Meeting: Board of Adjustment Meeting

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Event transcript
	The meeting of the Dodge County Board of Addressment is hereby called to order.	00:00:01
	Roll call Mark Osmer.	00:00:05
	Not here, John Shady Key.	00:00:07
	Russ Scott Key here. Rodney Dressman here.	00:00:09
	Myself here.	00:00:12
	Bishop absent and Brad Coup falls absent.	00:00:14
	Are any county board members that here?	00:00:18
	John, Board member Lamyra.	00:00:21
	Town Chair.	00:00:23
	No, that don't count.	00:00:24
	A quorum is present.	00:00:30
	And staff confirm compliance with open meeting law.	00:00:35
	Can confirm Sir.	00:00:38
	Any changes to the agenda?	00:00:41
	And we'll review the minutes of the November 6th meeting.	00:00:45
	Also move to approve. I'll second.	00:00:50
	Any discussion?	00:00:55
	All in favor say aye.	00:00:57
	Aye.	00:00:58
	Opposed motion is.	00:00:59
	Standoff point Russ is.	00:01:01
	Temporary.	00:01:03
	Secretary for tonight's meeting.	00:01:04
	The staff please read the.	00:01:11
	Hearing procedures for tonight's hearing We are meeting today to hear the requests for modification to the Dodge County Land Use	00:01:13
	Code.	00:01:17
	We have one public hearing tonight and the.	00:01:21
	Procedure for the this hearing.	00:01:23
	Will be as follows. The Chairman of the Board of Adjustment will read the public hearing notice.	00:01:26
	After which, staff member from the Dodge County Land Resources and Parks Department will read a report that has been prepared by	00:01:30
	county staff regarding.	00:01:34
	The request before the board Following the staff report, the appellant and or their agent will be asked to come before the board.	00:01:38
	The pellet will be asked to state their name.	00:01:43
	For the record, and they.	00:01:47
	Present their case to the board or add any additional information to the record.	00:01:49
	Those in attendance wishing to speak in favor or opposition can come before the board and speak.	00:01:54
	If you wish to speak, you will be asked to step up to the microphone.	00:02:00
	Which is located in the center of the room and state your name and address for the record and to state your position regarding the	00:02:03
	request before the board.	00:02:07
	Please address your comments and questions to the Board of Adjustment and not to the appellant.	00:02:11
	You only be allowed to speak once, so please be prepared to present all of your concerns and questions to the board.	00:02:16
	When you speak.	00:02:22
	After those in attendance have spoken, written correspondence.	00:02:23
	That has been received by the board.	00:02:26
	Or which?	00:02:29
	Has been collected by the board during.	00:02:30
	The on site visits.	00:02:32
	Then be read to the record.	00:02:35
	The Board will have an opportunity to ask the appellant any questions. Following the Board's questions, the appellant will be	00:02:37
	allowed to give a final statement for the record.	00:02:41
	After receiving all the testimony, the board will then deliberate and will make a decision to grant grant in part or deny the	00:02:46
	variance.	00:02:50
	Request and if approved.	00:02:53
	They may place conditions on the approval.	00:02:55
	If they feel it necessary to address or mitigate any potential adverse impacts.	00:02:58
	The proposal may have on the adjacent properties.	00:03:04
	Or the community.	00:03:07
	If the variance is approved, the staff will be directed to issue.	00:03:08
	Land use.	00:03:11
	Permit incorporating those conditions.	00:03:12
	And approved by the board.	00:03:15
	Any persons.	00:03:17
	Person or persons agreed by any decisions of the Board of adjustment. We present the 2A court of record. A petition duly verified.	00:03:18
	Setting forth such.	00:03:27
	Decision is illegal.	00:03:28
	And specifying the grounds of the illegality.	00:03:30
	Such petitions shall be presented to the Circuit Court of this county within 30 days.	00:03:33
	After the filing of the decision.	00:03:37
	In the Office of the Board of Adjustment.	00:03:40
	The county assumes no liability and makes no warranty as to the reliance on any decision if the construction is commenced prior to	00:03:42
	the expiration.	00:03:47
	Date of this 30 day period.	00:03:52
	If during this meeting, procedural questions.	00:03:54
	Or other points of order arise the final decision.	00:03:57
	Of this board may be postponed until more information is gathered.	00:04:00
	Considered and properly acted upon.	00:04:04
	Thank you, Andy.	00:04:14
	NOTICES hereby giving that a public hearing will be held by the Dodge County Board of Addressment.	00:04:17
	On Thursday, November 13th, 2025 at 7:00 PM or shortly thereafter.	00:04:22
	On the first floor of the Dodge County Administration Building, Juneau, WI.	00:04:27
	And the appeal of Burt Busch Key.	00:04:31
	For a variance to the terms of the lot with provisions.	00:04:34
	For the Dodge County land use code.	00:04:37
	To allow the creation of a lot that does not meet that.	00:04:39
	Minimum width at the building set back line.	00:04:43
	Lots not served by public sewer are required to be.	00:04:47
	125 feet in width.	00:04:50
	Well, the proposed lot is.	00:04:52
	To be 40 feet in width.	00:04:54
	That's prohibited by the code.	00:04:56
	This request is.	00:04:58
	A variance to the subsection 7.3.2.	00:05:00
	Of the Dodge County land use code.	00:05:04
	Property location lot 2 CM.	00:05:07
	6389 in.	00:05:10
	The 43 P 150 being.	00:05:13
	Point of Northeast quarter of Northwest quarter of Section 32.	00:05:17
	Tone of Lamira, Dodge County, Wisconsin.	00:05:21
	Location being a N Blue Mound Rd.	00:05:24
	A copy of the proposed petition is available for review.	00:05:29
	In the county Land Resources and Parks Department.	00:05:32
	Between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:05:35
	All persons interested are invited to attend and be heard.	00:05:39
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:42
	At 127 E Oak Street Journal, Wisconsin or by e-mail no later than November 12th, 2025.	00:05:48
	Dodge County Board of Adjustment by William Knox, chairman.	00:05:55
	Annie, would you give the staff report at this early?	00:06:02
	County Jurisdiction County has land jurisdiction over this land division. Jurisdiction over This site is the subdivision.	00:06:06
	Provisions of the Dodge County Land Use Code.	00:06:14
	Our countrywide, except for those lands within the incorporated municipalities.	00:06:16
	Subsections 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code details procedural matters and the	00:06:21
	approval criteria for the variance process. The board should hold a public hearing on each variance application and.	00:06:29
	Following the Public Hearing Act to approve approval conditions or deny the variance.	00:06:38
	Based upon the approval criteria of section.	00:06:43
	2.3 point 12 point E.	00:06:46
	The appellant's request.	00:06:48
	An application for a variance.	00:06:50
	Request was submitted by the applicant on September 15th, 2025 to the terms of the lot with provisions of the Dodge County Land	00:06:52
	Use Code to allow the creation of a lot that does not meet the minimum lot width.	00:06:59
	At the set building set back line.	00:07:05
	Lots not served by public sewer are required to be.	00:07:08
	125 feet in width, while the proposed lot is to be 40 feet in width.	00:07:13
	Thus prohibited by the code.	00:07:17
	This request is a variance to subsection 7.3, point two of the Dodge County Land Use Code.	00:07:19
	This application was denied by the.	00:07:26
	County Land Use Administrator for the following reason.	00:07:28
	7.3.2.	00:07:32
	Area, area and dimensions. Area and dimensions of lots shall conform.	00:07:34
	To the requirements of the underlying zoning district.	00:07:40
	In an areas not served by sewer shell in addition conform to the requirements.	00:07:43
	Of the State Department of Commerce.	00:07:49
	In areas where county zoning is not enforced.	00:07:51
	The minimum lot size for.	00:07:54
	For lots not served by public sewer shall be 40,000 square feet.	00:07:56
	Square feeding excluding street right away.	00:08:02
	With 125 feet.	00:08:06
	Of width at the building set back line.	00:08:08
	And for lots served by the public sewer, 10,000 square feet.	00:08:10
	Excluding street right of ways.	00:08:14
	And with an 80 feet width.	00:08:17
	At the building set back line, the appellant is requesting an area variance.	00:08:19
	To section 7.3, point two of the code.	00:08:24
	Features The county has jurisdiction over the site of the Town of Lamira, has adopted the county's land use code, and the county	00:08:30
	has jurisdiction over all land divisions.	00:08:34
	Through Dodge County.	00:08:39
