And we're making a motion to approve, right? 01:42:07
Rodney made the motion to approve with condition. 01:42:10
Rodney yes. 01:42:16
Brad yes. 01:42:19
And myself. 01:42:21
I'm playing the vote. No way. I'll say yes, there was a majority. 01:42:24
You're going? No, no, I will, yes. 01:42:28
So the vote is for nothing to. 01:42:33
Motion was approved. 01:42:36
To approve with conditions. 01:42:38
Land use administrators directed the issue Land use permit incorporating the decision of the board. 01:42:40
OK, see him go ahead. 01:43:00
Other other business we have one condition for. 01:43:03
October. 01:43:05
We have one petition for October in Rootcon. 01:43:10
That mean we can't be able to make because I got to go to Marine Park for. 01:43:14
Insurance. 01:43:18
Did you say your teacher in the mayor? 01:43:26
Answer. 01:43:28
30 years now. 01:43:30
I've been out of there 55 years. 01:43:33
Would you want Brad to? Has been my experience. Days go slow for years ago fast. 01:43:37
Yes, either him or Larry. Either one. 01:43:42
You're not going to be. I won't be able to make it. 01:43:45
The 9th or the 16th? We don't know about the other two. Well, I could make the 16th, but I won't know what the place looks like, 01:43:48
right? 01:43:51
Because I'm going all the. 01:43:56
I think we're covered with. 01:43:58
They will send you paperwork. 01:44:00
Am I correct that understanding the variance was approved? Yes, with the consideration that there's no payment from the Dodge 01:44:02
County. If something would happen in the future after, there would be a variance agreement sent to you. 01:44:06
And then I'll have to get signed and notarized and recorded at the registered register of deeds, Understood. 01:44:11
Thank you, gentlemen. Have a good night. Yeah. 01:44:17
Next order. My favorite order. 01:44:23
The Germans. 01:44:25
So move. 01:44:28
Second favor say aye. 01:44:29
Aye, opposed Meeting is adjourned. 01:44:32
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Transcript

Event transcript
It's recording. 00:00:24
The meeting of the Dodge County Board of Adjustment is here by call to order. 00:00:32
Roll call. 00:00:36
Mark Osmer, Samson. 00:00:37
John Chaney, he absent. 00:00:39
Russell Kutch here. 00:00:40
Rodney Dressman here. 00:00:42
Myself here, Larry Bishop absent. 00:00:44
Man, cool falls here. 00:00:47
A quorum is prison. 00:00:50
At this time I'd like. 00:00:54
Point Rescott is temporary secretary for tonight. 00:00:55
Yes, Sir. Noted. 00:00:59
Any changes to the agenda? 00:01:02
And then review the minutes of the September 11th meeting. 00:01:08
Also move to approve. 00:01:14
Second, any discussion? 00:01:16
Hearing none all in favor say aye. 00:01:19
Aye, opposed motion is carried. 00:01:21
For staff, please read the hearing procedures for tonight's meeting into the record. 00:01:24
We're meeting. 00:01:29
Today to hear the requests for modifications the Dodge County Land Use Code. We have a series of two public hearings tonight. 00:01:30
And the procedure for these hearings will be as follows, the Chairman of the Board of Adjustment will read. 00:01:37
The public hearing notice after. 00:01:42
Which a staff member. 00:01:45
From the Dodge County Land Resources and Parks Department will read a report that has been prepared by county staff regarding. 00:01:47
The request before the board. 00:01:53
Following this staff report and appellant and or their agent will be asked to come before the board. 00:01:55
The appellant will be asked. 00:02:01
Their name? 00:02:02
For the record, and. 00:02:03
They made. 00:02:05
Present their case to the board or add any additional information to the record. 00:02:06
Those in attendance Which? 00:02:11
Wishing to speak in favor or opposition can come before the board and speak. 00:02:13
If you wish to speak, you will be asked to step up to the microphone. 00:02:18
Which is located in the center of the room. 00:02:21
And state your name and address for the record. 00:02:23
And to state your position regarding the request before the board. 00:02:26
Please address your comments. 00:02:29
Any questions to the board and not to the appellant? 00:02:31
You'll only be allowed to speak once, so please be prepared. 00:02:34
To present all of your concerns. 00:02:37
Any questions to the board when you speak? 00:02:39
If you have a letter, read into the record. 00:02:41
You are not allowed. 00:02:44
To speak. 00:02:45
After those in attendance have spoken. 00:02:47
Written correspondence. 00:02:49
That has been received by the board. 00:02:51
Or which has been collected by the board during on site visits. 00:02:54
Will be read into the record. 00:02:57
The board will have an. 00:03:00
Opportunity to. 00:03:01
Now, so you found any questions following the board's questions, the appellant will. 00:03:02
Be allowed to give a final statement for the record. 00:03:07
After receiving all the testimony. 00:03:10
The board will then deliberate and will make. 00:03:12
A decision to grant. Grant in part. 00:03:14
Or deny the variance request. 00:03:17
And if approved, the. 00:03:19
May place conditions on the approval. 00:03:21
If they feel. 00:03:23
It necessary to address or mitigate any potential adverse impacts. 00:03:24
The proposal may have on the adjacent properties for the Community. 00:03:29
If the variance is approved, the staff will be directed to issue the land use permit incorporating. 00:03:34
Those conditions approved by the board. 00:03:39
Any person. 00:03:41
Or persons agreed by. 00:03:42
Any decision of the Board of Adjustment may present. 00:03:44
To a court. 00:03:47
A record. A petition. 00:03:48
Duly verified setting forth. 00:03:49
That such decision is illegal. 00:03:51
And specifying the grounds for the illegality. 00:03:54
Such petition. 00:03:57
Presented to the Circuit Court in this county within 30 days after the filing. 00:03:58
Of the decision. 00:04:03
In the Office of the Board of Adjustment. 00:04:04
Tony assumes. 00:04:06
No liability and makes no. 00:04:07
Warranty as the reliance on any decision. 00:04:09
If the construction is commenced prior to the. 00:04:12
Expiration date of this 30 day period. 00:04:14
If during the meeting. 00:04:17
Procedural questions or other points of order arise. 00:04:18
The final decision of this board may be postponed until. 00:04:21
More information is gathered Consider. 00:04:25
And properly active fund. 00:04:27
Thank you, Randy. 00:04:32
Notice is hereby given that a public hearing will be held by the Dodge County Board of Adjustment. 00:04:36
And Thursday. 00:04:41
September 9th. 00:04:45
18th at 7:00 PM or shortly thereafter in the first floor. 00:04:47
Meeting rooms of the Dodge County Administration Building, Juneau, WI. 00:04:50
And the appeal of Jeffrey? 00:04:54
Grass it seek that right. 00:04:56
Grazing. 00:04:59
Real sick, thank you. 00:05:00
For variances to the terms of the. 00:05:02
Ordinary high watermark set back and impervious service provisions of the Dodge County Short and Protection Ordinance. 00:05:04
To allow a structured driveway to remain that does not meet the ordinary high watermark. 00:05:10
Chef Beckham does not meet the impervious service surface regulations. 00:05:14
As constructed, the driveway is 55 feet from the. 00:05:18
Ordinary high watermark or 19.5 feet within the required set back. 00:05:22
Which is prohibited by the code and. 00:05:27
The impervious services are 31.29. 00:05:29
Or 1.29 more than allowed without mitigation. 00:05:33
These are requests to. 00:05:37
Various. 00:05:39
Variances to subsections. 00:05:40
6.1 and 9.5. 00:05:43
Of the Dodge County shoreline protection. 00:05:45
Coordinates. 00:05:48
Property location. 00:05:49
The Westerly. 00:05:53
50 feet of Lot 18 of Durgies. 00:05:55
Lake Shore, part of the. 00:05:58
Southeast quarter of the northwest quarter. 00:06:00
Section 19. 00:06:03
Tone of whisper. 00:06:04
Westward. 00:06:06
The site address being in 8364 County Road P. 00:06:07
A copy of the proposed petition is available for review in the Land Resources and Parks Department. 00:06:15
Between the hours of 8:00 AM and 4:30 PM, Monday through Friday. 00:06:20
All interested person. 00:06:24
Are invited to attend and be heard. 00:06:27
Written comments may be submitted to the Dodge County Land Resources and Parks Department at 127 E Oak St. Juneau, WI or by e-mail 00:06:29
no later than September 17th, 2025. 00:06:35
Dodge County Board of Adjustment by William Knox, chairman. 00:06:42
Can you please read the staff report at this time, Sir? 00:06:49
County has jurisdiction over this site. That's town of Westford falls under the counties. 00:06:54
Shoreline protection ordinance. 00:06:57
Subsections 14.7 Parent one through 14.7 Parent 6 Dodge County shoreline protection ordinance. 00:06:59
Less procedural. 00:07:07
And the approval criteria for. 00:07:09
The variance process. The board shall hold a public hearing on each variant. 00:07:11
Application and. 00:07:15
Following the public hearing, actual approval, approval conditions or deny the. 00:07:17
Variance based upon the approval criteria of sections 14.7. Parents 6. 00:07:21
The application An application for a variance request was submitted. 00:07:26
By the applicant on July 8th, 2025 to allow a structure a driveway. 00:07:31
To remain that does not meet the ordinary high watermark set back. 00:07:36
It does not meet the impervious service regulations. 00:07:40
And as constructed, the driveway is 55 feet from the ordinary high watermark. 00:07:42
Or 19.5 feet within the. 00:07:47
Required set back, which is prohibited by the ordinance. 00:07:49
And the impervious surfaces are 31.29. 00:07:53
Percent or 1.2. 00:07:57
9% more than is allowed without mitigation. 00:07:59
These are requests. 00:08:03
For variances to section. 00:08:04
6.1 and 9.5 of the Dodge County Shoreline Protection Ordinance. 00:08:06
County has shoreland. 00:08:11
Jurisdiction over this site. 00:08:12
As the size located within 1000 feet of the ordinary high watermark would never from a Watt. 00:08:14
Body of water Beaver Dam Lake. 00:08:19
The property is currently being. 00:08:21
Used for residential use. 00:08:23
The physical features of this. 00:08:25
3.309 acre lot includes. 00:08:27
Fairly flat topography with filtering 0 to 2%. 00:08:30
Parcel contains the residence and associated accessory structures. 00:08:35
As this is an after effect. 00:08:39
Application. 00:08:41
Staff is unable to accurately and reliably determine. 00:08:42
The impervious surface calculations. 00:08:46
Prior to the work. 00:08:48
That was done. 00:08:49
Impervious. 00:08:51
After the project was completed, where? 00:08:53
4211.66 square feet or 31.29%. 00:08:57
These properties considered. 00:09:02
To be a highly developed shoreline. 00:09:03
Under Section 9.4 of the Dodge County Shoreline Protection Ordinance. 00:09:06
And is permitted up to 30%. 00:09:10
Impervious surfaces without mitigation. 00:09:12
And up to 40%. 00:09:14
With mitigation. 00:09:16
1st subsection 9.5 Parent two of the Dodge County Charlotte protection ordinance. 00:09:17
Sufficient evidence. 00:09:23
Of a pre-existing driveway in this location was not provided by the property owner. 00:09:24
The general character. 00:09:29
Of the surrounding land use consists of single family residences. 00:09:31
To the West and east. 00:09:35
An agricultural field. 00:09:37
To the South of County Road CP. 00:09:38
And Beaverland Dam Lake to the north. 00:09:41
Per Section 16.2 of the Dodge County Shoreline Protection Ordinance. 00:09:44
The driveway is defined as a structure. 00:09:48
The set back for the structure per Section 6.2 of the Dodge County Charlotte Protection Ordinance. 00:09:51
