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Board of Appeals
Monday, July 16 2007
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Public hearing

AGENDA

Town of Taycheedah
Fond du Lac County, Wisconsin
Notice of 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, on Monday, July 16th, 2007, at 7:30 p.m., for the purpose of considering a variance request submitted by Gary & Kathleen Schneider. Mr. & Mrs. Schneider request an exception to the following section of the Town of Taycheedah Code of Ordinances for the construction of a home: Section 13-1-24(f)(3), Highway Setbacks. The proposed structure would have a reduced front setback than what is required by the Town’s Zoning Ordinance.

The property is located at the N9106 Welling Beach Road.

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


MINUTES

The Town of Taycheedah Board of Appeals conducted a public hearing on Monday, July 16th, 2007, at the request of Gary & Kathy Schneider. Mr. & Mrs. Schneider request a variance to Section 13-1-24(f)(3)(a), Highway Setbacks, of the Town of Taycheedah’s Code of Ordinances, to allow for the construction of a home with a reduced front setback of 26 feet; which would fail to meet the minimum setback of 75 feet. 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 public hearing to order at 7:32 p.m.. The Secretary read the notice.

Gary & Kathleen Schneider were sworn in. Their testimony was as follows:

• Their property is located at N9106 Welling Beach Road.
• They intend to remove the mobile home and replace it with a stick-built home.
• The mobile home is 16’x60’ and is used seasonally. It has a 30 foot front setback. The Board of Appeals approved a variance for the reduced front setback on Sept. 13, 1996.
• They intend to build a permanent, year-round 2-story home with an attached garage. They are planning on a home that is 24’ x 64’; which includes a garage 22 feet in depth. They request approval for a 26 foot front setback. The sideyards are planned to total 26 feet. The home will have a crawlspace with footings and frost-walls.
• The County has indicated that it is unlikely that the elevation will need to change.
• The drainage for the lot was established in 1998. There are swales with drainage pipes on both sides.
• He believes he does not contribute surface water to his neighbors’ properties.
• They are the third generation in the family to own the lot.
• The house will have gutters with 2 foot overhangs.
• The existing deck on the south side of the mobile home will be eliminated.
• There are 12 homes on the street. Their lot is the sixth one.
• The new home is planned to have an 8 foot patio on the lakeside of the home.
• The lot is a small lake lot that is limited due to the lake setback and the location of the private road.
• There are three two-story, year-round homes on the road. They would prefer a ranch-style home but the lot isn’t large enough.

Public comment:

Heinz Youngman, neighbor to the north, was in attendance. He stated objection to the front setback being reduced by an additional four feet. He stated that he no longer gets the breeze or the view. He is concerned about drainage because the Schneider property is six feet higher than his property. The new home will be five feet closer to the side lot line. The lot slopes to the lot line and has no swale. He did comment that standing water disappears in a couple of hours.
Gerry Buntrok, neighbor to the south, was also in attendance. He does not object to reducing the front setback by four feet; but would object to reducing the lake setback. He informed the Board members that the only problems from surface water drainage are from the farm fields.
Mr. Buntrok also asked questions about the maintenance of private roads.

Exhibit A was submitted-a letter of support from Robert and Nicole Krahn.

Gary & Kathleen Schneider’s responses to comments made by the public were as follows:

• In 1998, when they put in the mobile home, the County required them to increase the elevation of the lot.
• The swale and drain work well. Sometimes it handles water from the Youngman property.

July 16th, 2007 Board of Appeals 2.
Gary & Kathy Schneider-front setback variance

Appeals Board members discussed the possibility of reducing the 8 foot patio in order to increase the front setback by 2-3 feet, the need to have enough clearance in the roadway area for emergency vehicles to be able to pass each other, the minimum lakeside setback allowed by Shoreland Zoning is 50 feet so long as there is a 35 foot vegetative buffer established and reducing the garage to 20 feet deep would be very tight.

Barb Bertram motioned to approve the request for a 26 foot front setback citing a hardship based upon the limitations the small lot creates on building a house that would conform to the existing ordinance; under the condition that the Town will not be held liable in the event of any future conflicts that may be caused by any change in the location of the road, seconded by Tom Friess.

Roll call vote:
Gale Burg aye
John Buechel aye
Tom Friess aye
Barb Bertram aye
Jim Rosenthal nay Motion carried (4-1).

Gale Burg motioned to adjourn the public hearing at 8:22 p.m., seconded by John Buechel. Motion carried (5-0).

Attest._____________________________________
Brenda A. Schneider
Secretary





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