	Through the Dodge County Subdivision ordinance.	00:08:41
	Staff points out the property is currently zoned within the A2 general Agricultural zoning district.	00:08:43
	The property is presently being.	00:08:49
	Use for recreational wetland woodland purposes and has no residential structures.	00:08:51
	The physical features of this.	00:08:56
	Approximate 16.726 acre lot include.	00:08:57
	Moderately sloping topography with slopes ranging from zero to 20%.	00:09:02
	The general character of the surrounding land use consists of agricultural fields, small Woodlands and supporting single family	00:09:07
	residences.	00:09:10
	It is not it designated archaeological site.	00:09:15
	The property does not include any non conforming structures.	00:09:19
	Structures or use.	00:09:23
	The property has not been subjected.	00:09:25
	To a.	00:09:27
	Prior appeal or variance.	00:09:29
	We did not.	00:09:32
	Received recommendation from the Township.	00:09:33
	The purpose of the subdivision ordinance purpose statement The purpose of the subdivision or.	00:09:38
	Subdivision provisions of the land use Code is to regulate and control the division of land.	00:09:43
	In Dodge County in order to promote public health, safety, morals.	00:09:48
	Prosperity, aesthetics, and general welfare of the county.	00:09:53
	It is the specific intent of this subdivision provisions.	00:09:57
	To regulate the divisions of land.	00:10:01
	So as to obtain.	00:10:03
	A wise use conservation, protection and proper development of the county's soil, water, wetland.	00:10:04
	Woodland and wildlife resources and attain a.	00:10:11
	Proper adjustment of land use.	00:10:14
	And development to the supporting and sustaining natural resource base.	00:10:17
	Staff advisory staff believes that the.	00:10:22
	Appellant is requesting an area variance to subsection 7.3, point two of the Dodge County Land Use Code.	00:10:25
	Staff points out that the board does not have summary powers to ignore.	00:10:31
	Ordinance, provisions or objectives.	00:10:35
	The burden also falls upon the appellant to convincingly demonstrate.	00:10:38
	To the board, the literal enforcement of the Dodge County.	00:10:41
	Land use code regulations would result in unnecessary hardship.	00:10:44
	The hardship is due to special conditions.	00:10:49
	Unique to the property, and if granted, the variance would not be contrary to the public interest.	00:10:51
	It's a staff position.	00:10:56
	That the board will be unable to make the findings.	00:10:58
	Necessary in order to grant a variance in this case.	00:11:01
	And therefore the variance request should be denied.	00:11:04
	Thank you, Andy.	00:11:10
	Would you, felon, please step forward?	00:11:13
	Please state your name for the record.	00:11:35
	My name is.	00:11:38
	Kayla, not Hoff.	00:11:39
	Hey, my name is Burt Bush Key on the actual property owner. She's the applicant.	00:11:41
	Thank you.	00:11:46
	Is there any information regarding your request that you would like to add to the record at this time?	00:11:47
	Yes, there is a.	00:11:53
	I wanted to touch on a few different notes. The 1 is a unique property conditions which I think we've already covered.	00:11:56
	Having the 165 feet of Rd. frontage.	00:12:04
	But I really wanted to touch on today's unnecessary hardship and the no harm to public interest.	00:12:09
	For unnecessary hardship.	00:12:14
	This land is something that has been in our family for quite some time and it is something that we.	00:12:17
	That is very special to our family.	00:12:24
	So being able to parcel this off so that we would have the ability to build on it while still maintaining its original use of the	00:12:26
	agriculture.	00:12:30
	And other 4.	00:12:34
	14 acres.	00:12:37
	Is something that.	00:12:38
	We this would give us an opportunity to build a house for our family. Umm.	00:12:40
	We had moved out to California two years ago. I had a job with the the government and moved out there and moving back here hoping	00:12:45
	to build realizing that two or three acres is.	00:12:51
	150 two $100,000 to be able to build and that's just unreal.	00:12:57
	Unrealistic for most people, US included.	00:13:02
	And obviously that doesn't even cover the house. So being able to have this opportunity to build at the land would be our only	00:13:05
	opportunity to build a home, especially for myself and for my family.	00:13:11
	We have, we have two little boys that it's really important for us to be able to raise and we want to.	00:13:18
	Raise them in the place where we can have like a homestead, we can live off the land, all the things that it seems like.	00:13:23
	And.	00:13:30
	Having the respect and responsibility for soil.	00:13:31
	Health, all the things that it seems like the county is aligned with.	00:13:34
	On top of that, another hard, unnecessary hardship would be not only the inability to for us to afford land to build, but.	00:13:39
	Also, we do own a farm that is.	00:13:47
	Run under the USDA and the Farm Service Administration. We are registered with both of them.	00:13:50
	We've had this farm running for.	00:13:56
	6:00-ish years and our only bearer right now is that we are run out of space. We have less than an acre of land right now that we	00:13:59
	are using from family.	00:14:03
	That is not.	00:14:08
	Not working to grow our business anymore, so going out to this land would allow us to expand our business and.	00:14:10
	Going back to the financial hardship, what?	00:14:17
	Allow us to have more income for for our family to sustain our family as well.	00:14:19
	So as.	00:14:30
	So I feel for those reasons that would cover the unnecessary hardship for the financial reasons of being able to actually build	00:14:31
	and then for our business that we.	00:14:36
	Are very passionate about as well.	00:14:41
	Going to the no harm to public interest this.	00:14:44
	Driveway.	00:14:47
	Are the driveway would.	00:14:48
	Go in the area where there's slower moving traffic.	00:14:53
	It would go off the driveway that's already there. We are not requesting any kind of additional public infrastructure, public road	00:14:56
	or services.	00:15:00
	It would be no financial or Township hard.	00:15:05
	As well as.	00:15:11
	No, no harm to the public interest we feel.	00:15:13
	Are building a house there a modest home for our family would actually contribute to the.	00:15:16
	The by paying taxes contribute to the the town and.	00:15:21
	Be able to put more money into the town by paying.	00:15:25
	Taxes for the home.	00:15:29
	Umm, and.	00:15:32
	I think those are the the main.	00:15:38
	The main points that.	00:15:41
	That I wanted.	00:15:43
	That I wanted to.	00:15:46
	To touch on.	00:15:48
	We believe also that the county's long term planning goals of.	00:15:51
	Like Sawyer Health, Responsible Land Stewardship, all aligned with our.	00:15:56
	With our farm and the way that we want to continue to run things as we focus on regenerative agriculture.	00:16:00
	Having respect for the land and.	00:16:07
	Proper use of the land.	00:16:10
	So with that.	00:16:12
	That.	00:16:14
	That is everything. That is everything for me.	00:16:15
	Thank you and my task in this project was.	00:16:19
	Just to go around.	00:16:23
	Basically, the county, I don't think we're setting precedents here in the fact that.	00:16:24
	Just in the block.	00:16:28
	That that's I was able to come up with.	00:16:30
	Two parcels of land.	00:16:33
	That have less than 125 feet now.	00:16:35
	The one that's glaring is just on the road at.	00:16:39
	W 2296 Farmersville Rd.	00:16:45
	That property.	00:16:49
	It goes just like ours, it goes back, widens out, and it's Tom Orman's property.	00:16:50
	And he doesn't have 125 feet. There's one over off a why?	00:16:56
	That has 33 feet of frontage.	00:17:00
	I own land in.	00:17:03
	Town of what? Village of Kikoski, as I was called now.	00:17:05
	Where my neighbor's property has 33 front of.	00:17:08
	33 feet of frontage on Dunn Rd.	00:17:12
	So I don't think we're setting precedents here in any means by granting us this 40 foot.	00:17:15
	Parcel.	00:17:21
	The one that really glared out to me when I was doing the research is the Clear Creek Cattle Company down in 33 that was just	00:17:22
	approved in February of this year and I think by the same board where there.	00:17:27
	There's 100 foot of frontage that was approved.	00:17:33
	On Hwy. 33.	00:17:37
	Which to me?	00:17:39
	This coming out on the corner of Farmersville Rd. in Dunn Rd.	00:17:40
	Has way more.	00:17:44
	Serving a public interest, then.	00:17:46
	A parcel of land coming out to the.	00:17:48
	That's highway of Hwy. 33.	00:17:50
	We all know if Hwy. 33 and accidents.	00:17:52
	And there was a parcel created there.	00:17:55