Is 75 feet from the ordinary high watermark. 00:09:57
The driveway of this property is currently located. 00:09:59
55.5 feet from the ordinary high watermark. 00:10:02
According to the Dodge County GIS System, the driveway may be placed. 00:10:07
Across the side lot line to the east. 00:10:11
Permit History. 00:10:14
On John January 10th, 2024, and after the fact, the application for a county land use permit was made by the appellant. 00:10:16
To allow the 8.75. 00:10:23
By 52.25. 00:10:26
Foot driveway to remain. 00:10:30
That for. 00:10:34
457 square feet. 00:10:35
On it's. 00:10:38
An on site inspection was conducted by staff on January 25th. 00:10:40
2024 and the permit was denied by staff. 00:10:44
June 10th. 00:10:48
2025 of various application. 00:10:50
Was submitted to this department on July 8. 00:10:53
Of 2025. 00:10:56
Applicable ordinance provisions in this case. 00:10:59
Structure. 00:11:03
2nd Statute. 00:11:04
559.692 Parent One parent E. 00:11:06
State statutes within the Dodge County Charlotte protection ordinance. 00:11:11
Principal structure. 00:11:15
Or an accessory structure. 00:11:17
Including a garage, shed, boathouse, sidewalk, walkway, patio, deck. 00:11:19
Retaining wall, porch or fire pit. 00:11:23
Section 6.1. 00:11:26
Strolling setbacks. 00:11:27
Within the Dodge County Shoreline protection ordinance, unless. 00:11:29
Exempt A. 00:11:31
Set back of 75 feet from the ordinary watermark of any navigable waters. 00:11:33
To the nearest part of a building or structure shall be required. 00:11:38
For all buildings and structures. 00:11:42
Subsection 59.5 parent to maximum impervious services. 00:11:45
For a highly developed shorelines. 00:11:49
Within the Dodge County Shoreline protection Ordinance, this provision allows. 00:11:51
For a property to reach up to 30% with MID without mitigation and up to. 00:11:55
40% with mitigation. 00:11:59
Section 9.6. 00:12:02
Treated impervious surfaces. 00:12:04
Within the Dodge County Shoreline Protection ordinance provisions. 00:12:06
This provision states that impervious services that can be documented to show. 00:12:10
That they are meeting any of the requirements under this section. 00:12:14
Shall be excluded from the impervious service calculations. 00:12:18
Section 9.7 Existing exists. 00:12:22
Existing impervious surfaces. 00:12:26
Within the Dodge County Shoreline Protection Ordinance, this provision allows for the relocation or modification of existing. 00:12:28
Impervious services with similar or different impervious surfaces. 00:12:34
Provided that the real location or modification does not result in an increase. 00:12:37
Of the impervious surface. 00:12:42
Calculations. 00:12:44
This permit was denied by the county land use administrator. 00:12:45
For the following reasons. 00:12:48
As proposed, the driveway. 00:12:49
Would be located 55.5 feet from the ordinary high watermark. 00:12:51
Beaver Dam Lake or 19.5 feet within the. 00:12:56
Requiring set back and thus prohibited by Section 6.1 of the Dodge County Shoreline Protection Ordinance. 00:12:59
Additionally, the impervious service on this property. 00:13:04
4211. 00:13:08
.66 square feet. 00:13:09
Or 31.29%. 00:13:11
This property is considered to be. 00:13:14
Highly developed shoreline under. 00:13:17
Section 9.4. 00:13:19
The Dodge County Shorewood Protection Ordinance and is. 00:13:20
Permitted up to 30%. 00:13:23
Impervious services without mitigation entered up to 40% with mitigation. 00:13:25
First section 9.5, parent 2. 00:13:29
Of the Dodge County Charlotte Protection Ordinance. 00:13:32
According to. 00:13:34
Subsection. 00:13:35
9.5 parent to the maximum allowed in pervious services for this lot. 00:13:36
Without with mitigation. 00:13:40
Our 40%. 00:13:42
Currently the lot exceeds the. 00:13:43
Permissible impervious surfaces for a highly developed shoreline. 00:13:45
Under section. 00:13:49
9.7. 00:13:51
The property owner may maintain. 00:13:52
An increase in pervious services. 00:13:55
Provided there is no further expansion expanded. 00:13:57
However, the proposed increase exceeds the bolting impervious service limits. 00:14:01
Set by section 9.5, parent 2. 00:14:06
And standards in Section 9.7 of Dodge County Shoreline Protection Ordinance. 00:14:09
Making it prohibited. 00:14:14
Section of the ordinance may be met. 00:14:16
By utilizing. 00:14:19
The treated impervious service requirements listed under. 00:14:21
Section 9.6 or by lead relocation. 00:14:24
Of existing impervious services. 00:14:27
Under Section 9.7 of the Dodge County Shoreline Protection Ordinance. 00:14:29
The appellant is requesting a area of variance. 00:14:33
Section 6.1. 00:14:36
And Section 6 or 9.5 of the Dodge County Shoreline Protection Ordinance. 00:14:38
There was number response. 00:14:43
From the Township within 30 days. 00:14:44
The purpose Purpose statement. 00:14:47
Members of the water set back provisions of the ordinance. 00:14:50
Is to require uniform set back distance from the water. 00:14:54
Preserve the public interest in shorelines and navigable waters of the state. 00:14:57
Every property owner that. 00:15:01
As frontage on a body of water is required to comply. 00:15:02
With this uniform set bar set back requirement. 00:15:06
In this case. 00:15:08
The driveway is located within the. 00:15:09
Set back, therefore prohibited by the code. 00:15:11
The purpose of the impervious surface provisions of the Ordinance. 00:15:14
It's a controlled runoff which carries pollutants. 00:15:17
Through the water and of the state. 00:15:20
And to protect. 00:15:22
Navigable waters and the public's interest therein. 00:15:23
From degradation and deterioration. 00:15:27
As proposed, the final impervious services. 00:15:29
Would be 4211.66 square feet or. 00:15:32
173.66. 00:15:36
Square feet above the required maximum. 00:15:39
Employee resources for this lot. 00:15:42
And thus prohibited by the code. 00:15:44
Staff Advisory staff points out the board does not have summary powers. 00:15:46
To ignore. 00:15:50
Ordinance provisions or objectives the burden of. 00:15:52
Also falls upon the appellant to convincingly demonstrate. 00:15:55
To this board that a literal enforcement of the shoreline protection ordinance. 00:15:59
Result in an unnecessary hardship. 00:16:03
That hardship is due to the special conditions unique to the property. 00:16:05
And if granted? 00:16:09
The variance would not be. 00:16:10
Contrary to the public interest. 00:16:12
It is important to note that the impervious surface section of the. 00:16:14
Land use permit can be met by utilizing treating the previous service requirements. 00:16:17
Listen under section 9.64 by the relocation. 00:16:22
Just to confirm your surface. 00:16:25
Under Section 9.7 of the Dodge County Charlotte Protection ordinance. 00:16:29
Examples of these could include. 00:16:32
But are not limited to a replacement of an impervious surfaces with. 00:16:34
Permeable pavers. 00:16:38
Removal of concrete, such as sidewalks for a portion of the driveway. 00:16:39
Installing an infiltration basin or installing a rain? 00:16:44
It's a staff position that the board will be unable to make. 00:16:47
Findings necessary in order to grant. 00:16:50
The variance in this case and therefore the variance request should be denied. 00:16:53
If the board does not make. 00:16:57
The findings necessary in order to grant. 00:17:00
If the board does me. 00:17:02
The findings necessary to in order to grant a variance. 00:17:04
The requested conditions are listed below. 00:17:07
Survey is done to confirm that the driveway does not cross the east property line. 00:17:10
Establishment. 00:17:15
Of. 00:17:16
Restoration of the vegetative. 00:17:17
Thank you. 00:17:25
For the appellant, please come forward. 00:17:29
Please state your name for the record. 00:17:41
Jeffrey Gray, Zack. 00:17:43
Is there any information regarding your request that you would like to add to the record at this time? 00:17:46
I've submitted everything that I. 00:17:52
Did I believe in writing? 00:17:56
I'm not sure how many gentlemen came out and. 00:18:00
Affected the property altogether. 00:18:02
We were all there. You were all there. 00:18:04
OK, see how? 00:18:06
And. 00:18:08
You saw what I had right there. 00:18:09
And as. 00:18:13
What I what I did was is I replaced. 00:18:16
Our grass and gravel driveway. 00:18:19
Which was sloped down. 00:18:21
Not very accessible and was actually kind of dangerous. 00:18:25
And. 00:18:29
Over that. 00:18:30
I graded out the gravel that I had. 00:18:31
Existing from going towards. 00:18:34
The street side. 00:18:37
That was like at grade. 00:18:38
And dropping down to. 00:18:40
1012 inches. 00:18:41
Graded that out. 00:18:44
Didn't add any new gravel. 00:18:46
And put. 00:18:48
The. 00:18:48
Concrete on top of that. 00:18:50
Right up to the edge of the existing sidewalk. 00:18:51
Which? 00:18:56
Which made. 00:18:59
Everything. 00:19:01
In that area that I did very. 00:19:03
Accessible. 00:19:05
For. 00:19:07
Anybody getting in and out of the house? 00:19:09
Which I had many. 00:19:12
Quite a few handicapped. 00:19:13
Family members. 00:19:15
We. 00:19:19
Had my fiance's mother of a father was. 00:19:20
In the process of moving in with us. 00:19:25
Did move in with us for a very short time, but he was up there quite a bit. 00:19:27
With his Walker with an oxygen tank. 00:19:31
And. 00:19:35
That this is after I did the driveway and it was. 00:19:36
Just conducive to get out of the car on a flat surface in any weather. 00:19:41
It was really. 00:19:46
I'd have to. I'm not going to seem possible. 00:19:50
But would somebody with these that uses these? 00:19:53
Walkers and Canes. 00:19:59
It was really bad. 00:20:01
And. 00:20:03
With. 00:20:06
What I did with that I actually. 00:20:07
Put in another doorway. 00:20:09
Right at the end of where that driveway ended. 00:20:12
So that. 00:20:15
Maximum width. 00:20:17
Doorway. 00:20:19
Get a wheelchair in and out. 00:20:20
Very simply. 00:20:22
If that's the case, and. 00:20:23
For. 00:20:26
Entry or for exit in case of an emergency. 00:20:27
And. 00:20:30
Sidewalk. We know sidewalks like. 00:20:33
Where the walkway on the side of the house it's only that wide and. 00:20:35
Just wasn't. 00:20:39
I don't think was safe. It really wasn't safe, so I replaced one surface with another. 00:20:43
And. 00:20:48
What I did was I. 00:20:50
Didn't need a. 00:20:52
I didn't know that I was within. 00:20:54
Set back because that was replacing one surface or the other. I didn't know that there was. 00:20:56
Set back for this I did know. 00:21:01
That if I had something over $5000 of improvements to be done that I would need a permit. 00:21:04
Through the town. 00:21:13
I did know that much. 00:21:14
And. 00:21:16
Like that's. 00:21:17
What I did? 00:21:18
With that little bit of concrete, there was not $5000, so I knew that, but then when I enclosed my. 00:21:19
Previous. 00:21:29
Patio It was an open air patio. Nothing was added there that. 00:21:31
I did get my permit from the town because it was well over $5000 putting in the door and the windows and closing the patio. 00:21:36
So that's what I. 00:21:44
Did there and we had. 00:21:45
We had my future father-in-law that moved in with us. 00:21:48
And sadly. 00:21:52
In a very short time. 00:21:54
Things took a turn for the worst time. 00:21:56
But. 00:21:58
That's not just the only reason I did, but I have other family members. 00:22:00
They did that and the houses. 00:22:03
Is is completely accessible for anybody with a handicap with improvements have also done. 00:22:05
Inside the house. 00:22:13
Let alone the extra doorway that was wide. 00:22:14
Regulation type. 00:22:19
