Board of Appeals
Thursday, June 28 2007
TIME: 7:30 p.m.
LOCATION: at the Town Hall
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Taycheedah, Fond du Lac County, Wisconsin, will meet at the Taycheedah Town Hall, W4295 Kiekhaefer Parkway, on Thursday, June 28th, 2007, at 7:30 p.m., for the purpose of considering the impact of Zoning Ordinance Section 13-1-192, of the Town of Taycheedah Code of Ordinances, on the variance granted to John Rixen for an exception to Section 13-1-24(f)(3), Highway setbacks, for the expansion of the restaurant known as Fisherman’s Cove. The property is located at N9176 Hwy. 151. Section 13-1-192 states …variances granted by the Board shall expire within six months unless substantial work has commenced. The variance was granted on November 3rd, 2005.
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 Thursday, June 28th, 2007, for the purpose of determining whether or not a variance previously granted remained valid. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, Gale Burg and Barb Bertram. The Secretary, Brenda Schneider, taped recorded the hearing and took notes. The Chairman called the hearing to order at 7:32 p.m.. The Secretary read the notice.
Background: A public hearing was conducted on November 3rd, 2005, at the request of John Rixen. Mr. Rixen requested a variance for a 12’ x 21’ addition for handicap accessible bathrooms, 20’ x 20’ kitchen expansion and a 12’ x 22’ walk-in cooler/storage addition to the restaurant known as Fisherman’s Cove. The building has a 58’9” setback from Hwy. 151 and a 75’6” setback from Fisherman’s Road. The variance was approved unanimously. Mr. Rixen did not apply for a building permit.
Recently, Bryan Perl, representing PMT Holdings Corp., attempted to obtain a building permit for the cooler. Brenda Schneider, Permit Issuer, denied Mr. Perl’s request for a building permit due to Section 13-1-192(c) Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
The Board of Appeals needs to determine what constitutes substantial and whether or not the variance has expired.
Bryan Perl was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• John Rixen is the owner of the property.
• On 6/1/07, PMT Holdings, Corp., entered into a one-year lease with an option to buy after one year.
• PMT has three partners.
• The Town Board has approved a liquor/beer license for PMT. Thad Paul is the agent.
• They propose to install a cooler on the south side of the building; in the same location that Mr. Rixen planned. The cooler is slightly smaller than the one Rixen proposed.
• They do not plan to construct the kitchen or bathroom additions during the lease period.
• The cooler is a temporary/mobile structure. It can be removed at any time. They do not plan to enclose it or attached it to the building.
• They plan to cut a door into the building in order to create an exit near the cooler.
• They opened Fisherman’s Cove earlier in the week.
• Mr. Perl believes it will take a couple of weeks to completely install the cooler.
The Board of Appeals members made the following comments:
• Additional work in the future will require additional variances.
• Cutting in the door may require state approved plans and permit.
• The building is a non-conforming structure.
• The Board of Appeals approved a similar variance in 2005.
Jim Rosenthal motioned to approve the request for the mobile cooler at the south side of the building. The cooler may not exceed 192 sq. ft. John Buechel seconded the motion.
Roll call vote:
Barb Bertram aye
John Buechel aye
Tom Friess aye
Gale Burg aye
Jim Rosenthal aye Motion carried (5-0).
Chairman Rosenthal reminded Mr. Perl that he must secure all necessary permits and he must begin work within 6 months.
June 28th, 2007 Board of Appeals 2.
Fisherman’s Cove-validity of a variance
Gale Burg motioned to adjourn the public hearing at 7:47 p.m., seconded by Barb Bertram. Motion carried (5-0).
Brenda A. Schneider
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Fond du Lac County, Wisconsin
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