	In February.	00:17:57
	With less than 125 feet of frontage.	00:17:58
	So for those reasons.	00:18:01
	I feel that this is.	00:18:03
	Common sense.	00:18:04
	Adding to the tax base.	00:18:06
	And I feel that.	00:18:08
	The board should grant us.	00:18:09
	This variance.	00:18:11
	Any questions?	00:18:14
	There anyone in attendance that would like to speak in favor of this variance request?	00:18:18
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:18:26
	Dollars asked three times. Just so you know.	00:18:36
	Is there anyone in?	00:18:39
	In the audience that would like to speak in favors request, yes.	00:18:40
	State your name please, Emmanuel, not off.	00:18:45
	Emmanuel non off.	00:18:48
	And you're in favor.	00:18:51
	Anyone else that would like to speak in favor of this request?	00:18:57
	Is there anyone in the audience that would like to speak in opposition to this requirements request?	00:19:00
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:19:08
	Is there anyone in the audience that would like to speak in?	00:19:16
	Opposition to this variance request.	00:19:18
	Is there any staff? Is there any written correspondence? There is one.	00:19:22
	Duane Tedding wrote in that he it was in opposition. He said we should stay with subsection 7.3, point two of the Dodge County	00:19:27
	Land Use Code.	00:19:31
	That was it.	00:19:37
	You know, is he a neighbor or something?	00:19:41
	And 10095 N Blue Mound Rd.	00:19:45
	Fabian neighborhood North.	00:19:49
	Does the board have any questions of the appellant?	00:19:55
	Yeah, I, I.	00:19:59
	You could build one house on this entire parcel as it is now without.	00:20:01
	Doing a land division. Am I correct?	00:20:05
	Correct, but I couldn't keep.	00:20:08
	Possession like you could, you could build a part on there.	00:20:10
	And I believe so, yeah, yes, I mean, I, I've expressed my opposition before to.	00:20:13
	I'm more against shared driveways than I am against.	00:20:20
	You know.	00:20:23
	You know you're going to have 125 foot on your new lot.	00:20:25
	But I mean the main reason for putting 125 foot.	00:20:28
	At the road right away.	00:20:32
	Is so you have room enough to cut in the driveway. Obviously you have no intention of cutting in the driveway, so.	00:20:33
	I this is kind of a convoluted.	00:20:39
	Thank man. Can I ask you a question you.	00:20:42
	Talked about.	00:20:45
	You wanted to do this to.	00:20:47
	Profit your business. I mean, what kind of business are you going to run on this?	00:20:49
	This small lot that that's going to be profitable to you or what?	00:20:54
	Yeah. So right now we have, we have a business, it's a hunt farm and we've had it since.	00:20:58
	2019.	00:21:04
	And it is a.	00:21:06
	Farm under like the USDA that we that we work with that were registered under. So right now we have less than.	00:21:08
	Less than an acre, less than 1/4, yeah, less than 1/4 acre to be able to run our business off of and be having this. I mean even	00:21:15
	using like an acre would be.	00:21:20
	Four times what we have.	00:21:26
	So to give us a lot of opportunity to be able to continue to grow it.	00:21:28
	And just I.	00:21:32
	I just don't understand the map clearly.	00:21:34
	You know, uh.	00:21:37
	Your your line.	00:21:37
	It's pretty straight there.	00:21:40
	Who owns that little?	00:21:42
	The I mean.	00:21:44
	It's it looks like there's a driveway coming off from the farm across the road there. Yeah, that's what I mean, probably right of	00:21:45
	way.	00:21:49
	Correct, so the right away line is quite a bit back to the.	00:21:53
	East there it shows up on accounting.	00:21:56
	Probably just squares off back here, Yeah, because what I was always told is that was intended to be a 90° corner.	00:22:00
	When it was.	00:22:07
	Plat it, sure.	00:22:09
	And and.	00:22:10
	At some time they decided to curve it, but the right away still goes straight. So our property abuts the right away.	00:22:12
	So technically, you'd actually have.	00:22:18
	3.	00:22:21
	Different people using that same driveway.	00:22:22
	No self and the.	00:22:26
	Person net. Well, yeah, because Tedding goes in there. He has to go.	00:22:28
	I mean his to the north, but his driveway does cross, I mean.	00:22:32
	You don't have actual access.	00:22:37
	I mean his.	00:22:40
	Your access has to go all the way up to Blue Mountain Rd. there on the.	00:22:41
	Right on the flat of the corner. So technically there are three people on that.	00:22:45
	I mean.	00:22:49
	And it's been a split right here, John. There's one coming off here, yeah, But he's got. Yeah. But that's kind of a unique	00:22:50
	situation, that's why.	00:22:54
	You know, I go back to.	00:22:59
	That's what variances are for, because.	00:23:00
	Every square pig does a fitness square hole. You know this property is very unique in the way it's sectioned off.	00:23:03
	And it being on the corner like that I think makes it even.	00:23:08
	A better candidate?	00:23:13
	To split off and put.	00:23:14
	Another house vector.	00:23:15
	And I know at one time the county had.	00:23:18
	A situation where they.	00:23:20
	They kind of required.	00:23:23
	Depth to width.	00:23:26
	I mean this this.	00:23:28
	Even now doesn't fit.	00:23:29
	That requirement for a land split and I mean now at this, we're going to make it.	00:23:32
	You know, make it worse. I mean, there's.	00:23:37
	There's giving more parcels with.	00:23:39
	The depth with not.	00:23:41
	Being required, right?	00:23:42
	Not aware of that. Yeah, there wasn't one. Sometimes I think that's why.	00:23:44
	You know, it goes back to the east there. There's that little jog in there is.	00:23:48
	I think you're something with depth of width. I think at the time, yeah. OK, well, I mean it's, you know, you want your parcel is	00:23:52
	too long and narrow as it is now. I mean that's.	00:23:57
	I don't know if you created it or whatever, but that's.	00:24:01
	You know, but like I said, my I will.	00:24:05
	State my opposition to shared driveways. That's just something I.	00:24:07
	You know.	00:24:11
	That's fine now, and that's exactly why we're doing it, so we don't have a shared driver. She.	00:24:12
	She could, you know, there's enough room in there for her to have her own driveway meet at. That's the main reason why we're doing	00:24:17
	this.	00:24:20
	Is that?	00:24:23
	There's enough room there to have two driveways.	00:24:24
	Let's just say something happens.	00:24:27
	I could still access my parcel, she could still access Airbus.	00:24:29
	She might. So how wide is that strip?	00:24:33
	That kind of runs.	00:24:36
	I should not. I don't.	00:24:39
	Your yours is supposed to be 45 foot wide, right? Right and.	00:24:41
	What what are you talking about? Just go up by the map, the east West, you know on the on the road frontage that's 125 foot.	00:24:45
	Now you're starting versus.	00:24:52
	Yeah, what's what's the width?	00:24:54
	When you this is 40. Yeah, but what is they? What's the width of that?	00:24:56
	You know the only area she'll have to go back to her lot.	00:25:00
	Is in there.	00:25:04
	Is that?	00:25:05
	30 feet wide 25.	00:25:06
	I mean.	00:25:09
	My would be 40.	00:25:11
	It doesn't look like it's that light. I mean I 2 driveways.	00:25:12
	I don't know if you could pull a driveway in there. That's another question I have. I mean.	00:25:16
	Obviously it works fine now that it's father, daughter, that kind of thing, but they look to be very similar in widths.	00:25:20
	His access and her access at that point.	00:25:27
	So I bought 40 feet there too. You would think some were pretty close. OK, I mean it's.	00:25:29
	And my my main point is to get.	00:25:37
	Agriculture equipment back.	00:25:39
	To yet farm.	00:25:41
	The property I have left and not only that.	00:25:44
	The farmer also uses my.	00:25:46
	Access to farm.	00:25:49
	The farm to the South.	00:25:51
	So it doesn't have to go across.	00:25:53
	People's lawns.	00:25:54
	Actually 2 to the South.	00:25:56
	He comes down my right way and goes through my property.	00:25:58
	Ticket back there.	00:26:01
	Which makes common sense.	00:26:02
	I think it all comes down.	00:26:04
	To common sense, I think that this is.	00:26:05
	A common sense thing being on the corner.	00:26:08
	Being a.	00:26:10
	Not conforming parcel.	00:26:12
	And also the unique characteristics of the property.	00:26:14
	Would make it.	00:26:19
	An idea candidate for this variance.	00:26:20
	So she's building the house, is that correct?	00:26:23
	Understand what here it says lot 1 that's what houses 1 you want to build.	00:26:26
	But it's part of the old parcel at this time.	00:26:30
	Any other questions from the board?	00:26:42
	We did.	00:26:46
	Approached town and Lamyra.	00:26:47