Railing in the house. 00:22:21
Put in new toilet that are. 00:22:24
Ada Heights. 00:22:27
Grab bars. 00:22:28
Side of the toilet inside the shower. 00:22:30
Walk in, shower, and I've done those things to make the house completely handicap accessible. 00:22:34
And. 00:22:39
That's what I did to make. 00:22:41
These improvements. 00:22:43
To this House and. 00:22:46
They weren't conducive to somebody. What a handicap before. 00:22:48
But umm. 00:22:51
Right now and as. 00:22:52
You know if if. 00:22:55
We we know the weather, we get up here in the winter time. 00:22:57
That would be impossible. 00:23:00
Trying to get in and out of a doorway with a very. 00:23:03
Narrow walkway and. 00:23:06
It's that's. 00:23:09
You know, shovel 2-3 feet of snow that could be piled up on the side of the house, which it has been. 00:23:11
It has been and. 00:23:17
That's what I did with the property, gentlemen. 00:23:20
Hey, thank you. 00:23:26
I think so, unless. 00:23:28
Is there anyone in attendance that would like to speak in favor of this variance request before the board? 00:23:32
Shackle. 00:23:39
Anyone in attendance that would like to speak in favor of this variance request? 00:23:44
They can't. They can't hear you back. 00:23:50
Do you want to speak in favor for me? 00:23:55
Should I stay here? 00:24:06
Sure, OK. 00:24:08
State your name for the record please. 00:24:23
Your name. 00:24:28
Robert. 00:24:29
Stomach. 00:24:30
And. 00:24:34
I live next door to. 00:24:35
M. 00:24:39
And. 00:24:43
As far as what he has done. 00:24:45
Through the place. 00:24:48
Just. 00:24:52
Make everything better. 00:24:54
And. 00:24:58
I can say. 00:25:01
That. 00:25:02
His driveway down by the house. 00:25:05
Was uh. 00:25:08
Almost you could say it was a mud puddle. 00:25:10
And I have seen. 00:25:15
That there. 00:25:19
Relation has came. 00:25:21
In a wheelchair. 00:25:24
And with walkers. 00:25:26
In it was kind of hard for them. 00:25:30
To get. 00:25:34
On offer the the driveway there. 00:25:36
Up into the house. 00:25:39
And that was one reason. 00:25:42
That he put the cement in there so they wouldn't have to. 00:25:45
The. 00:25:51
All you want to say in. 00:25:53
Not have to go through a mud puddle, but they could walk nicely. 00:25:59
Safely. 00:26:05
Into the house. 00:26:07
Then if you got any questions you're gonna ask me. 00:26:13
Good morning. You're glad I answered. 00:26:18
Just telling you what what I know. 00:26:23
Did the driveway go as far as it was now? 00:26:27
It did gravel driveway go as far? 00:26:31
As the similar one does now. 00:26:34
Can't understand what you were still you gotta talk closer to the mic I think. 00:26:39
Did the gravel driveway go? 00:26:46
Just as far towards the lake as the cement one does now. 00:26:49
I believe it does the driveway gravel driveway goes up. 00:26:53
To where the cement starts. 00:27:00
But where he put the cement? Was there gravel there before? 00:27:06
Ah, you're talking about. 00:27:10
The side of the house where the doors were. The gravel air. 00:27:15
There was very little. 00:27:20
Gravel there and it was kind of. 00:27:22
Down. 00:27:24
From the driveway and. 00:27:28
When it got to the house, it kind of went down like this. 00:27:31
And OK. 00:27:37
That's one reason that he put the cement and so when? 00:27:39
The company came that were. 00:27:46
Crippled up or in? 00:27:49
Wheelchairs and walkers and canes and stuff. 00:27:52
That they wouldn't have to walk through that. 00:27:57
OK. Is that it? 00:28:01
Yeah. Thank you. 00:28:04
Oh, you're welcome. 00:28:06
Is there anyone else in the audience that would like to speak in favor of this variance request? 00:28:08
Is there anyone else in the? 00:28:16
Audience, I would like to speak in favor of this request. 00:28:17
Is there anyone else who would like to speak in favor of this request? 00:28:24
Is there anyone in the audience that would like to speak in opposition to this variance request? 00:28:31
Is there anyone in the audience that would like to speak in opposition to this variance request? 00:28:38
Is there anyone in the audience I would like to speak in? 00:28:46
Against this variance request. 00:28:48
Yes. 00:28:50
Have my written response. 00:28:51
OK. Thank you. 00:28:54
Anyone else care to speak against this variance request? 00:28:55
The board have any questions of the appellant? 00:29:02
No. 00:29:05
Not at the time. 00:29:08
I think we should hear the rest of this. 00:29:10
He's whatever he's got there. 00:29:14
Start with the. 00:29:25
The DNR. 00:29:27
Dear board members, the Department of Natural Resources received. 00:29:28
Has received the notice for the September 18th. 00:29:32
2025 Public hearing concerning the after the fact variance request. 00:29:35
Submitted by Jeff Gray Sick. 00:29:38
The request is to allow a structure to remain, which is. 00:29:40
Constructors 55 feet. 00:29:43
55.5 feet from the ordinary high watermark of Beaver Dam Lake. 00:29:45
And to allow. 00:29:49
31.29% impervious surfaces. 00:29:50
On lot. The Dodge County zoning ordinance requires structures to be. 00:29:54
Set back 75 feet from the ordinary high watermark. 00:29:58
The Dodge County Charlotte ordinance allows a maximum of 30% impervious services without mitigation. 00:30:01
As stated in the variance, the property is located. 00:30:07
And 8364 County Road CP in the town of Westford. 00:30:10
The department is writing in response to the county Board of Adjustments requests for an opinion. 00:30:16
From the department. 00:30:20
Per chapter. 00:30:22
By 59.692. 00:30:23
Parent for parent B Wisconsin State statutes. 00:30:26
As allowed by a law. 00:30:30
This letter is based on the information provided in the hearing notice. 00:30:32
And the application submitted. 00:30:36
Please have this letter delivered and read into the. 00:30:38
Right before the Bo. 00:30:41
Per the informed. 00:30:44
Information provided. 00:30:46
The application applicant the department does not have believe. 00:30:47
The applicant can demonstrate. 00:30:52
Meeting the three statutory criteria for granting a variance. 00:30:54
The Snyder versus Waukesha County. 00:30:58
Zoning Board of Adjustment. 00:31:00
Decision. 00:31:02
74. 00:31:04
With D2468. 00:31:05
Come 478-7927247. 00:31:10
And W. 00:31:16
2D98 made it clear that the circumstance. 00:31:17
Or desire of the applicant is not a factor to be considered when. 00:31:22
Deciding variances further. 00:31:26
The statute. 00:31:28
State versus Winnebago County decision. 00:31:29
Established that economic loss or financial hardship does not justify a variance. 00:31:32
As the board. 00:31:38
Board reviews the variance requests. Please keep in mind that the applicant has. 00:31:39
Burden of proving. 00:31:43
That their request meets all the statutory requirements for the granting of a variance. 00:31:45
For each request. 00:31:50
That is, the applicant must remove. 00:31:52
That they will suffer an unnecessary hardship if the provisions. 00:31:54
In the county, Sterling board zoning ordinance are literally enforced. 00:31:58
Wisconsin Supreme Court has made it clear that proof of. 00:32:02
Unnecessary hardship by itself. 00:32:06
Does not entitle an applicant to a variance. All three statutory. 00:32:08
Variance criteria. 00:32:12
Must be satisfied in order. 00:32:14
To grant a variance. 00:32:16
It may be possible. 00:32:18
That the applicant will provide additional evidence. 00:32:19
At the hearing, which may change the conclusion listed below. 00:32:23
Unique physical limitations. The applicant must demonstrate that. 00:32:28
Unique physical limitations. Wetland. 00:32:32
Steep slopes. 00:32:35
Streams rock outcroppings for. 00:32:36
Special conditions of the property exists that. 00:32:38
Prevent. 00:32:42
Compliance with the ordinance. 00:32:43
Regulations. 00:32:44
The physical limitations must be. 00:32:45
Unique to the property in question. 00:32:48
And not generally shared by other properties in the area. 00:32:50
When determined in a. 00:32:54
If compliance is prevented. 00:32:55
The whole parcel must be considered. 00:32:57
The applicant has not provided information describing physical property limitations. Unique. 00:32:59
To this property and not. 00:33:05
Generally shared with. 00:33:07
Other properties in the area. 00:33:09
No harm to the public interest. The applicant must demonstrate that the variance will not result in harm. 00:33:11
Or be contrary to the public interest. The Board. 00:33:16
Must consider the. 00:33:20
The impacts of the proposed. 00:33:21
Project as well as the cumulative impacts of similar projects. 00:33:23
On the interest of the neighbors, the community. 00:33:27
And the general police. 00:33:30
These interests are listed in the purpose statement. 00:33:32
Of the ordinance and. 00:33:35
For shoreland zoning. 00:33:36
To keep protection of public health. 00:33:39
Safety. 00:33:42
And welfare, maintenance of clean water, protection of Fish and Wildlife have fed. 00:33:43
And. 00:33:47
Preservation of. 00:33:48
Need natural scenic beauty? 00:33:49
Scientific studies have shown when projects are constructed within the water set back, there can be an environmental concern such 00:33:53
as the change in fish species from game fish to rough fish. 00:33:58
Loss of wildlife habitat. 00:34:03
More runoff entering. 00:34:05
To the lake without filtering. 00:34:06
Loss of natural scenic beauty, etc. 00:34:09
Cumulative impacts of the repeated. 00:34:12
Project so close to the water bodies. 00:34:14
Can multiply. 00:34:17
The impacts of the loss of habitat the applicant has not provided. 00:34:18
Information describing no harm to the public interest. 00:34:22
Unnecessary hardship. The applicant must demonstrate that if the. 00:34:26
Variance is not granted. An unnecessary hardship exists. 00:34:30
The applicant may not claim unnecessary hardship because of the conditions. 00:34:33
Which are self-imposed or created by a prior owner. 00:34:37
For example, building home. 00:34:41
In compliance and then it subsequently. 00:34:42
Constructing a deck without a permit. 00:34:46
Courts have also determined. 00:34:48
That a economic, financial or. 00:34:50
Or financial hardship does not justify a variance. 00:34:52
For determining whether. 00:34:55
Unnecessary hardship exists the board must consider. 00:34:58
The property as a whole, rather than just a portion of the. 00:35:01
Parcel. 00:35:04
Unnecessary hardship exists only if the property owner. 00:35:05
Shows that they would. 00:35:08
Have no reasonable use of the property. 00:35:10
A lot of variance. 00:35:12
If the. 00:35:13
Property currently supports a reasonable use. 00:35:14
The hardship test. 00:35:17
The is not met. 00:35:19
And the variance may not be granted. 00:35:20
The property owner. 00:35:23
Bears the burden of proving and unnecessary hardship. 00:35:25
Please note that these comments are in regards to the shoreland. 00:35:28
Zoning regulations only. 00:35:32
And do not reflect applicable division. 00:35:33
Waterway permitting. Floodplaining. 00:35:36
And other. 00:35:38
Regulations. 00:35:40
Is the responsibility of the Board of Adjustments to assure the statutory standards of the? 00:35:42
Granting of a variance are met. 00:35:46
And the standards help. 00:35:48
To ensure protection of the public interests, including preservation of water quality. 00:35:50
And Fish and Wildlife habitat along lakes and rivers. 00:35:54
Wisconsin's navigable waterways. 00:35:57
Are held in trust for all people to enjoy. 00:35:59
The Charlotte set back is important to protect the water quality. 00:36:02
Natural scenic beauty and the Fish and Wildlife habitat for Wisconsin waterways. 00:36:06
