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Board of Appeals
Tuesday, October 4 2005
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Public Hearing


NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Taycheedah, Fond du Lac County, Wisconsin, will conduct a public hearing at the Taycheedah Town Hall, W4295 Kiekhaefer Parkway, Fond du Lac, on Tuesday, October 4th, 2005, at 7:30 p.m., for the purpose of considering a variance request submitted by Matthew Schmitz. Mr. Schmitz requests an exception to Section 13-1-140(b)(3) of the Town of Taycheedah Code of Ordinances, for a 30' x 60' addition to an existing detached accessory building which exceeds the 1264 sq. ft. maximum size. The property is located at W3954 Hwy. 149.

All effected and interested parties are encouraged to attend and be heard. The Town Board members may be in attendance.

Brenda A. Schneider
Secretary of Appeals Board


The Town of Taycheedah Board of Appeals conducted a public hearing on Tuesday, October 4th, 2005, on behalf of Matthew Schmitz. Mr. Schmitz requests a variance to Section 13-1-140(b)(3) of the Town of Taycheedah’s Code of Ordinances to allow for a 30’x60’ addition to an existing detached accessory structure. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, Bob Holzman and Barb Bertram. The Secretary, Brenda Schneider, taped recorded the hearing and took notes. The Chairman called the hearing to order at 8:05 p.m.. The Secretary read the notice.

Matthew Schmitz was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• The existing building is 30’x40’.
• The existing building is a pole shed.
• He needs the additional space for a workshop and the storage of cars, trailers and a boat.
• He wants to add overhead doors.
• The existing house is 67’ from the curbing of Hwy. 149 and 30’ from the side lot line.
• The existing structure is well shielded from the view at the street.
• The parcel is 1.59 acres zoned residential with public sewer (R-1).
• The pole building posts would be 8 feet on center.
• The structure would maintain the existing sideyard setback.
• The sidewalls would be 12 feet.
• The storage space would be used by him and his dad.
• He does not intend to lease storage space.
• The pole shed was built in 1985.

Board of Appeals discussion was as follows:
• In 2002, the Town Board increased the maximum size of detached accessory structures.
• The maximum size limit, per the ordinance, is 1264 sq. ft.
• Approval of the petition would create a building twice the size limit for a 1.5 acre lot.
• The existing structure is 1,200 sq. ft..
• The addition would be three walls with overhead doors on the side.
• The pole shed style is prohibited in the residential district. The existing structure is grandfathered.
• The zoning was changed from agricultural-transitional to residential years ago.
• The home has an attached garage.

Ottie Schneider was sworn in. His testimony was as follows:
• The pole shed was built in September of 1985.
• The property was rezoned to residential.
• He said he was told that he could continue to use the property for ag purposes as long as he owns it. He used to raise steers.
• Mr. Schneider was informed that he lost his ability to raise steers on the property once he discontinued raising steer. Continued ownership does not extend a non-conforming use.
• The shed has a 5 foot sideyard setback.
• The shed met the requirements of the ordinance at that time.
• The shed is currently being used for storage of a camper, boat and trailer.
• The total height of the shed is approximately 18 feet.
• The front of the shed has a service door.
• The rear of the shed has a 12’x10’ sliding door.
• It has fiberglass windows and skylights.

Mike Wirtz was sworn in. His testimony was as follows:
• Mr. Wirtz, a private contractor, was asked about matching a 10 foot sidewall addition into a 12 foot existing sidewall.
October 4th, 2005 Board of Appeals 2.
Matthew Schmitz-size of accessory building variance

• Mr. Wirtz’s response was that special trusses could be made to accommodate the transition in the change in sidewall height. However, a portion would still have to be extended from the addition to the existing.
• The Town Board is scheduled to address increasing the maximum square footage of detached accessory structure. The largest structure that is proposed to be allowed would be 1500 sq. ft. on a 2.5 acre or larger lot.
• Mr. Wirtz was asked if the Town is being unreasonable.
• Mr. Wirtz’s response was that there is some demand for larger structures however; the neighbors don’t always like to look at them.
• He added that there is no limit to the size of an attached garage.
• The limit on the number of detached structures is still one.

No public comments were received. All property owners within 300 feet received direct written notice.

Further discussion by the Board of Appeals members was as follows:
• There was concern that a precedence might be established if the petition were approved.
• There must be a hardship that is not based upon needs or wants.
• The members questioned the need for the larger structure.

Barb Bertram motioned to deny the variance request on the grounds that the petitioner had not proven a hardship and on the basis that the request is excessive of the current maximum size limit, seconded by John Buechel.
Roll call vote:

Bob Holzman no
Tom Friess no
John Buechel yes
Barb Bertram yes
Jim Rosenthal yes Motion carried unanimously (3-2).

Chairman Rosenthal informed the Mr. Schmitz that the proposal was deemed not acceptable and that he has the right to re-petition in the future for a smaller size.

Jim Rosenthal motioned to adjourn the public hearing at 9:35 p.m., seconded by Barb Bertram. Motion carried (5-0).

Brenda A. Schneider

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