	I know that they did not make a recommendation, but.	00:26:49
	They when we came up with this.	00:26:52
	125 by 40.	00:26:54
	They said yeah, we're all in favor, but I'll never get past the county.	00:26:56
	No. And that's very much, you know, when we got denied on.	00:26:59
	Minor land division.	00:27:02
	But they were all in favor at that time. And which?	00:27:04
	Again, common sense why I want to be.	00:27:07
	Tunnel Amira needs as much tax revenue as they can get.	00:27:09
	Any any house you build nowadays.	00:27:14
	What 400,000 minimum?	00:27:17
	That's just all the more tax base for.	00:27:19
	Lamyra.	00:27:21
	No more questions from.	00:27:28
	OK.	00:27:30
	Would the appellant like to make a final statement for the record?	00:27:32
	Yeah, I would. I think just to recap everything that I already said, try not to repeat myself again.	00:27:39
	For you guys, but the.	00:27:47
	The main point is that this is, this is an opportunity that.	00:27:48
	We're just realistically not going to have again, being able to afford land to be able to build.	00:27:53
	It's something we've always wanted to do.	00:27:59
	I've been with my husband for a very long time and it's something we've always talked about doing and.	00:28:02
	This is just finally an opportunity to do so. So it's very.	00:28:06
	Obviously very exciting and just aligns with the way.	00:28:10
	Again, we want to raise our children.	00:28:13
	And.	00:28:17
	Yeah, just being granted this opportunity from my family to be able to purchase land at a reasonable amount.	00:28:20
	So when we talk about the unnecessary hardship that it seems like it was originally one of the main reasons that they didn't	00:28:27
	recommend it applying for. I think the unnecessary hardship goes a little bit more than just not being able to build. It's not	00:28:32
	only the affordability.	00:28:37
	But it's the opportunities for.	00:28:41
	Again, family that we want to have and then.	00:28:44
	The opportunity to grow our.	00:28:46
	To be able to grow our.	00:28:48
	Our business and expanded to maybe it is something that expands for.	00:28:51
	For us and our family, a little bit more.	00:28:56
	And then just touching on, yeah.	00:29:00
	Recap to the no harm to the public interest is.	00:29:02
	My dad stated we did already get the.	00:29:05
	The go ahead or the?	00:29:07
	Informal, I guess approval from when we went to the the.	00:29:09
	Board the the town board meetings I.	00:29:12
	They were in agreement.	00:29:15
	To it.	00:29:17
	And I.	00:29:21
	I think that's.	00:29:23
	That's that's my final statement.	00:29:24
	Thank you.	00:29:27
	I have one more question for you.	00:29:29
	This business, Utah, what is this business? I didn't catch that again. Yeah. So is that Hunt Farm?	00:29:31
	Hemp Farm.	00:29:36
	Yeah. OK. Thank you.	00:29:38
	Yeah.	00:29:40
	Please, I'm going to close the.	00:29:43
	Public testimony of this hearing at this point in the.	00:29:44
	Board will go to the conclusions of the law.	00:29:48
	For us, if you would.	00:29:52
	His parents.	00:29:54
	Request to subsection 7 point.	00:29:56
	3.2 of a subdivision. Provisions of the ordinance that refer to the minimum requirement.	00:29:58
	Requirements for the new lot.	00:30:07
	Yes, yes, yes.	00:30:10
	Is there physical limitation that?	00:30:17
	Is unique to this property that prevents the appellant from complying with the subdivision.	00:30:19
	Provisions of the ordinance.	00:30:24
	Size.	00:30:27
	Well, they only have 165 feet or so. They can't. They can't make 220 fives out of 160 out of.	00:30:30
	100 and 65170, whatever the numbers.	00:30:35
	Yes.	00:30:40
	Are are the subdivision provisions of the ordinance unnecessarily burdensome?	00:30:54
	In this case and thereby creating.	00:30:59
	A hardship.	00:31:01
	I would say yes, the dimensions of the you know.	00:31:03
	That we've just read off on the last number.	00:31:06
	Does the appellant have other options available to complete this project?	00:31:15
	In compliance with.	00:31:19
	The ordinance.	00:31:20
	Yes.	00:31:21
	If they would purchase the entire parcel.	00:31:22
	Not if they want to build a house, you know.	00:31:27
	Right. No, they could build a house.	00:31:28
	They purchased the whole parcel. They can build one house there.	00:31:30
	Without anything.	00:31:33
	What hardship exists if the variance is denied?	00:31:50
	I'm going to be able to create a lot for the house.	00:31:55
	A separate lot for the host. They won't be able to divide subdivide it.	00:31:58
	Is this?	00:32:20
	Is this project harmful in any way to the public's interest?	00:32:21
	No, I don't think so.	00:32:26
	Does the board have sufficient information to make a decision on this request?	00:32:30
	Yes, we have sufficient information.	00:32:36
	We got sufficient information.	00:32:40
	Does the board believe that the appellant's variance request to.	00:32:45
	The subdivision.	00:32:48
	Provisions of the ordinance meets the criteria that is necessary in order to grant the variance requests.	00:32:50
	I would say yes, thank you.	00:33:00
	Let me see.	00:33:06
	If the board can make the findings necessary in order to grant the variance request in this case.	00:33:14
	Any conditions of approval necessary in this case to mitigate any potential?	00:33:19
	Adverse impacts that result.	00:33:24
	From this proposed development project.	00:33:27
	No.	00:33:35
	So it's.	00:33:42
	Up the motion.	00:33:44
	OK, very variance of provision provisions.	00:33:47
	I'm looking for a motion to either approve or deny.	00:33:50
	The variance to the lot with.	00:33:54
	I'll make a motion to approve it.	00:34:00
	I hear a second.	00:34:04
	2nd.	00:34:08
	Motion is made and 2nd to approve right?	00:34:12
	Great, approve any discussion.	00:34:16
	If not, I'll call the vote Rodney.	00:34:22
	Yes.	00:34:24
	Russell yes.	00:34:26
	Mark isn't absent.	00:34:28
	John.	00:34:31
	No.	00:34:31
	And myself, I will go.	00:34:34
	Yes.	00:34:35
	So the vote is.	00:34:38
	3:00 to 1:00.	00:34:40
	In favor of granting the.	00:34:42
	Hearings to the.	00:34:44
	So the based on the above findings, the conclusion of the law and the record of matter.	00:34:47
	The board granted the variance as proposed.	00:34:52
	And the Land Use Administrator is directed to issue a land use permit incorporating the decision of the board.	00:34:55
	You wouldn't be granting a land use.	00:35:03
	In this case, the land division. They got land division asked to be forwarded to the.	00:35:07
	Got a committee first before.	00:35:13
	So.	00:35:15
	Yeah, that's my question.	00:35:16
	So we have to reapply for the land use permit.	00:35:17
	The land division. When we deny something like this and the variance gets granted, we will circle back with that same application	00:35:20
	and and and approve it moving forward.	00:35:25
	So approval from you.	00:35:29
	In the future.	00:35:31
	What's that?	00:35:32
	The land division process, you'll have the certified survey map and all that stuff. You have to go through our office, circle back	00:35:36
	with Gregor. You've been working with him so.	00:35:41
	So for the next step is CSM.	00:35:45
	Just yet. Circle back with Gregor and see where where you're at.	00:35:48
	Well, thank you.	00:35:54
	I appreciate the fact that.	00:35:56
	You guys came out to the site and looked at it.	00:35:59
	I think that that's key.	00:36:01
	To any governmental I don't care what it is.	00:36:02
	You can look at a map all day, but when you come out to the site to look at that.	00:36:06
	Shows you care.	00:36:10
	Thank you. Yes, thank you. Have a good thank you.	00:36:11
	In other other business, we don't have any petitions for December, but we are looking at a review of.	00:36:20
	Passed approved variances for possible ordinance changes.	00:36:27
	And then review of the Board of adjustment responsibilities and procedures. So we'll just do that in the in the business meeting.	00:36:31
	9930 on the Yep Yep.	00:36:39
	9:30 on the 4th.	00:36:43
	Yep, Yep, it's early again in the in the month the 4th.	00:36:45
	Yep. Yeah, the daytime meeting on. Yep.	00:36:49
	No, on the agenda, your Board of adjustment audit findings, you don't have those yet or?	00:36:53
	What's that?	00:36:58
	On this agenda I have it says Board of Adjustment Audit findings.	00:36:59
	There's another item for tonight.	00:37:03
	I do not know.	00:37:06
	No.	00:37:07
	And I guess the motion would be in order to adjourn.	00:37:10
	So move.	00:37:12
	Second, all in favor say aye.	00:37:13
	Meetings adjourned.	00:37:17
	You know, get you to Thoresa.	00:37:18
	Got an airplane for me please. Time Machine.	00:37:20
	Don't hit a deer.	00:37:23
	Yeah, and we are.	00:37:25

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Event transcript