The department appreciates. 00:36:11
Your commitment to Dodge County water resources and protection of public interest. 00:36:13
For future generations, sincerely. 00:36:18
Kristen Rank. 00:36:20
Shoreline and floodplain zoning specialist, Wisconsin Department of Natural Resources. 00:36:21
We have some. 00:36:30
Few letters in favor. 00:36:32
To whom it may concern, my name is Wayne. 00:36:38
Weber. 00:36:41
I was a prior owner of the homes. 00:36:43
Starting. 00:36:46
In late 2000. 00:36:46
9. 00:36:48
To the best of my knowledge. 00:36:49
Area between the house and the garage and the fence. 00:36:51
Had a gravel base. 00:36:54
There was always some weeds there. 00:36:55
Weeds and grass growing on the surface, but. 00:36:57
That area of the driveway. 00:37:00
Was always a hard service which supported my truck without any visual depressions. 00:37:02
Year round. 00:37:07
Wayne Weber. 00:37:08
An e-mail. 00:37:11
I've seen the property question. 00:37:14
Prior to contract, contract. 00:37:16
Concrete being poured. 00:37:18
It was a gravel. 00:37:20
And grass existing. Gravel was just leveled out. 00:37:21
And concrete poured on top of it with no additional gravel being added. 00:37:25
I have no objections to the work that was done on the property. 00:37:29
Thank you. 00:37:32
Steve Garb. 00:37:32
E-mail to whom it may concern my name is. 00:37:40
Michael Reinik. 00:37:43
I am the. 00:37:45
Relative of Jeffrey Krasick. 00:37:46
And the owner of N. 00:37:47
83. 00:37:49
64. 00:37:50
CP, Beaver Dam, WI. 00:37:51
I have been to his house numerous times before and after he's poured the concrete alongside this house. 00:37:54
Prior to the gravel. 00:38:00
The prior gravel and grass was not. 00:38:02
Easy access to the house. 00:38:04
When he completed the concrete pad, the newly installed. 00:38:07
Second entrance made ease of access very simple with my. 00:38:10
Disability as I use a cane and a Walker. 00:38:14
He has also made improvements inside his home. 00:38:17
That our handicapped friendly and 88 accessible. Thank you. 00:38:20
Michael. 00:38:24
Writing. 00:38:25
I have one in opposition. 00:38:27
We are Jeffrey Gracie's neighbors and his driveway. 00:38:44
Is abutting our property. 00:38:47
We read Mr. Gray 6 requests for a variance. 00:38:50
And it is nonsense. He did not put the driveway. 00:38:52
Into accommodate an 88 entrance his girlfriend's father. 00:38:56
Came to the residence two or three times since he. 00:39:00
Purchase a property and her father is now deceased. 00:39:03
Her father did use a wheelchair. 00:39:06
McCain, your father, lived at the property for a few days in June. 00:39:08
But he had a medical incident and ended up in the hospital and died on July 4th, 2024. 00:39:12
Here's the obituary for his girlfriend's father. 00:39:19
Therefore, since July. 00:39:23
Of 2022, which is the date Mr. Grayson purchased a property he has need. 00:39:25
As needed. 88 accommodations, 3 or 4 times. There is no one living. 00:39:31
Full time or part time at the residence that needs 88 accommodation. 00:39:36
In fact, it appears that Mister Grayson no longer lives at the residence. 00:39:41
We see them infrequently. 00:39:45
I believe his mother might have. 00:39:47
Needed ADA accommodations but she never visited the property and now deceased. 00:39:49
Here's Mrs. Gray 6, Mr. Gray 6 mother's obituary. 00:39:53
Be that it may. 00:39:58
You do not need an entire driveway for 88 comp. 00:39:59
ADA accommodations. You simply need somewhere to roll the wheelchair. 00:40:03
There's a sidewalk that is 46 inches. 00:40:07
Why next to the house and the driveway abuts the sidewalk? 00:40:10
And is on the same. 00:40:14
And level as a sidewalk. 00:40:16
He does not need a 53 foot. 00:40:18
By 8.755 wait for an 88 entrance. 00:40:21
Especially since he has no one living with him. 00:40:25
That eats 88 accommodation. 00:40:28
Sidewalk is sufficient. 00:40:30
Or could be modified. 00:40:32
Wayne Weber on the property. 00:40:33
Before Mr. Gray sick. 00:40:35
When Wade Weber put the sidewalk in, he made sure that it was wider than his mother. 00:40:37
Sometimes visited and she. 00:40:42
Was it a wheelchair? 00:40:44
On the back of the house or the lakeside, there's a concrete porch. 00:40:46
When we whoever purchased the proper the house. 00:40:51
The concrete on the porch was all cracked. 00:40:55
Wayne added four inches of concrete over the existing concrete porch. 00:40:57
Which raised the porch 4 inches in order to. 00:41:01
Cover the crack concrete if you look at the porch slab. 00:41:04
You can see where the four inches was added. 00:41:08
Wayne also added the sidewalk next to the house. 00:41:10
Sidewalk slopes up. 00:41:13
Porsche and the driveway at Butts. 00:41:14
The sidewalk and slopes to the porch as well. 00:41:18
Attached as. 00:41:21
Exhibit C is a picture of the side of the porch. 00:41:22
And you can see where 4 inches of concrete was added to the top of the original porch. 00:41:26
Attached. 00:41:31
As Exhibit D1 is a picture of the property when Mr. Gray sick. 00:41:32
Purchase it, you can see the sidewalk and the slope of the land. 00:41:36
When Mr. Gray sick. 00:41:41
Started the project for the driveway at first. 00:41:42
He wanted to take down our fence. 00:41:45
Then he wanted to pour the driveway up to our fence. We told him we owned 12 inches. 00:41:47
On his side of the fence. 00:41:53
We have a survey that shows that. 00:41:55
We asked them to repeatedly get. 00:41:57
The survey He did not want to get a survey. 00:41:59
You also talked about putting in a carport and closing the driveway. 00:42:02
On three sides once the concrete was built. 00:42:06
We are concerned that he was going to. 00:42:08
Put footings for the carport on our property. 00:42:10
He talked about extending the roofline. 00:42:14
I was house up to our fence. 00:42:16
In order to put the carport. 00:42:18
He told us he wanted much. 00:42:21
As much. 00:42:23
Concrete is he could get my husband measured. 00:42:24
One point at the beginning of the driveway for him. 00:42:27
Because he refused to get a survey. 00:42:30
You know, want the driveway on our property? 00:42:32
At the time. 00:42:36
He it was the lesser of two evils since he refused to get a survey. We did not know that. 00:42:39
What to do at the point? 00:42:44
My husband measured. 00:42:47
The driveway is right. 00:42:48
On the lot line. 00:42:49
That is very the beginning of the driveway. 00:42:51
In the middle of the driveway. 00:42:53
It is 1 1/2 inches on our property. See exhibit. 00:42:55
E by the end of the driveway. 00:42:59
It is 3 inches on our property. 00:43:01
See Exhibit F. 00:43:03
See Exhibit GE. 00:43:06
Survey Mr. 00:43:07
Mark Thomas, check. 00:43:09
My husband never measured the middle or end of the driveway. He only measured one point at the beginning. 00:43:11
We do not want this driveway on our land. 00:43:17
We had an attorney. 00:43:19
Send Mr. Gray Sick a letter regarding the encroachment. 00:43:21
And he ignored it. He refused to even discuss any solution or contact. 00:43:24
The attorney we hired in order to try to resolve the matter. 00:43:29
He simply does not care. 00:43:33
And is indifferent to the problem he has created. 00:43:35
We rate. 00:43:38
We ran into problems with Mr. Gray Sick 1. 00:43:40
We decided to plan. 00:43:43
Bushes in order to define the prop. 00:43:45
The line lot lines. 00:43:47
We did have a survey, but the survey was over 10 years old. 00:43:51
We contacted Mark Thomas Check at New Frontier Land Survey. 00:43:54
And he asked him to do just plot the lines so we could plant bushes. 00:43:59
We did not want a full blown survey, we just wanted to make sure. 00:44:03
That the bushes that we planted were on a property. 00:44:07
We were shocked to find out Gray Sick had put in. 00:44:10
Part of his driveway on our property on top of that. 00:44:13
We do not pull the stakes out some, but someone. 00:44:16
At the Mr. Gray Chick, residents pulled out the stakes. 00:44:20
And flags that Mister Thomas Scheid. 00:44:23
Had placed. 00:44:25
Because of that. 00:44:27
When we heard that Mister Gray Sick wanted a variance. 00:44:28
We had Mr. Thomas I come back out again. 00:44:31
And put the stakes and flags back in. 00:44:34
This time, Mr. Thomas. 00:44:36
That's with concrete. 00:44:38
With the concrete saw. 00:44:40
The portion of the driveway that is on our property, we also wanted to. 00:44:42
Wanted a current survey to show the board of review. 00:44:47
Attached. 00:44:51
As Exhibit G is a copy of. 00:44:52
The survey for Mr. Thomas Check. 00:44:55
The concrete slab. 00:44:57
Of the driveway is 3 inches. 00:44:58
Thick at the beginning in 11. 00:45:01
And a half inches thick at the other end. 00:45:02
The driveway gets increasingly taller. 00:45:05
And the concrete gets thicker as it runs to the lake. 00:45:08
Exhibits J1 and J2. 00:45:12
Mr. Gracia. CAD change. 00:45:14
The natural slope of the property. 00:45:16
Now it is elevated is. 00:45:18
Pervious in. 00:45:20
Is draining all the water. 00:45:21
From his proper. 00:45:23
From this area onto our property. 00:45:24
His sidewalk and driveway are pitched. 00:45:28
Away from his house so that it runs on. 00:45:30
Our property. 00:45:32
He has no property next to his driveway. 00:45:34
We get all of his rainwater from the driveway and his. 00:45:36
Sidewalk. 00:45:40
Attached as Exhibit H2 are copies of the photos. 00:45:41
During heavy rainstorms, showing the water. 00:45:46
That the water draining onto our property are. 00:45:48
Own gutter and downspout. 00:45:52
He's on that side of the house. 00:45:54
Of our house and it is discharging our water. 00:45:56
On our property as it should. 00:45:59
The area next to our fence is very wet. 00:46:01
Four days after a rains, this is unacceptable and is not. 00:46:05
The way it should be. 00:46:08
He needs to mitigate the water. 00:46:10
And redirect water from his driveway and sidewalk onto his. 00:46:12
Property but. 00:46:17
Just like pouring his driveway on our property is now. 00:46:18
Directing his rainwater on our property. 00:46:22
And he believes. 00:46:25
The problem is ours and not his. 00:46:26
He takes no responsibility. 00:46:29
Mr. Grishak has done nothing to. 00:46:31
To attempt to correct the situation. 00:46:34
Mr. 00:46:36
Simply wants to use the. 00:46:38
The Americans with Disabilities Act. 00:46:40
When he has no. 00:46:42
One who needs Ada? 00:46:44
Living with him, he is making. 00:46:47
And observed misrepresentation of the ADA he is. 00:46:48
Ignoring the encroachment on our land and ignoring the fact that we are getting. 00:46:52
All the water from his sidewalk. 00:46:56
And drive away because he put in. 00:46:59
An impervious service that is pitched towards our property. 00:47:01
He wants. 00:47:04
You to let him keep his driveway, he offers. 00:47:06
No remedy mitigation to the problem as that has. 00:47:09
He has created. 00:47:13
He simply wants you to. 00:47:14
Random of variance to authorize. 00:47:16
And allow. 00:47:18
What he has done leaving. 00:47:20
Us with. 00:47:21
Off of the encroachment and the water draining on our property. 00:47:22
Worst of all? 00:47:27
He has taken no culpability for anything. 00:47:28
Mr. Grayshak is now. 00:47:30
Must now. 00:47:32
So unnecessary hardship. 00:47:34
There is no reasonable use of the property without the variance. 00:47:36
The hardship test is in this case cannot be met. 00:47:40
Whether you drive on grass or concrete, you will still. 00:47:43
Use have use of the property. 00:47:46
There is no Ada use. 00:47:49
The he already had a sidewalk that accommodated. 00:47:51
Accommodates. 00:47:54
In fact, allowing the variance will create a hardship for us. 00:47:56
You'll be allowing Mr. Gray Chick to redirect the rainwater. 00:48:00
Onto our property and you will be. 00:48:03
Longest aggressive to encroach on our property. 00:48:05
He will have to deal with. 00:48:08
How to get rid of all the water that Mister Grisha? 00:48:10
Is draining on our property as well as how to deal with the approachment. 00:48:13
The Wisconsin Department of Natural Resource. WDNR. 00:48:17
And Dodge County allows them to approach. 00:48:20
And drain on a water. 00:48:23
Drain water on our property when he offers not mitigation. 00:48:24
Is over the allowable limit of impervious service. 00:48:29
Within the 75 foot shoreland set back. 00:48:33
Then what remedy do we have against the WDNR? 00:48:36
Dodge County and Mr. Gray sick. 00:48:39
The Hodge County the. 00:48:41
Wisconsin DNR need to enforce their own rules. 00:48:42
There are no unique tip. 00:48:45
Due to the property limitation, there are no slopes. 00:48:48
ETC or anything that. 00:48:51
Prevents the use of the property. 00:48:53
Without the. 00:48:55
The driveway creates a hardship. 00:48:58
The driveway is higher than the existing ground originally was. 00:49:01
The driveway was. 00:49:05
Driveway changes the natural slope of the land. 00:49:07
And has a negative impact on our property. 00:49:10
Because of that, change the impervious surface. 00:49:12
Of the driveway creates. 00:49:15
Drains water on our land. 00:49:18
The water. 00:49:20
Used to soak into the ground on Mr. Gray 6 land and not now. 00:49:21
Used to be grass next to Mr. Gray 6 sidewalk Mr. Gray chick. 00:49:25
Keep saying that he puts an impervious service over impervious surface. 00:49:30
But that is erroneous. We have lived. 00:49:35
In our house since 2010. 00:49:38
That area was grass. 00:49:40
In fact, we painted our fence. 00:49:42
When Wade Weber had the property for. 00:49:45
Up for sale and we are. 00:49:47
Walking on grass. 00:49:49
Attached as exhibits. 00:49:51
I-1. 00:49:54
To I3. 00:49:55
Our copies of photos from the Realtors showing. 00:49:57
What property looked like when Mr. Gray Sick purchased the property? 00:49:59
As you can see, the sidewalk sloped up to the porch. 00:50:03
And the areas next to the house. 00:50:06
Was grass. 00:50:08
It does not harm. 00:50:09
It does harm the public interest. It affects water quality. Water is draining. 00:50:12
On our property you know our crawl space and near our septic system. 00:50:16
It will affect what we do with our property in the future. 00:50:20
And as we have a very wet area next to our house because. 00:50:24
We have his water and our own water. 00:50:29
We will be left with problems mitigating his water. 00:50:32
Or suing him. 00:50:36
And whoever else is. 00:50:37
Responsible in order to. 00:50:39
Mitigate the water, Mr. Gray. 00:50:41
Should be mitigating his own water. 00:50:43
There is no. 00:50:45
Mitigation here. Nor has any mitigation been offered. 00:50:47
Unfortunately. 00:50:52
With no vacation, he will be. 00:50:53
We will suffer the consequences of Mr. Gray 6 accidents. 00:50:55
Actions. 00:50:59
And be left. 00:51:00
With rather menacing problem. 00:51:01
Additionally, when Mr. Gray sick is ordered to remove the driveway, someone from. 00:51:04
The county do an inspection after the removal of the driveway to make sure. 00:51:09
The removal is done in such a manner, such a way. 00:51:13
That the land and grade. 00:51:16
Of the land. 00:51:18
Is restored back to the way it was. 00:51:19
Or the driveway was poured. 00:51:22
Swirling zoning. 00:51:25
Rule and rules. 00:51:26
We're created to address the problems. 00:51:28
Like this one? Shoreline zoning. 00:51:30
Only allows the percentage of the land to be impervious service and. 00:51:32
Regulates where? 00:51:36
The water drains near the lake in. 00:51:37
Relation to the impervious surfaces. 00:51:40
In the. 00:51:42
Interest of justice, We respectfully request that you deny. 00:51:44
This request for the variance for the reasons we stated. 00:51:47
And the property and circumstance in this case do not meet. 00:51:51
3 criteria that are essential. 00:51:54
In order to grant the variance and Mr. Grayshake has no one. 00:51:56
Living when I'm needs 88 combinations. 00:52:00
Even if he did. 00:52:03
And 88 accommodation that can be accomplished by modifying the existing sidewalk. 00:52:04
You would not. 00:52:10
Be eliminating a hardship. 00:52:10
I'm Mr. Gray 6 behalf by granting a variance. 00:52:12
However, you would be creating hardship. 00:52:16
On our part. 00:52:18
Greg and Joanne Dolph wait. 00:52:19
And eight. 00:52:21
360. 00:52:22
County Road CP, Beaver and Wisconsin, 539. 00:52:23
16. 00:52:27
That is it. And then the associated. 00:52:32
Attachments, yes. 00:52:35
Yes, I want to make one comment. 00:52:37
When I read the. 00:52:39
Notice of. 00:52:44
Board of Adjustment. 00:52:45
And my copy it says. 00:52:47
County Road P Actually it should be County Road CP. 00:52:49
For your information. 00:52:53
Does the board have any questions of the appellant? 00:52:58
Do you have any questions? 00:53:07
No, not at the moment. 00:53:11
So the fence was there before you. 00:53:13
Bought the property. 00:53:16
Yes, Sir. 00:53:17
Would the appeal and like to make a final statement for the record. 00:53:25
Well. 00:53:29
When I. 00:53:30
Did this project. 00:53:31
I consulted with my neighbor who just. 00:53:35
Gave you the. 00:53:38
Long letter there. 00:53:40
And we actually. 00:53:42
They they pulled out their survey. 00:53:44
Of. 00:53:48
What the distance was from the lot line? 00:53:49
Whatever I'm hearing about an inch and 1/2 or three inches or all of that stuff we measured. 00:53:52
Together. 00:53:58
We measured. 00:54:00
The distance from the house. 00:54:02
Which was 109.1 inches. 00:54:04
That was the number that was on their survey that they had. 00:54:07
From their house. 00:54:11
From their house. 00:54:12
Was their property line 109.1 inches? 00:54:14
That's where I put the concrete form. 00:54:17
Now if I'm over. 00:54:19
Their property, I'm not, they're saying. 00:54:22
That fences. 00:54:25
Maybe 6-8 inches from where the concrete is. 00:54:27
So when I measured that, I even put the form in closer. 00:54:32
Then exactly 109.1 inches. 00:54:35
And move the form in that little bit. 00:54:40
And if I'm over? 00:54:43
If I'm over. 00:54:46
On their property. 00:54:49
I'm happy to go and. 00:54:51
Get a concrete saw or hire. 00:54:52
The same guy who? 00:54:56
The contractor that was there that is a letter in my file. 00:54:58
As I was applying for this which I have the letter here. 00:55:03
He was there. 00:55:06
When? 00:55:08
The neighbor was there, measured with me. 00:55:09
Oh, you're good right there. 00:55:13
And he never. 00:55:15
Had any objections? 00:55:16
Whatsoever to me doing what I'm doing. 00:55:18
Right there, never brought up anything about. 00:55:21
This dissertation about. 00:55:25
Mitigation and where the water is going and. 00:55:27
I certainly wouldn't want anybody flooding my house with water. 00:55:31
That water is moving and it's moving towards the lake. 00:55:36
All the time. 00:55:39
And. 00:55:41
It's not flooded at all anywhere. 00:55:42
I don't get flooding on. 00:55:45
I actually own the house next to me of the property in question. There's no flooding of any water. 00:55:47
Anywhere. 00:55:53
And it moves and it goes down to the lake. Now if I going back to if I had to cut off an inch or three inches of my concrete and 00:55:54
hire somebody to cut that off to mitigate this. 00:56:00
I'll even cut off 5 or 6 inches. 00:56:05
That I could. 00:56:09
Get one of those. 00:56:11
Gutters. 00:56:12
That goes in the concrete. 00:56:14
That people have down like when they. 00:56:18
Do driveways. We've seen them, we've seen them in garages, we've seen them in shops. 00:56:20
I could put that on the end of the concrete. 00:56:24
And mitigate that water away. 00:56:27
Would be nowhere near their house. I could. 00:56:30
I could do that. I'm Andy. 00:56:32
And. 00:56:34
Put that gutter in. Seal it. 00:56:35
That water is going into that gutter and out to the lake the same way. 00:56:38
With no problem I have. 00:56:42
As I as I stated before. 00:56:44
I replaced one surface with another. 00:56:46
And. 00:56:49
As. 00:56:50
I was doing this project. 00:56:52
Oh, you're good with that. 00:56:54
That I hear from my neighbor. You've got no problem with this. 00:56:56
And. 00:56:59
Then. 00:57:01
I'm getting notices from the county. 00:57:03
And. 00:57:05
Soon as I got those notices. 00:57:06
I came down to this building. 00:57:09
And I. 00:57:12
Met with Terry Oakes. 00:57:14
And I told him I had no intentions to being deceptive or deceitful in anything that I was doing. 00:57:16
And I just want to make this right. 00:57:23
So what do I need to do? 00:57:26
And. 00:57:28
Went through the process. 00:57:29
And. 00:57:31
Terry came out once, maybe twice, measured things and. 00:57:33
Then I didn't hear. 00:57:37
That was. 00:57:41
Earlier in. 00:57:44
24. 00:57:45
And then I think I got a letter in March. 00:57:47
And then I haven't heard anything for. 00:57:50
Over a year. 00:57:52
I heard nothing. 00:57:55
Nothing and. 00:57:57
Originally. 00:57:58
In. 00:57:59
With. 00:58:01
The. 00:58:03
Information I got from Terry, Oops. I told him I wanted to make right. Nowhere was anything ever said about set back and I didn't 00:58:05
know where that came from. 00:58:09
So, umm. 00:58:13
There was nothing ever mentioned about that and it was like it was compounded on me. 00:58:15
Over a year later, right? I haven't heard anything from anybody in a year. 00:58:20
And then I see this with the set back. 00:58:25
And then also. 00:58:28
In there is 1.29%. 00:58:30
That I'm over on impervious surface. 00:58:34
I think that's the number 1.29%. 00:58:38
If I'm over 1.29%. 00:58:41
I could call somebody with a skid loader, scrape up that gravel, some of that gravel, and I'll plant dirt and grass. 00:58:44
To put that within code. 00:58:52
But that's what I could do to alleviate. 00:58:54
The the the whole water mitigation aspect. 00:58:56
And I could dig that up and I could put grass. I could dig up my whole driveway and put grass. 00:59:00
That's almost 200 feet long, which. 00:59:04
One was probably measured. 00:59:08
Bacteria Oaks. 00:59:10
Was probably measured wider and there is so much grass growing alongside where there there's barely even a track. 00:59:12
Of gravel that's even seen right now. 00:59:19
The in the middle there's like 3 feet of. 00:59:22
Growth just coming through all of this and I could remedy that. 00:59:25
So I think that's. 00:59:32
Any question is. 00:59:37
Sounds to me like he's offering to saw. 00:59:39
The edge of the driveway off. Would that put him in compliance? 00:59:41
That would put. 00:59:47
Him in compliance to the side property line. 00:59:48
There's still the issue of the the. 00:59:51
Shoreline set back. 00:59:54
And then the impervious surfaces. 00:59:55
And you could. 00:59:59
You know, depending on which way you go. 01:00:02
That could be a condition. 01:00:04
Of your. 01:00:06
Decision. 01:00:07
To remove the. 01:00:08
Proper the the concrete that is over the side property line. 01:00:12
Can the cement go to the property line? 01:00:16
Yes, there's no no side property line set back for. 01:00:19
For that. So in other words, we had sounds from the. 01:00:23
What we've heard. 01:00:27
I don't know if that's exactly right, but. 01:00:28
One to three inches, is that correct? Would you? 01:00:31
I don't think it's. 01:00:33
Yeah, it's kind of a triangle shape, 11 inch on one side. 01:00:34
3 inches on the side closer to the lake. 01:00:38