	The meeting of the Dodge County Board of Addressment is hereby called to order.	00:00:01
	Roll call Mark Osmer.	00:00:05
	Not here, John Shady Key.	00:00:07
	Russ Scott Key here. Rodney Dressman here.	00:00:09
	Myself here.	00:00:12
	Bishop absent and Brad Coup falls absent.	00:00:14
	Are any county board members that here?	00:00:18
	John, Board member Lamyra.	00:00:21
	Town Chair.	00:00:23
	No, that don't count.	00:00:24
	A quorum is present.	00:00:30
	And staff confirm compliance with open meeting law.	00:00:35
	Can confirm Sir.	00:00:38
	Any changes to the agenda?	00:00:41
	And we'll review the minutes of the November 6th meeting.	00:00:45
	Also move to approve. I'll second.	00:00:50
	Any discussion?	00:00:55
	All in favor say aye.	00:00:57
	Aye.	00:00:58
	Opposed motion is.	00:00:59
	Standoff point Russ is.	00:01:01
	Temporary.	00:01:03
	Secretary for tonight's meeting.	00:01:04
	The staff please read the.	00:01:11
	Hearing procedures for tonight's hearing We are meeting today to hear the requests for modification to the Dodge County Land Use	00:01:13
	Code.	00:01:17
	We have one public hearing tonight and the.	00:01:21
	Procedure for the this hearing.	00:01:23
	Will be as follows. The Chairman of the Board of Adjustment will read the public hearing notice.	00:01:26
	After which, staff member from the Dodge County Land Resources and Parks Department will read a report that has been prepared by	00:01:30
	county staff regarding.	00:01:34
	The request before the board Following the staff report, the appellant and or their agent will be asked to come before the board.	00:01:38
	The pellet will be asked to state their name.	00:01:43
	For the record, and they.	00:01:47
	Present their case to the board or add any additional information to the record.	00:01:49
	Those in attendance wishing to speak in favor or opposition can come before the board and speak.	00:01:54
	If you wish to speak, you will be asked to step up to the microphone.	00:02:00
	Which is located in the center of the room and state your name and address for the record and to state your position regarding the	00:02:03
	request before the board.	00:02:07
	Please address your comments and questions to the Board of Adjustment and not to the appellant.	00:02:11
	You only be allowed to speak once, so please be prepared to present all of your concerns and questions to the board.	00:02:16
	When you speak.	00:02:22
	After those in attendance have spoken, written correspondence.	00:02:23
	That has been received by the board.	00:02:26
	Or which?	00:02:29
	Has been collected by the board during.	00:02:30
	The on site visits.	00:02:32
	Then be read to the record.	00:02:35
	The Board will have an opportunity to ask the appellant any questions. Following the Board's questions, the appellant will be	00:02:37
	allowed to give a final statement for the record.	00:02:41
	After receiving all the testimony, the board will then deliberate and will make a decision to grant grant in part or deny the	00:02:46
	variance.	00:02:50
	Request and if approved.	00:02:53
	They may place conditions on the approval.	00:02:55
	If they feel it necessary to address or mitigate any potential adverse impacts.	00:02:58
	The proposal may have on the adjacent properties.	00:03:04
	Or the community.	00:03:07
	If the variance is approved, the staff will be directed to issue.	00:03:08
	Land use.	00:03:11
	Permit incorporating those conditions.	00:03:12
	And approved by the board.	00:03:15
	Any persons.	00:03:17
	Person or persons agreed by any decisions of the Board of adjustment. We present the 2A court of record. A petition duly verified.	00:03:18
	Setting forth such.	00:03:27
	Decision is illegal.	00:03:28
	And specifying the grounds of the illegality.	00:03:30
	Such petitions shall be presented to the Circuit Court of this county within 30 days.	00:03:33
	After the filing of the decision.	00:03:37
	In the Office of the Board of Adjustment.	00:03:40
	The county assumes no liability and makes no warranty as to the reliance on any decision if the construction is commenced prior to	00:03:42
	the expiration.	00:03:47
	Date of this 30 day period.	00:03:52
	If during this meeting, procedural questions.	00:03:54
	Or other points of order arise the final decision.	00:03:57
	Of this board may be postponed until more information is gathered.	00:04:00
	Considered and properly acted upon.	00:04:04
	Thank you, Andy.	00:04:14
	NOTICES hereby giving that a public hearing will be held by the Dodge County Board of Addressment.	00:04:17
	On Thursday, November 13th, 2025 at 7:00 PM or shortly thereafter.	00:04:22
	On the first floor of the Dodge County Administration Building, Juneau, WI.	00:04:27
	And the appeal of Burt Busch Key.	00:04:31
	For a variance to the terms of the lot with provisions.	00:04:34
	For the Dodge County land use code.	00:04:37
	To allow the creation of a lot that does not meet that.	00:04:39
	Minimum width at the building set back line.	00:04:43
	Lots not served by public sewer are required to be.	00:04:47
	125 feet in width.	00:04:50
	Well, the proposed lot is.	00:04:52
	To be 40 feet in width.	00:04:54
	That's prohibited by the code.	00:04:56
	This request is.	00:04:58
	A variance to the subsection 7.3.2.	00:05:00
	Of the Dodge County land use code.	00:05:04
	Property location lot 2 CM.	00:05:07
	6389 in.	00:05:10
	The 43 P 150 being.	00:05:13
	Point of Northeast quarter of Northwest quarter of Section 32.	00:05:17
	Tone of Lamira, Dodge County, Wisconsin.	00:05:21
	Location being a N Blue Mound Rd.	00:05:24
	A copy of the proposed petition is available for review.	00:05:29
	In the county Land Resources and Parks Department.	00:05:32
	Between the hours of 8:00 AM and 4:30 PM, Monday through Friday.	00:05:35
	All persons interested are invited to attend and be heard.	00:05:39
	Written comments may be submitted to the Dodge County Land Resources and Parks Department.	00:05:42
	At 127 E Oak Street Journal, Wisconsin or by e-mail no later than November 12th, 2025.	00:05:48
	Dodge County Board of Adjustment by William Knox, chairman.	00:05:55
	Annie, would you give the staff report at this early?	00:06:02
	County Jurisdiction County has land jurisdiction over this land division. Jurisdiction over This site is the subdivision.	00:06:06
	Provisions of the Dodge County Land Use Code.	00:06:14
	Our countrywide, except for those lands within the incorporated municipalities.	00:06:16
	Subsections 2.3, point 12.8 through 2.3 point 12 point G of the Dodge County Land Use Code details procedural matters and the	00:06:21
	approval criteria for the variance process. The board should hold a public hearing on each variance application and.	00:06:29
	Following the Public Hearing Act to approve approval conditions or deny the variance.	00:06:38
	Based upon the approval criteria of section.	00:06:43
	2.3 point 12 point E.	00:06:46
	The appellant's request.	00:06:48
	An application for a variance.	00:06:50
	Request was submitted by the applicant on September 15th, 2025 to the terms of the lot with provisions of the Dodge County Land	00:06:52
	Use Code to allow the creation of a lot that does not meet the minimum lot width.	00:06:59
	At the set building set back line.	00:07:05
	Lots not served by public sewer are required to be.	00:07:08
	125 feet in width, while the proposed lot is to be 40 feet in width.	00:07:13
	Thus prohibited by the code.	00:07:17
	This request is a variance to subsection 7.3, point two of the Dodge County Land Use Code.	00:07:19
	This application was denied by the.	00:07:26
	County Land Use Administrator for the following reason.	00:07:28
	7.3.2.	00:07:32
	Area, area and dimensions. Area and dimensions of lots shall conform.	00:07:34
	To the requirements of the underlying zoning district.	00:07:40
	In an areas not served by sewer shell in addition conform to the requirements.	00:07:43
	Of the State Department of Commerce.	00:07:49
	In areas where county zoning is not enforced.	00:07:51
	The minimum lot size for.	00:07:54
	For lots not served by public sewer shall be 40,000 square feet.	00:07:56
	Square feeding excluding street right away.	00:08:02
	With 125 feet.	00:08:06
	Of width at the building set back line.	00:08:08
	And for lots served by the public sewer, 10,000 square feet.	00:08:10
	Excluding street right of ways.	00:08:14
	And with an 80 feet width.	00:08:17
	At the building set back line, the appellant is requesting an area variance.	00:08:19
	To section 7.3, point two of the code.	00:08:24
	Features The county has jurisdiction over the site of the Town of Lamira, has adopted the county's land use code, and the county	00:08:30
	has jurisdiction over all land divisions.	00:08:34
	Through Dodge County.	00:08:39