I believe that's why it is. 01:00:43
So you're willing to do that? 01:00:46
To cut the edge off so you're. 01:00:48
I can and I've done it. 01:00:52
I've done it Sir. I've used the. 01:00:53
Big concrete saw and. 01:00:56
You put a little water on the blade and you don't make no dust and. 01:00:58
Saws off like. 01:01:02
You did do that. 01:01:05
Could I do it? 01:01:06
Yeah, I said. 01:01:07
Did you do it or you're willing to? No, I I'll absolutely do it if that's what I need to do. 01:01:08
I'll even put in. 01:01:13
Or as I mentioned, one of those. 01:01:15
In-ground rain gutters. 01:01:18
That would. 01:01:20
Be right below the edge of the concrete and any water that would go in there. 01:01:20
Would would be. 01:01:26
Just as it got her off the house right at the end of it. 01:01:29
Going right down and going. 01:01:32
There's a slope there. 01:01:34
There's slope going there. 01:01:36
Towards towards the water. 01:01:38
That sound like it would be. 01:01:45
Reasonable or. 01:01:47
Yeah, I think when we come to our decision, we can put them in there. 01:01:49
Because I think that's what you have to do. 01:01:53
Because these tech I look at as though he is technically dumping water on. 01:01:56
The neighbor. 01:02:01
You know right now. 01:02:03
And you should be keeping. 01:02:05
I look at you should be keeping water on your own property. 01:02:07
Right, but I mean, but he'd be putting in a. 01:02:12
What he's talking about would be a special gutter that would take. 01:02:14
And that's the way it should be, water from the cement out to the lake. 01:02:19
I believe those are called trench drains. 01:02:23
Say it again. Trench drain. OK. 01:02:28
I wasn't sure the name of it. 01:02:32
OK, 8. 01:02:36
I think we were partially into this. Would you like to make a final statement for the record? 01:02:44
I think I've said everything I need to. 01:02:50
OK, and I declare the public hearing. 01:02:54
Portion of this. 01:02:58
Hearing closed. 01:02:59
And we will move to conclusions of the law. 01:03:00
All right, this is for the impervious surface request first. 01:03:03
Is there palace request? 01:03:09
2 sections, 9.5 the counties. 01:03:10
Shoreline protection ordinance, which refers to the maximum. 01:03:14
Previous surfaces. 01:03:17
Permitted on a highly developed. 01:03:19
Shoreland Property. 01:03:22
Yes, yes. 01:03:29
I would say yes. 01:03:32
Is there physical limitation? 01:03:36
Actions that one question. 01:03:38
Any according to. 01:03:41
You know some. 01:03:43
He says there was gravel all the way down and some of the letters have said that. 01:03:44
Are we assuming that that isn't the case or? 01:03:49
I I don't assume anything. 01:03:53
We don't have as staff. Before tonight we didn't have any evidence that there was anything there. 01:03:55
The owner didn't provide us with anything. 01:04:01
If you could find evidence that there was something there, then that. 01:04:04
Might change your decision. 01:04:08
In others that you didn't add any, that there was gravel there and that you just moved it around some contractor. 01:04:11
What right if we look at this is the lakeside? 01:04:18
And we look at this as the back of the house where the. 01:04:22
Besides or the sidewalk or the the sidewalk. 01:04:26
That gravel was. 01:04:31
Probably love it was level. 01:04:34
With the sidewalk. 01:04:37
For. 01:04:39
Quite a bit. 01:04:39
Of that gravel drive. 01:04:41
And then as it sloped down. 01:04:43
When? 01:04:47
We leveled it out from. 01:04:50
It's probably 10 to 12 inches down. 01:04:53
That we leveled out. 01:04:56
From level gravel. 01:04:58
Skid Loader. 01:04:59
And just. 01:05:01
Scraped it and brought it. 01:05:02
To the end. 01:05:04
Of where the walkway was and leveled it up. No new gravel was brought in. 01:05:05
No new graph, just leveled it out and got it down to 5 inches. Does that all slope towards the lake then? 01:05:09
Pardon me, does that slope towards the lake after the cement was poured or not? 01:05:16
Does the driveway, Yeah. 01:05:20
Well. 01:05:22
I'm not sure if it slopes towards the lake. 01:05:24
Um, support pretty. 01:05:30
It's poured pretty flat and. 01:05:32
We're dealing with here. 01:05:36
Is there a physical limitation as unique to this property that prevents the appellant from complying with the maximum? 01:05:40
Impervious provisions of the Ordinance. 01:05:46
Yes. No. 01:05:49
He could comply. 01:05:59
He could comply. 01:06:00
Is the maximum impervious surface. 01:06:13
Provisions of the ordinance unnecessary, burdensome in this case, thereby creating hardship. 01:06:15
No. 01:06:21
Does the appellant have other options available to complete these? 01:06:30
Projects in compliance with the ordinance. 01:06:33
Yes, he does. 01:06:40
What hardship exists if the variance is denied? 01:06:46
None. 01:06:50
He said he has to meet it, but that's that's not a hardship. 01:06:53
Right. 01:06:56
Are the projects harmful in any way to the public's interest? 01:07:01
Yes, if the water don't drain right. 01:07:08
Does the board have sufficient? 01:07:32
Information to make the decision on this request. 01:07:34
Yes. 01:07:39
Yes. 01:07:42
Does the Board believe the appellants variance request to the maximum? 01:07:44
Impervious surfaces provision of the ordinance meet the criteria that is necessary in order to grant the area variance requests. 01:07:47
This is the next one. 01:07:51
They should have had them under something. 01:07:55
No. 01:07:58
No. All right, if the board can make findings. 01:08:03
Necessary in order to grant the variance. 01:08:07
Requests in this case are any conditions of approval necessary? 01:08:10
Case to mitigate any potential adverse impacts. 01:08:13
That result from this project. 01:08:17
I think establishment restoration of veget. 01:08:21
Say it again. 01:08:25
Medication you're establishing a restoration of. 01:08:26
Right. 01:08:29
Mitch and a survey is done. Well, the survey has been done, so I don't. 01:08:30
Well, I think they need a new survey. 01:08:33
If it's ten years old or older. 01:08:35
The neighborhood went on recently. 01:08:40
Yeah, OK. 01:08:43
That should be good enough. 01:08:45
And they've agreed that it's. 01:08:47
One to three inches, so. 01:08:49
And he's agreed to take that off so. 01:08:51
I think that one is necessary. 01:08:54
So now is this. 01:08:57
Where we put in that he puts the drainage in proper or on the other part of it. 01:08:58
I think either way either either as long as it's in the decision. 01:09:04
Ma'am, we can't. 01:09:13
Take any more information. 01:09:14
Hearings closed. 01:09:17
Say it again. 01:09:20
Yeah, we can put it on this one. OK, so you want. 01:09:22
We want to say that. 01:09:25
Right, whatever he's got to do, it's have to put in a trench drain. 01:09:27
To drain the water to the lake, keep. 01:09:37
The water on his property. 01:09:41
Right you definitely honest property. 01:09:44
We would want something. 01:09:49
An infiltration. 01:09:53
Device of something to. 01:09:55
So it doesn't get to the lake. 01:09:57
OK. 01:10:08
And if properly. 01:10:13
Design that could. 01:10:15
Meet the medication. 01:10:18
Measures. 01:10:20
If he chooses not to. 01:10:21
Remove other impervious surfaces. 01:10:24
In other words. 01:10:32
Staff would work with you to. 01:10:33
Be able to. 01:10:36
Do you have to be something to? 01:10:37
Medicaid the. 01:10:39
Extra to Furbys service to figure out the mitigation. 01:10:40
OK, well, that's. 01:10:45
OK, well, that's something. 01:10:48
To know and learn. 01:10:50
Which is good. It's not a bad thing, right? Thank you. 01:10:52
OK, it's up to you and I'm looking for a motion to approve or deny. 01:10:56
Clarify which ones you got down there, Russell. 01:11:02
Trench drain to keep the water on his property and. 01:11:05
Properly designed. 01:11:09
Yep. And then did you want? 01:11:10
To put the survey and removal. 01:11:12
Of. 01:11:14
The concrete. The concrete. 01:11:16
In there as well. 01:11:18
I thought that was on the next one, isn't it? 01:11:19
I don't think it matters where. 01:11:22
Can place you together. 01:11:24
And we can put that in here too. Then you want to. 01:11:26
Concrete removed. 01:11:29
That's in both of them. It doesn't matter. 01:11:31
When you say the concrete removed is that? 01:11:37
Yes. What's to the property line? 01:11:40
And you can. 01:11:50
Can we ask the other that were against it and whose property is on? 01:11:52
It's their survey. 01:11:55
And what he's proposing is that right with them? I mean, we don't want to. 01:11:57
I don't think it's. 01:12:01
The question if it is, it's your decision to make. 01:12:03
OK, so I added the concrete. 01:12:07
To the property line. 01:12:10
OK. 01:12:12
Is the #2 establishment of a vegetative buffer? I don't know if you want to keep it in there. 01:12:15
Or not, that is. 01:12:20
I think you covered it before with the others. 01:12:24
Right. 01:12:28
That's again your decision to make, but I. 01:12:31
The vegetative buffers that is a. 01:12:36
Is a large ask. 01:12:37
Yeah, there are. 01:12:39
Specific design characteristics for those. 01:12:42
I think. 01:12:45
The wording that you had about. 01:12:54
Drainage and the infiltration device. 01:12:57
Sufficient. 01:13:02
OK. 01:13:05
We're up for a motion. 01:13:07
So I'm looking for a motion to approve, deny, or approve with conditions. 01:13:11
Motion to approve with the conditions mentioned. 01:13:19
Second, should have made in second to. 01:13:24
Approved with the conditions that we listed. 01:13:28
Is there any discussion? 01:13:31
Not all those in favor. Whoops I got take them. Vote the roll call. 01:13:36
Russell. 01:13:42
Yes. 01:13:43
Rodney yes. 01:13:45
Brad yes. 01:13:48
Myself is yes. 01:13:51
So hold up, hold up before we. 01:13:53
So you want to approve? 01:13:55
The variance. 01:13:57
I'm not sure the. 01:14:00
You want to. 01:14:04
So approving the variance, this variance will allow them to exceed the impervious surfaces. 01:14:08
Is that what you meant to do? 01:14:14
You. 01:14:23
We could. 01:14:24
There's some medication, it's hitting red. 01:14:25
Where we said whatever you call it, the drain thing. 01:14:28
Might be better. 01:14:35
Depending on your intentions. 01:14:37
Deny. 01:14:43
Deny this one. 01:14:48
Straight tonight and then. 01:14:50
Approve the next one with these conditions. 01:14:53
Because this. 01:14:58
Approving this one will allow him to. 01:15:00
Exceed the without mitigation. 01:15:04
1.29%. 01:15:08
He might be able to reach that. 01:15:12
With the mitigation or removal? 01:15:15
With the conditions of next. 01:15:19
The next. 01:15:20
Depending on how you want to do that. 01:15:25
It's. It's confusing. You're confused. It's. 01:15:29
It's a hairy one. 01:15:35
1.2. 01:15:39
1.29% is not very much and right? If he's removing some of the cement anyhow, that's going to get him pretty close, right? 01:15:41
If that's fine, but it's your decision. 01:15:50
Again, uh. 01:15:52
Anything. I think we should just. 01:15:53
If it's. 01:15:56
Part of that sense removed. 01:15:57
And you know, it's got that trench drain in it. 01:15:59
Is it? 01:16:03
Drain considered impervious surface. 01:16:04
Or is that? 01:16:08
So. 01:16:13
You could approve. 01:16:14
With conditions. 01:16:15
And. 01:16:18
If that would be sufficient. 01:16:20
If you if it is in your eyes, yes. 01:16:22
Continue with the role. 01:16:30
I don't have to call the roll again, let's just call the roll that to be clarified. 01:16:36
So we're gonna. 01:16:42
Approve it. 01:16:43
The motion was to approve with conditions, right. 01:16:45
Rodney and Brad. 01:16:49
Right first and 2nd. 01:16:51
And then do the. 01:16:53