	Through the Dodge County Subdivision ordinance.	00:08:41
	Staff points out the property is currently zoned within the A2 general Agricultural zoning district.	00:08:43
	The property is presently being.	00:08:49
	Use for recreational wetland woodland purposes and has no residential structures.	00:08:51
	The physical features of this.	00:08:56
	Approximate 16.726 acre lot include.	00:08:57
	Moderately sloping topography with slopes ranging from zero to 20%.	00:09:02
	The general character of the surrounding land use consists of agricultural fields, small Woodlands and supporting single family	00:09:07
	residences.	00:09:10
	It is not it designated archaeological site.	00:09:15
	The property does not include any non conforming structures.	00:09:19
	Structures or use.	00:09:23
	The property has not been subjected.	00:09:25
	To a.	00:09:27
	Prior appeal or variance.	00:09:29
	We did not.	00:09:32
	Received recommendation from the Township.	00:09:33
	The purpose of the subdivision ordinance purpose statement The purpose of the subdivision or.	00:09:38
	Subdivision provisions of the land use Code is to regulate and control the division of land.	00:09:43
	In Dodge County in order to promote public health, safety, morals.	00:09:48
	Prosperity, aesthetics, and general welfare of the county.	00:09:53
	It is the specific intent of this subdivision provisions.	00:09:57
	To regulate the divisions of land.	00:10:01
	So as to obtain.	00:10:03
	A wise use conservation, protection and proper development of the county's soil, water, wetland.	00:10:04
	Woodland and wildlife resources and attain a.	00:10:11
	Proper adjustment of land use.	00:10:14
	And development to the supporting and sustaining natural resource base.	00:10:17
	Staff advisory staff believes that the.	00:10:22
	Appellant is requesting an area variance to subsection 7.3, point two of the Dodge County Land Use Code.	00:10:25
	Staff points out that the board does not have summary powers to ignore.	00:10:31
	Ordinance, provisions or objectives.	00:10:35
	The burden also falls upon the appellant to convincingly demonstrate.	00:10:38
	To the board, the literal enforcement of the Dodge County.	00:10:41
	Land use code regulations would result in unnecessary hardship.	00:10:44
	The hardship is due to special conditions.	00:10:49
	Unique to the property, and if granted, the variance would not be contrary to the public interest.	00:10:51
	It's a staff position.	00:10:56
	That the board will be unable to make the findings.	00:10:58
	Necessary in order to grant a variance in this case.	00:11:01
	And therefore the variance request should be denied.	00:11:04
	Thank you, Andy.	00:11:10
	Would you, felon, please step forward?	00:11:13
	Please state your name for the record.	00:11:35
	My name is.	00:11:38
	Kayla, not Hoff.	00:11:39
	Hey, my name is Burt Bush Key on the actual property owner. She's the applicant.	00:11:41
	Thank you.	00:11:46
	Is there any information regarding your request that you would like to add to the record at this time?	00:11:47
	Yes, there is a.	00:11:53
	I wanted to touch on a few different notes. The 1 is a unique property conditions which I think we've already covered.	00:11:56
	Having the 165 feet of Rd. frontage.	00:12:04
	But I really wanted to touch on today's unnecessary hardship and the no harm to public interest.	00:12:09
	For unnecessary hardship.	00:12:14
	This land is something that has been in our family for quite some time and it is something that we.	00:12:17
	That is very special to our family.	00:12:24
	So being able to parcel this off so that we would have the ability to build on it while still maintaining its original use of the	00:12:26
	agriculture.	00:12:30
	And other 4.	00:12:34
	14 acres.	00:12:37
	Is something that.	00:12:38
	We this would give us an opportunity to build a house for our family. Umm.	00:12:40
	We had moved out to California two years ago. I had a job with the the government and moved out there and moving back here hoping	00:12:45
	to build realizing that two or three acres is.	00:12:51
	150 two $100,000 to be able to build and that's just unreal.	00:12:57
	Unrealistic for most people, US included.	00:13:02
	And obviously that doesn't even cover the house. So being able to have this opportunity to build at the land would be our only	00:13:05
	opportunity to build a home, especially for myself and for my family.	00:13:11
	We have, we have two little boys that it's really important for us to be able to raise and we want to.	00:13:18
	Raise them in the place where we can have like a homestead, we can live off the land, all the things that it seems like.	00:13:23
	And.	00:13:30
	Having the respect and responsibility for soil.	00:13:31
	Health, all the things that it seems like the county is aligned with.	00:13:34
	On top of that, another hard, unnecessary hardship would be not only the inability to for us to afford land to build, but.	00:13:39
	Also, we do own a farm that is.	00:13:47
	Run under the USDA and the Farm Service Administration. We are registered with both of them.	00:13:50
	We've had this farm running for.	00:13:56
	6:00-ish years and our only bearer right now is that we are run out of space. We have less than an acre of land right now that we	00:13:59
	are using from family.	00:14:03
	That is not.	00:14:08
	Not working to grow our business anymore, so going out to this land would allow us to expand our business and.	00:14:10
	Going back to the financial hardship, what?	00:14:17
	Allow us to have more income for for our family to sustain our family as well.	00:14:19
	So as.	00:14:30
	So I feel for those reasons that would cover the unnecessary hardship for the financial reasons of being able to actually build	00:14:31
	and then for our business that we.	00:14:36
	Are very passionate about as well.	00:14:41
	Going to the no harm to public interest this.	00:14:44
	Driveway.	00:14:47
	Are the driveway would.	00:14:48
	Go in the area where there's slower moving traffic.	00:14:53
	It would go off the driveway that's already there. We are not requesting any kind of additional public infrastructure, public road	00:14:56
	or services.	00:15:00
	It would be no financial or Township hard.	00:15:05
	As well as.	00:15:11
	No, no harm to the public interest we feel.	00:15:13
	Are building a house there a modest home for our family would actually contribute to the.	00:15:16
	The by paying taxes contribute to the the town and.	00:15:21
	Be able to put more money into the town by paying.	00:15:25
	Taxes for the home.	00:15:29
	Umm, and.	00:15:32
	I think those are the the main.	00:15:38
	The main points that.	00:15:41
	That I wanted.	00:15:43
	That I wanted to.	00:15:46
	To touch on.	00:15:48
	We believe also that the county's long term planning goals of.	00:15:51
	Like Sawyer Health, Responsible Land Stewardship, all aligned with our.	00:15:56
	With our farm and the way that we want to continue to run things as we focus on regenerative agriculture.	00:16:00
	Having respect for the land and.	00:16:07
	Proper use of the land.	00:16:10
	So with that.	00:16:12
	That.	00:16:14
	That is everything. That is everything for me.	00:16:15
	Thank you and my task in this project was.	00:16:19
	Just to go around.	00:16:23
	Basically, the county, I don't think we're setting precedents here in the fact that.	00:16:24
	Just in the block.	00:16:28
	That that's I was able to come up with.	00:16:30
	Two parcels of land.	00:16:33
	That have less than 125 feet now.	00:16:35
	The one that's glaring is just on the road at.	00:16:39
	W 2296 Farmersville Rd.	00:16:45
	That property.	00:16:49
	It goes just like ours, it goes back, widens out, and it's Tom Orman's property.	00:16:50
	And he doesn't have 125 feet. There's one over off a why?	00:16:56
	That has 33 feet of frontage.	00:17:00
	I own land in.	00:17:03
	Town of what? Village of Kikoski, as I was called now.	00:17:05
	Where my neighbor's property has 33 front of.	00:17:08
	33 feet of frontage on Dunn Rd.	00:17:12
	So I don't think we're setting precedents here in any means by granting us this 40 foot.	00:17:15
	Parcel.	00:17:21
	The one that really glared out to me when I was doing the research is the Clear Creek Cattle Company down in 33 that was just	00:17:22
	approved in February of this year and I think by the same board where there.	00:17:27
	There's 100 foot of frontage that was approved.	00:17:33
	On Hwy. 33.	00:17:37
	Which to me?	00:17:39
	This coming out on the corner of Farmersville Rd. in Dunn Rd.	00:17:40
	Has way more.	00:17:44
	Serving a public interest, then.	00:17:46
	A parcel of land coming out to the.	00:17:48
	That's highway of Hwy. 33.	00:17:50
	We all know if Hwy. 33 and accidents.	00:17:52
	And there was a parcel created there.	00:17:55
	In February.	00:17:57