Motion is to approve with conditions. 01:16:59
Russell. 01:17:03
Yes. 01:17:04
Rodney yes. 01:17:06
Red. 01:17:08
Myself, yes. 01:17:10
So the road is 4 to 0 at. 01:17:11
The variance with conditions passes. 01:17:14
And land use administrators directed to issue land use permit incorporated the decision of the Board. 01:17:18
All right. 01:17:29
Set back to the ordinary. 01:17:32
High watermark. 01:17:34
Conclusions of the law. 01:17:35
Based on the facts. 01:17:37
Presented in the application at. 01:17:38
And at the public hearing, the Board concludes that. 01:17:40
Is the appellant's request. 01:17:43
To Section 6.1 of the county's Shoreland protection ordinance that refers to the set back. 01:17:45
For structures to the ordinary high watermark. 01:17:51
Yes. 01:17:56
Is there physical limitations that? 01:18:05
Is. 01:18:07
Unique to this property and that prevents the appellant from complying with ordinary high watermark set back provisions of the 01:18:08
ordinance. 01:18:12
Yes, yes. 01:18:17
Is the ordinary high watermark set back provisions of the ordinance unnecessary burdensome in this? 01:18:22
Case thereby creating a hardship. 01:18:28
Well, the house is closer. 01:18:31
To begin with, in this driver is so. 01:18:35
Does a parent have other options available to complete? 01:18:59
These projects in compliance with the ordinance. 01:19:02
No, no. 01:19:06
What hardship exists if the variance? 01:19:10
Is denied. 01:19:13
Have use of the driveway. 01:19:31
Needs a different driver, doesn't have a concrete driving. 01:19:33
Entry into the house? A little harder. 01:19:41
That play into it. 01:19:43
With that smack gun entry into the house. 01:19:45
Being harder with that play into it. 01:19:49
Are the projects harmful in any way to the public's interest? 01:19:53
No. Does the board have sufficient information to make a decision on this request? 01:19:58
Yes. Does the Board believe that the Palace Variance requests to the ordinary high watermark set back provisions of the Ordinance 01:20:08
meet the criteria that is necessary in order to grant the area of violence variance? 01:20:14
Quests this. 01:20:20
Yes. 01:20:23
If the more. 01:20:28
If the Board can make findings necessary in order to grant the variance request in this case, are any conditions of approval 01:20:29
necessary in this case to mitigate any potential? 01:20:34
Adverse impacts that result from this project. 01:20:39
Where should we use the same conditions that we? 01:20:44
Put in the other one. 01:20:48
They're already into the. 01:20:49
Decisions so if it's necessary. 01:20:51
Don't know what you do here. 01:20:53
Over tonight. 01:20:55
All right. 01:20:56
OK. 01:20:59
So I'm looking for a motion to approve. 01:21:05
Deny or approve with conditions. 01:21:08
It was a variance to the ordinary high watermark. 01:21:11
I so move to what? 01:21:14
I'm moving. 01:21:16
Seconded. 01:21:18
A move to what? 01:21:20
To approve to approve the condition. 01:21:22
Discussion. 01:21:30
If not. 01:21:38
I'll call for the vote, Russell. 01:21:40
Yes. 01:21:42
Rodney yes. 01:21:44
Brad yes. 01:21:46
And myself, yes. 01:21:47
I have a four to zero votes of. 01:21:50
The motion is passed to approve with conditions. 01:21:53
And Land Use Administrators is directed to issue a land use permit incorporating the decision of the Board. 01:21:57
Now you need to work with staff. 01:22:08
No, Bryce. 01:22:12
The water. 01:22:15
The mitigation? Sure. 01:22:17
And then of course, cut. 01:22:19
Cut the cement. 01:22:20
Right, you're just up to the property. Follow up with a. 01:22:22
Decision letter. 01:22:25
OK, that'll give you direction. 01:22:26
OK, right. 01:22:28
Bryce was. 01:22:30
Very. 01:22:32
Informative. 01:22:33
So. 01:22:34
Thank you man. Thank you for your time. 01:22:42
Just one, please, Russell or two? 01:22:48
Just one. 01:22:50
Thank you, gentlemen. 01:23:26
Have a good evening. 01:23:29
Where do you go? 01:23:32
Head years going back. 01:23:38
Can't find my number here. 01:23:42
Campground. 01:23:49
Have a good night. I have a better tomorrow, all right. 01:23:55
Thank you. 01:23:59
Hearing #2. 01:24:06
Notices hereby given any. 01:24:08
Public hearing will be held by the Dodge County Board of Adjustment on Thursday, September 18th at 7:15 PM. 01:24:10
For shortly thereafter on the first floor. 01:24:16
The Dodge County Administration Building, Juneau, WI. 01:24:19
And the appeal of. 01:24:22
Jeffrey and Julie. 01:24:24
Randall for a variance of the terms of Hwy. setback provisions of the Dodge County Land Use Code. 01:24:26
To allow an accessory structure that would not meet current setbacks. 01:24:32
This request is a variance deception subsection 5, point 2.3. 01:24:37
And table 5.1, dash 1. 01:24:42
Of the Dodge County land use code. 01:24:45
Property Location CSM Volume One, page 191. 01:24:48
Part of the Northwest. 01:24:52
Quarter of the Northeast quarter, Section 23. 01:24:54
Town of Lamira site address being. 01:24:57
In one 0829. 01:25:00
County Road. 01:25:02
A copy of the proposed petition is available for review in the Land, County, Land Resources and Parks Department. 01:25:04
Between the hours of 8:00 AM and 4:30. 01:25:11
Monday through. 01:25:13
All persons interested, they're invited to attend and be heard. 01:25:15
Written comments may be submitted to the Dodge County Land Resources and Parks Department. 01:25:18
At 127 E Oak St. Juneau, WI or by e-mail no later than September 17th, 2025. 01:25:23
Dodge County Board of Adjustment by Williamness. 01:25:31
Chairman. 01:25:33
Has jurisdiction over the site is the town of Lomira has adopted the Counties land use code. 01:25:42
Subsection 2.3. 01:25:50
.2 through 2. 01:25:52
3.12 point. 01:25:53
Key of the Dodge County land use code. 01:25:54
Details procedural matters and the approval criteria of the variance process. 01:25:57
The board shall hold a public hearing on each variance application and the following. 01:26:01
Public hearing. 01:26:06
Act to approve, approve with conditions or deny the variance. 01:26:07
Based on the approval criteria in section 2.3, point 12, point E. 01:26:11
Council request the application for a variance request. 01:26:16
Was submitted by the applicant. 01:26:19
On August 13th, 2025 to allow construction of an accessory structure that does not meet the. 01:26:21
I respect back provisions of the Dodge County Land Use code. 01:26:27
As proposed, the accessory structure. 01:26:31
Would be 88 feet from the center line and 55 feet from the right of way. 01:26:33
Mine, both of which. 01:26:38
Are 12 feet within the required setbacks? 01:26:40
Thus prohibited by the code. These are requests to. 01:26:43
For variances. 01:26:46
To such subsection. 01:26:47
Five point 2.3 and table 5.1 dash one of the Dodge conference land use code. 01:26:49
The county has jurisdiction over the site as the Town of the Meyer has adopted the county's land use code. 01:26:55
The property is presently being used for single family residential use. 01:26:59
Physical features of the two acre lot include. 01:27:04
Generally, sloping topography is slopes ranging. 01:27:07
2 to 6%. 01:27:10
The parcel contains a single family residence and a small wooded area. 01:27:11
The general character of the surrounding land use consists of agricultural fields. 01:27:16
We're supporting single family residences to the North and South. 01:27:21
The scattered commercial establishments to the West. 01:27:25
The village of Lomira. 01:27:28
Less than 1/4 mile to the West. 01:27:30
Principal structure on the. 01:27:36
Parcel meets both center line and road right away setbacks County Road H. 01:27:37
On August 11th, an application for a county land use permit was made by the appellant. 01:27:42
In order they be allowed to construct the 24. 01:27:47
Put my 24 foot. 01:27:50
Detached Garage. The permit was denied with the County Land Use Administrator for the following reasons. 01:27:52
Subsection 5, point 2.3 and Table 5.1 dash one of the Dodge County land use code. Refer to the required. 01:27:57
Minimum set back distances for structures. 01:28:03
The parcel in question lies to the West of County Road H, less than 1/4 mile South in the intersection of State Road 67. 01:28:06
County Road H is classified as a county highway, which requires a minimum set back of 100 feet from the center line and 67 feet 01:28:14
from the right of way. 01:28:18
If proposed, details. 01:28:23
Garage will be will lie 88 feet from the center line. 01:28:25
And 55 feet from the road, right away, the proposed structure. 01:28:28
Will be both 12 feet. 01:28:32
Closer. 01:28:34
Then allowed for both center line and road right away. Setbacks as. 01:28:35
A law by the Dodge County Land Use Code and therefore prohibited. 01:28:39
Staff notes that the other locations on site. 01:28:44
Would be available for a detached garage. 01:28:47
That comply with the highway set back provisions of the Land Use Code. 01:28:51
No response from the Township county. 01:28:56
What's that? It's a county highway. There's a county they did not know. 01:29:00
Thank you. Requesting an area variance to subsection 5 point 2.3 and table 5.1 dash one of the Dodge County land use code. 01:29:04
The highway set back. 01:29:13
Provisions of the Dodge County Land Use Code provide promote a variety of public. 01:29:15
Purpose such as providing. 01:29:21
For light and air Fire Protection, Traffic Safety prevention. 01:29:23
Of overcrowding, solving drainage problems. 01:29:27
Protecting the appearance and character. 01:29:29
Of the neighborhood. 01:29:32
Conserving property values. The highway. 01:29:34
Set back provisions also provide for a uniform set back for all structures along roads. 01:29:36
Within the county in order they. 01:29:41
To provide. 01:29:43
Safe visibility while entering or exiting the site. 01:29:44
And to save taxpayers. 01:29:47
Of the. 01:29:49
Dodge County from purchasing non conforming structures. 01:29:50
Located within the highway set back lines. 01:29:54
When those structures need to be removed for highway? 01:29:56
The improvement projects. 01:29:58
Staff Advisory. 01:30:02
Staff believes the appellant is requesting an area variance. 01:30:04
Subsection 5, point 2.3 and table 5.1 dash one of the Dodge County land use code. 01:30:08
Staff points out that the board of just. 01:30:14
Does not have summary powers, you know. 01:30:16
Summary Power to ignore the ordinance provisions. 01:30:19
Or objectives the burden. 01:30:22
Also falls on the appellate. 01:30:23
To convince them they demonstrate. 01:30:25
Through this board. 01:30:26
That literal enforcement of the. 01:30:28
Dodge County land use code regulations. 01:30:30
Result in unnecessary hardship. 01:30:32
And that hardship is due to. 01:30:34
Special conditions. 01:30:36
Unique to the property, and if granted, the variance would not. 01:30:38
Be contrary to public interest. 01:30:41
The board should. 01:30:43
Determine if the highway set back provisions of the. 01:30:44
Code are unnecessarily burdensome in this case. 01:30:47
The board should also consider. 01:30:51
The cost of the town. 01:30:53
And the public for having purchased structures in the future. 01:30:54
If this structure would need to be removed for. 01:30:59
How we improvement or relocation projects? 01:31:02
It's the staff position that the board will be unable to make the findings. 01:31:05
Necessary to normally grant a variance, in this case. 01:31:09
Therefore, the variance request should be denied. 01:31:13
Subsection 2.3, Point 12, point 8.7 of the Dodge County Land Use Code. 01:31:16
A variance may not be granted where the primary reason. 01:31:21
For obtaining a variance. 01:31:24
Is to obtain a more profitable use of the property. 01:31:26