	With less than 125 feet of frontage.	00:17:58
	So for those reasons.	00:18:01
	I feel that this is.	00:18:03
	Common sense.	00:18:04
	Adding to the tax base.	00:18:06
	And I feel that.	00:18:08
	The board should grant us.	00:18:09
	This variance.	00:18:11
	Any questions?	00:18:14
	There anyone in attendance that would like to speak in favor of this variance request?	00:18:18
	Is there anyone in the audience that would like to speak in favor of this variance request?	00:18:26
	Dollars asked three times. Just so you know.	00:18:36
	Is there anyone in?	00:18:39
	In the audience that would like to speak in favors request, yes.	00:18:40
	State your name please, Emmanuel, not off.	00:18:45
	Emmanuel non off.	00:18:48
	And you're in favor.	00:18:51
	Anyone else that would like to speak in favor of this request?	00:18:57
	Is there anyone in the audience that would like to speak in opposition to this requirements request?	00:19:00
	Is there anyone in the audience that would like to speak in opposition to this variance request?	00:19:08
	Is there anyone in the audience that would like to speak in?	00:19:16
	Opposition to this variance request.	00:19:18
	Is there any staff? Is there any written correspondence? There is one.	00:19:22
	Duane Tedding wrote in that he it was in opposition. He said we should stay with subsection 7.3, point two of the Dodge County	00:19:27
	Land Use Code.	00:19:31
	That was it.	00:19:37
	You know, is he a neighbor or something?	00:19:41
	And 10095 N Blue Mound Rd.	00:19:45
	Fabian neighborhood North.	00:19:49
	Does the board have any questions of the appellant?	00:19:55
	Yeah, I, I.	00:19:59
	You could build one house on this entire parcel as it is now without.	00:20:01
	Doing a land division. Am I correct?	00:20:05
	Correct, but I couldn't keep.	00:20:08
	Possession like you could, you could build a part on there.	00:20:10
	And I believe so, yeah, yes, I mean, I, I've expressed my opposition before to.	00:20:13
	I'm more against shared driveways than I am against.	00:20:20
	You know.	00:20:23
	You know you're going to have 125 foot on your new lot.	00:20:25
	But I mean the main reason for putting 125 foot.	00:20:28
	At the road right away.	00:20:32
	Is so you have room enough to cut in the driveway. Obviously you have no intention of cutting in the driveway, so.	00:20:33
	I this is kind of a convoluted.	00:20:39
	Thank man. Can I ask you a question you.	00:20:42
	Talked about.	00:20:45
	You wanted to do this to.	00:20:47
	Profit your business. I mean, what kind of business are you going to run on this?	00:20:49
	This small lot that that's going to be profitable to you or what?	00:20:54
	Yeah. So right now we have, we have a business, it's a hunt farm and we've had it since.	00:20:58
	2019.	00:21:04
	And it is a.	00:21:06
	Farm under like the USDA that we that we work with that were registered under. So right now we have less than.	00:21:08
	Less than an acre, less than 1/4, yeah, less than 1/4 acre to be able to run our business off of and be having this. I mean even	00:21:15
	using like an acre would be.	00:21:20
	Four times what we have.	00:21:26
	So to give us a lot of opportunity to be able to continue to grow it.	00:21:28
	And just I.	00:21:32
	I just don't understand the map clearly.	00:21:34
	You know, uh.	00:21:37
	Your your line.	00:21:37
	It's pretty straight there.	00:21:40
	Who owns that little?	00:21:42
	The I mean.	00:21:44
	It's it looks like there's a driveway coming off from the farm across the road there. Yeah, that's what I mean, probably right of	00:21:45
	way.	00:21:49
	Correct, so the right away line is quite a bit back to the.	00:21:53
	East there it shows up on accounting.	00:21:56
	Probably just squares off back here, Yeah, because what I was always told is that was intended to be a 90° corner.	00:22:00
	When it was.	00:22:07
	Plat it, sure.	00:22:09
	And and.	00:22:10
	At some time they decided to curve it, but the right away still goes straight. So our property abuts the right away.	00:22:12
	So technically, you'd actually have.	00:22:18
	3.	00:22:21
	Different people using that same driveway.	00:22:22
	No self and the.	00:22:26
	Person net. Well, yeah, because Tedding goes in there. He has to go.	00:22:28
	I mean his to the north, but his driveway does cross, I mean.	00:22:32
	You don't have actual access.	00:22:37
	I mean his.	00:22:40
	Your access has to go all the way up to Blue Mountain Rd. there on the.	00:22:41
	Right on the flat of the corner. So technically there are three people on that.	00:22:45
	I mean.	00:22:49
	And it's been a split right here, John. There's one coming off here, yeah, But he's got. Yeah. But that's kind of a unique	00:22:50
	situation, that's why.	00:22:54
	You know, I go back to.	00:22:59
	That's what variances are for, because.	00:23:00
	Every square pig does a fitness square hole. You know this property is very unique in the way it's sectioned off.	00:23:03
	And it being on the corner like that I think makes it even.	00:23:08
	A better candidate?	00:23:13
	To split off and put.	00:23:14
	Another house vector.	00:23:15
	And I know at one time the county had.	00:23:18
	A situation where they.	00:23:20
	They kind of required.	00:23:23
	Depth to width.	00:23:26
	I mean this this.	00:23:28
	Even now doesn't fit.	00:23:29
	That requirement for a land split and I mean now at this, we're going to make it.	00:23:32
	You know, make it worse. I mean, there's.	00:23:37
	There's giving more parcels with.	00:23:39
	The depth with not.	00:23:41
	Being required, right?	00:23:42
	Not aware of that. Yeah, there wasn't one. Sometimes I think that's why.	00:23:44
	You know, it goes back to the east there. There's that little jog in there is.	00:23:48
	I think you're something with depth of width. I think at the time, yeah. OK, well, I mean it's, you know, you want your parcel is	00:23:52
	too long and narrow as it is now. I mean that's.	00:23:57
	I don't know if you created it or whatever, but that's.	00:24:01
	You know, but like I said, my I will.	00:24:05
	State my opposition to shared driveways. That's just something I.	00:24:07
	You know.	00:24:11
	That's fine now, and that's exactly why we're doing it, so we don't have a shared driver. She.	00:24:12
	She could, you know, there's enough room in there for her to have her own driveway meet at. That's the main reason why we're doing	00:24:17
	this.	00:24:20
	Is that?	00:24:23
	There's enough room there to have two driveways.	00:24:24
	Let's just say something happens.	00:24:27
	I could still access my parcel, she could still access Airbus.	00:24:29
	She might. So how wide is that strip?	00:24:33
	That kind of runs.	00:24:36
	I should not. I don't.	00:24:39
	Your yours is supposed to be 45 foot wide, right? Right and.	00:24:41
	What what are you talking about? Just go up by the map, the east West, you know on the on the road frontage that's 125 foot.	00:24:45
	Now you're starting versus.	00:24:52
	Yeah, what's what's the width?	00:24:54
	When you this is 40. Yeah, but what is they? What's the width of that?	00:24:56
	You know the only area she'll have to go back to her lot.	00:25:00
	Is in there.	00:25:04
	Is that?	00:25:05
	30 feet wide 25.	00:25:06
	I mean.	00:25:09
	My would be 40.	00:25:11
	It doesn't look like it's that light. I mean I 2 driveways.	00:25:12
	I don't know if you could pull a driveway in there. That's another question I have. I mean.	00:25:16
	Obviously it works fine now that it's father, daughter, that kind of thing, but they look to be very similar in widths.	00:25:20
	His access and her access at that point.	00:25:27
	So I bought 40 feet there too. You would think some were pretty close. OK, I mean it's.	00:25:29
	And my my main point is to get.	00:25:37
	Agriculture equipment back.	00:25:39
	To yet farm.	00:25:41
	The property I have left and not only that.	00:25:44
	The farmer also uses my.	00:25:46
	Access to farm.	00:25:49
	The farm to the South.	00:25:51
	So it doesn't have to go across.	00:25:53
	People's lawns.	00:25:54
	Actually 2 to the South.	00:25:56
	He comes down my right way and goes through my property.	00:25:58
	Ticket back there.	00:26:01
	Which makes common sense.	00:26:02
	I think it all comes down.	00:26:04
	To common sense, I think that this is.	00:26:05
	A common sense thing being on the corner.	00:26:08
	Being a.	00:26:10
	Not conforming parcel.	00:26:12
	And also the unique characteristics of the property.	00:26:14
	Would make it.	00:26:19
	An idea candidate for this variance.	00:26:20
	So she's building the house, is that correct?	00:26:23
	Understand what here it says lot 1 that's what houses 1 you want to build.	00:26:26
	But it's part of the old parcel at this time.	00:26:30
	Any other questions from the board?	00:26:42
	We did.	00:26:46
	Approached town and Lamyra.	00:26:47
	I know that they did not make a recommendation, but.	00:26:49
	They when we came up with this.	00:26:52
	125 by 40.	00:26:54
	They said yeah, we're all in favor, but I'll never get past the county.	00:26:56
	No. And that's very much, you know, when we got denied on.	00:26:59
	Minor land division.	00:27:02
	But they were all in favor at that time. And which?	00:27:04
	Again, common sense why I want to be.	00:27:07
	Tunnel Amira needs as much tax revenue as they can get.	00:27:09
	Any any house you build nowadays.	00:27:14
	What 400,000 minimum?	00:27:17
	That's just all the more tax base for.	00:27:19
	Lamyra.	00:27:21
	No more questions from.	00:27:28
	OK.	00:27:30
	Would the appellant like to make a final statement for the record?	00:27:32
	Yeah, I would. I think just to recap everything that I already said, try not to repeat myself again.	00:27:39
	For you guys, but the.	00:27:47
	The main point is that this is, this is an opportunity that.	00:27:48
	We're just realistically not going to have again, being able to afford land to be able to build.	00:27:53
	It's something we've always wanted to do.	00:27:59
	I've been with my husband for a very long time and it's something we've always talked about doing and.	00:28:02
	This is just finally an opportunity to do so. So it's very.	00:28:06
	Obviously very exciting and just aligns with the way.	00:28:10
	Again, we want to raise our children.	00:28:13
	And.	00:28:17
	Yeah, just being granted this opportunity from my family to be able to purchase land at a reasonable amount.	00:28:20
	So when we talk about the unnecessary hardship that it seems like it was originally one of the main reasons that they didn't	00:28:27
	recommend it applying for. I think the unnecessary hardship goes a little bit more than just not being able to build. It's not	00:28:32
	only the affordability.	00:28:37
	But it's the opportunities for.	00:28:41
	Again, family that we want to have and then.	00:28:44
	The opportunity to grow our.	00:28:46
	To be able to grow our.	00:28:48
	Our business and expanded to maybe it is something that expands for.	00:28:51
	For us and our family, a little bit more.	00:28:56
	And then just touching on, yeah.	00:29:00
	Recap to the no harm to the public interest is.	00:29:02
	My dad stated we did already get the.	00:29:05
	The go ahead or the?	00:29:07
	Informal, I guess approval from when we went to the the.	00:29:09
	Board the the town board meetings I.	00:29:12
	They were in agreement.	00:29:15
	To it.	00:29:17
	And I.	00:29:21
	I think that's.	00:29:23
	That's that's my final statement.	00:29:24
	Thank you.	00:29:27
	I have one more question for you.	00:29:29
	This business, Utah, what is this business? I didn't catch that again. Yeah. So is that Hunt Farm?	00:29:31
	Hemp Farm.	00:29:36
	Yeah. OK. Thank you.	00:29:38
	Yeah.	00:29:40
	Please, I'm going to close the.	00:29:43
	Public testimony of this hearing at this point in the.	00:29:44
	Board will go to the conclusions of the law.	00:29:48
	For us, if you would.	00:29:52
	His parents.	00:29:54
	Request to subsection 7 point.	00:29:56
	3.2 of a subdivision. Provisions of the ordinance that refer to the minimum requirement.	00:29:58
	Requirements for the new lot.	00:30:07
	Yes, yes, yes.	00:30:10
	Is there physical limitation that?	00:30:17
	Is unique to this property that prevents the appellant from complying with the subdivision.	00:30:19
	Provisions of the ordinance.	00:30:24
	Size.	00:30:27
	Well, they only have 165 feet or so. They can't. They can't make 220 fives out of 160 out of.	00:30:30
	100 and 65170, whatever the numbers.	00:30:35
	Yes.	00:30:40
	Are are the subdivision provisions of the ordinance unnecessarily burdensome?	00:30:54
	In this case and thereby creating.	00:30:59
	A hardship.	00:31:01
	I would say yes, the dimensions of the you know.	00:31:03
	That we've just read off on the last number.	00:31:06
	Does the appellant have other options available to complete this project?	00:31:15
	In compliance with.	00:31:19
	The ordinance.	00:31:20
	Yes.	00:31:21
	If they would purchase the entire parcel.	00:31:22
	Not if they want to build a house, you know.	00:31:27
	Right. No, they could build a house.	00:31:28
	They purchased the whole parcel. They can build one house there.	00:31:30
	Without anything.	00:31:33
	What hardship exists if the variance is denied?	00:31:50
	I'm going to be able to create a lot for the house.	00:31:55
	A separate lot for the host. They won't be able to divide subdivide it.	00:31:58
	Is this?	00:32:20
	Is this project harmful in any way to the public's interest?	00:32:21
	No, I don't think so.	00:32:26
	Does the board have sufficient information to make a decision on this request?	00:32:30
	Yes, we have sufficient information.	00:32:36
	We got sufficient information.	00:32:40
	Does the board believe that the appellant's variance request to.	00:32:45
	The subdivision.	00:32:48
	Provisions of the ordinance meets the criteria that is necessary in order to grant the variance requests.	00:32:50
	I would say yes, thank you.	00:33:00
	Let me see.	00:33:06
	If the board can make the findings necessary in order to grant the variance request in this case.	00:33:14
	Any conditions of approval necessary in this case to mitigate any potential?	00:33:19
	Adverse impacts that result.	00:33:24
	From this proposed development project.	00:33:27
	No.	00:33:35
	So it's.	00:33:42
	Up the motion.	00:33:44
	OK, very variance of provision provisions.	00:33:47
	I'm looking for a motion to either approve or deny.	00:33:50
	The variance to the lot with.	00:33:54
	I'll make a motion to approve it.	00:34:00
	I hear a second.	00:34:04
	2nd.	00:34:08
	Motion is made and 2nd to approve right?	00:34:12
	Great, approve any discussion.	00:34:16
	If not, I'll call the vote Rodney.	00:34:22
	Yes.	00:34:24
	Russell yes.	00:34:26
	Mark isn't absent.	00:34:28
	John.	00:34:31
	No.	00:34:31
	And myself, I will go.	00:34:34
	Yes.	00:34:35
	So the vote is.	00:34:38
	3:00 to 1:00.	00:34:40
	In favor of granting the.	00:34:42
	Hearings to the.	00:34:44
	So the based on the above findings, the conclusion of the law and the record of matter.	00:34:47
	The board granted the variance as proposed.	00:34:52
	And the Land Use Administrator is directed to issue a land use permit incorporating the decision of the board.	00:34:55
	You wouldn't be granting a land use.	00:35:03
	In this case, the land division. They got land division asked to be forwarded to the.	00:35:07
	Got a committee first before.	00:35:13
	So.	00:35:15
	Yeah, that's my question.	00:35:16
	So we have to reapply for the land use permit.	00:35:17
	The land division. When we deny something like this and the variance gets granted, we will circle back with that same application	00:35:20
	and and and approve it moving forward.	00:35:25
	So approval from you.	00:35:29
	In the future.	00:35:31
	What's that?	00:35:32
	The land division process, you'll have the certified survey map and all that stuff. You have to go through our office, circle back	00:35:36
	with Gregor. You've been working with him so.	00:35:41
	So for the next step is CSM.	00:35:45
	Just yet. Circle back with Gregor and see where where you're at.	00:35:48
	Well, thank you.	00:35:54
	I appreciate the fact that.	00:35:56
	You guys came out to the site and looked at it.	00:35:59
	I think that that's key.	00:36:01
	To any governmental I don't care what it is.	00:36:02
	You can look at a map all day, but when you come out to the site to look at that.	00:36:06
	Shows you care.	00:36:10
	Thank you. Yes, thank you. Have a good thank you.	00:36:11
	In other other business, we don't have any petitions for December, but we are looking at a review of.	00:36:20
	Passed approved variances for possible ordinance changes.	00:36:27
	And then review of the Board of adjustment responsibilities and procedures. So we'll just do that in the in the business meeting.	00:36:31
	9930 on the Yep Yep.	00:36:39
	9:30 on the 4th.	00:36:43
	Yep, Yep, it's early again in the in the month the 4th.	00:36:45
	Yep. Yeah, the daytime meeting on. Yep.	00:36:49
	No, on the agenda, your Board of adjustment audit findings, you don't have those yet or?	00:36:53
	What's that?	00:36:58
	On this agenda I have it says Board of Adjustment Audit findings.	00:36:59
	There's another item for tonight.	00:37:03
	I do not know.	00:37:06
	No.	00:37:07
	And I guess the motion would be in order to adjourn.	00:37:10
	So move.	00:37:12
	Second, all in favor say aye.	00:37:13
	Meetings adjourned.	00:37:17
	You know, get you to Thoresa.	00:37:18
	Got an airplane for me please. Time Machine.	00:37:20
	Don't hit a deer.	00:37:23
	Yeah, and we are.	00:37:25