Personal inconvenience Construction error. 01:31:29
Or economic gain. 01:31:31
Self created hardship. 01:31:33
Or where the property is present. 01:31:35
The a non conforming use. 01:31:37
If the board can make. 01:31:39
The findings that are necessary in order to grant. 01:31:41
A variance. In this case, the staff recommends that the following conditions. 01:31:44
Of approval in order to save the taxpayers the cost of having to purchase. 01:31:48
This non conforming structure in the future if this structure needs to be removed for Hwy. improvement. 01:31:52
Relocation projects. 01:31:58
A variance agreement shall be recorded with registered deeds in Northern in the amount. 01:32:00
The value of a garage. 01:32:04
Prior to the issuance of variance. 01:32:06
Would the appellant please step forward? 01:32:11
Good evening. Get on. 01:32:18
Your name, please. I'm Jeffrey Lee Rindal. 01:32:19
Thank you. 01:32:25
Embassy, we don't need him standing, no. 01:32:27
Is there any punishing you? 01:32:31
Any information regarding your request that you would like to add? 01:32:33
To the record at this time. 01:32:36
Yes, please. 01:32:37
First of all, thank you for hearing my request. 01:32:38
I appreciate your time this evening. 01:32:41
I resided to that location for the past 50-6 years. 01:32:43
And in looking at the property. 01:32:46
There is a back shed that my father constructed before 1974, which has kind of been the storage part. 01:32:48
For whatever we've used in equipment in our yard. 01:32:53
That building is failing is going to have to be removed. 01:32:56
My wife and I feel that the most logical spot. 01:32:59
Would be to build erect a garage 24 by 24 on our existing driveway. There's a drive and there's a backup pad that goes backwards. 01:33:02
We said about the task of applying for a land use permit and we quickly realized that it did not conform to the set back 01:33:11
regulation of 100 feet. It is 88 feet. I can't deny that obviously. 01:33:16
We feel that. 01:33:22
We got a lot of really good advice from the land use department about. 01:33:24
What's involved in a permit and what's involved in a variance if you have to get it? 01:33:28
We looked into ways to move the structure 12 feet to the West. 01:33:32
Logically, that would be the most keep sensible thing to do. 01:33:35
We learned from. 01:33:39
A landscaping quote, it would take 12 to $15,000 worth of dirt and gravel. 01:33:41
And another 6 to $10,000 to build another. 01:33:46
Cement pad to put it on, you know. 01:33:48
Next to where we had intended to do it. 01:33:50
So we feel this. 01:33:53
Is an undue financial hardship upon us? 01:33:54
I believe you have to have a three-point proof. 01:33:58
That the state Supreme Court and the Legislature provide for. 01:34:00
We feel that wanting to take care of our property store machinery properly is is an acceptable. 01:34:04
Use of our property. 01:34:09
We feel that other. 01:34:11
There's a possibility you look at the North End of our property. 01:34:12
You're like, well what? Why can't you just build a garage on an? 01:34:15
You know, an unused space that has no buildings. 01:34:18
We have determined this week would require us not only to have a new foundation and pad, we'd have to build a new driveway with a 01:34:21
new culvert with a new access point to the road and that would probably be in excess of 30 to $40,000 and we. 01:34:27
Really can't afford to do that. Plus probably about $10,000 removing trees. 01:34:33
As far as public interests. 01:34:37
We have no direct neighbors on our property lines. We do have people living, of course, to our north and to our S about a half 01:34:40
mile or so. 01:34:43
This structure was the. The structure we proposed is designed to be not lit on the outside as small as possible, and its style 01:34:46
will be in keeping with the property itself. 01:34:51
Honestly, my truck is parked there all the time so I don't even know if people will notice something has changed all that much. 01:34:57
So, gentlemen, I I, I. 01:35:02
I simply hope that you will. 01:35:06
Hear my cause, and that you will. 01:35:07
Agree that a variance can be granted and I appreciate your time. 01:35:09
Thank you. 01:35:13
No, I see there's no one on it, but I have to ask these questions. I understand. 01:35:15
Is there anyone in attendance that I would like to speak in favor of this various request? 01:35:20
Is there anyone in the audience that would like to speak in favor of this variance request? 01:35:25
Is there anyone in the audience that would like to speak in favor of this variance request? 01:35:32
Anyone in the audience that would like to speak in opposition to this variance request before the board? 01:35:37
Is there anyone in the audience that would like to speak in opposition? 01:35:44
To this variance request. 01:35:47
Is there anyone any other? 01:35:50
Audience that would like to speak in opposition to this variance request. 01:35:51
Do we have any written? 01:35:55
I have not. 01:35:56
Yeah. Does the board have any questions of the? 01:35:58
No. Oh, I did forget to add. 01:36:04
We also believe that this variance of 12 feet would not pose a danger to. 01:36:08
Passing traffic, it wouldn't be something that would draw attention. We don't feel that it would cause. 01:36:13
A difficulty for anyone so. 01:36:17
So. 01:36:20
Any questions from the board? No. 01:36:23
No. 01:36:25
Would the appellant like to make a final statement for the record? I would. 01:36:28
I would just simply like to thank the land use department and in particular Mr. Gregor Wilms. He was very helpful and very 01:36:33
professional and informed us about the steps that we would have to take to make this happen. And on a personal note, I teach U.S. 01:36:38
history at Lemire High School and today we started talking about the Northwest Ordinance. So hearing our address described as the 01:36:43
northwest quarter of the South is is. 01:36:48
Kind of puts a smile on my face, so I do appreciate that formality. 01:36:53
OK, then I. 01:37:01
Prepared to close the. 01:37:05
Public hearing portion of this. 01:37:06
Hearing and go to the conclusions of the law. 01:37:08
Based on the facts presented in the application and at the public hearing, the Board concludes that. 01:37:12
Is appellant requests. 01:37:17
To subsection 5 point. 01:37:19
2.3 and table. 01:37:22
5.1 dash one of the Dodge County land use code that. 01:37:25
Refers to the set back. 01:37:29
For public rows. 01:37:31
Yes. 01:37:34
Is there physical limitations? 01:37:36
That is unique to this property that prevents the appellant from complying with. 01:37:38
The highway set back. 01:37:42
Provisions of the ordinance. 01:37:44
Unfortunately, no one. Not Technically not. 01:37:47
Our highway set back provisions of the ordinance unnecessarily burdensome in this case. 01:37:52
Thereby creating a hardship. 01:37:57
It would be yes if. 01:38:03
We deny it because they would get. 01:38:07
Right. 01:38:10
So what are we putting down? Yes or no? 01:38:12
I would say no because. 01:38:19
That is not going to be a road that's going to be made over. 01:38:21
Right, 41 getting extended to it so. 01:38:25
And we heard nothing from the county. 01:38:34
Either, if that. 01:38:36
Was an issue so. 01:38:38
Does the parent have other options available to complete this project in compliance with the ordinance? 01:38:48
Yes, yes, but not. 01:38:54
Doesn't. 01:38:58
Doesn't meet what he wants. 01:39:04
What he can't afford. 01:39:08
What hardship is if the various is denied? 01:39:21
Going to cost them more money, but that doesn't count as a hardship. 01:39:25
Is this project harmful in any way to the public's interest? 01:39:34
I would say no, no, no. 01:39:37
Does the board have sufficient information to make a decision on this request? Yes. 01:39:40
Does the Board believe that the appellant's various requests to the highway set back provisions of the ordinance meets the 01:39:46
criteria that is necessary? 01:39:49
In order to. 01:39:53
Grant the variance. 01:39:54
Request. 01:39:56
Unfortunately, no one. 01:39:58
No, if the board makes findings necessary. 01:39:59
In order to grant the various requests in this case, are any conditions of approval necessary in this? 01:40:04
Case that to mitigate a potential adverse in. 01:40:10
Packs that result from this proposed development. 01:40:13
It should be that the very. 01:40:18
Is that we won't pay for it if it. 01:40:20
Any others? 01:40:30
I don't think so. 01:40:32
Motion would be in order to approve or. 01:40:38
Approved with conditions are denied the variance the highway set back provisions. 01:40:40
I'll make a motion to approve it. 01:40:46
I'll second. 01:40:50
To what? To approve it? 01:40:51
With the provisions. 01:40:53
Of not paying for it. 01:40:55
If something happened. 01:40:58
Well, we answered no to an awful lot of questions. 01:41:00
I know. 01:41:04
It's kind of a unique situation in a way. 01:41:08
Because it's. 01:41:11
Not that major eroding is 12 foot and. 01:41:13
And I don't. 01:41:17
See any hindrance in there that? 01:41:18
You know that it was going to. 01:41:21
Bother in the future, but. 01:41:23
So. 01:41:27
We're stretching it. 01:41:29
Maybe, but. 01:41:30
As long as nobody's here complaining, and nobody's. 01:41:33
The Township didn't. 01:41:36
Well, I live up in that area and I had three calls from guys who. 01:41:37
We're in favor of him having this were we're not I'm sorry. 01:41:43
What? 01:41:47
Were or were not? I'm sorry I didn't hear you. 01:41:47
3 words were in favor of you. 01:41:50
Not having to worry about it. 01:41:52
Oh, OK. 01:41:55
You know, anymore discussion. 01:41:56
Hearing none. 01:42:00
Rule Russell. 01:42:02
Yes. 01:42:05
And we're making a motion to approve, right? 01:42:07
Rodney made the motion to approve with condition. 01:42:10
Rodney yes. 01:42:16
Brad yes. 01:42:19
And myself. 01:42:21
I'm playing the vote. No way. I'll say yes, there was a majority. 01:42:24
You're going? No, no, I will, yes. 01:42:28
So the vote is for nothing to. 01:42:33
Motion was approved. 01:42:36
To approve with conditions. 01:42:38
Land use administrators directed the issue Land use permit incorporating the decision of the board. 01:42:40
OK, see him go ahead. 01:43:00
Other other business we have one condition for. 01:43:03
October. 01:43:05
We have one petition for October in Rootcon. 01:43:10
That mean we can't be able to make because I got to go to Marine Park for. 01:43:14
Insurance. 01:43:18
Did you say your teacher in the mayor? 01:43:26
Answer. 01:43:28
30 years now. 01:43:30
I've been out of there 55 years. 01:43:33
Would you want Brad to? Has been my experience. Days go slow for years ago fast. 01:43:37
Yes, either him or Larry. Either one. 01:43:42
You're not going to be. I won't be able to make it. 01:43:45
The 9th or the 16th? We don't know about the other two. Well, I could make the 16th, but I won't know what the place looks like, 01:43:48
right? 01:43:51
Because I'm going all the. 01:43:56
I think we're covered with. 01:43:58
They will send you paperwork. 01:44:00
Am I correct that understanding the variance was approved? Yes, with the consideration that there's no payment from the Dodge 01:44:02
County. If something would happen in the future after, there would be a variance agreement sent to you. 01:44:06
And then I'll have to get signed and notarized and recorded at the registered register of deeds, Understood. 01:44:11
Thank you, gentlemen. Have a good night. Yeah. 01:44:17
Next order. My favorite order. 01:44:23
The Germans. 01:44:25
So move. 01:44:28
Second favor say aye. 01:44:29
Aye, opposed Meeting is adjourned. 01:44:32