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Board of Appeals
Monday, August 18 2008
TIME: 7:30 p.m.
LOCATION: at the Taycheedah 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, on Tuesday, August 18th, 2008, at 7:30 p.m., for the purpose of considering a variance request submitted by Mary Rose McIntyre. Ms. McIntyre requests an exception to the following section of the Town of Taycheedah Code of Ordinances for the detached garage: Section 13-1-24(f)(3), Highway Setbacks. The proposed structure would have a reduced front setback.

The property is located at the N9214 Welling Beach Road.

All affected 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 Monday, August 18th, 2008, at the request of Mary Rose McIntyre. Ms. McIntyre requests 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 detached garage that would have a reduced front setback. The property is located at N9124 Welling Beach Road. 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 7:40 p.m. The Secretary read the notice.

Mary Rose McIntyre was sworn in. Michael Robert Bellmer was also sworn in. Mr. Bellmer, Precision Builders, is the contractor hired by Ms. McIntyre. Their testimony was as follows:
• She proposes to build a 24’x30’ detached garage on the east portion of the lot.
• They have met with County regarding Shoreland Zoning. The County has issued a permit.
• The proposed project meets the County’s 25% impervious surface rule.
• The lot is 200’x70’; which includes the private road.
• It is 50’ from the east edge of the road to the back lot line.
• The County requires a 10’ rear setback.
• The property owners own the private road.
• They propose a 16’ front setback from the middle of the road; 10’ from the edge of the road.
• The north neighbor, Rich Bernath, has a garage with only a 1’ rear setback and the neighbor to the south is 1.5’ over the south side lot line.
• The proposed garage would be 26’ wide and 30’ long, with 9’ sidewalls.
• The old trailer has been removed from the site.
• The site has been prepared for the 26’x30’ garage.
• Surface water drains through a buried tile along the side property line.
• During the permitting process, Brenda Schneider had suggested rotating the garage so that it is wider and shallower; which would increase the front setback by 4’. Ms. McIntrye does not care to rotate the garage because L.H. Gyr has already prepared the site for the original proposal. Rotating the garage would require more site work.
• The home was built in the 1940’s without a garage. The detached garage is needed to store a vehicle.
• The substandard lot pre-exists the Town’s ordinances.
• The lot is above the floodplain.

Appeals Board discussion was as follows:
• The Board recognized limitations of the property.
• The shallow depth of the lot to the east of the road makes it impossible to meet the 63’ front setback requirement.
• The group was concerned about:
o The affect on the Town during snowplowing; particularly for snow storage.
o The cab of a pick-up will still be inside the garage when backing out onto the roadway.
o Fire Department and other emergency response vehicles.
o Garbage truck and mailman access.
• The proposed building is 780 square feet.
• The County and Town ordinances limit the size to 864 square feet.
• If the building is rotated, the front setback will increase by 4 feet.
• If the building is rotated, the owners could build the structure wider and still remain under the maximum square footage.

Rich Bernath, N9128 Welling Beach Road, informed the Board that Gyr filled the drainage swale between the lot in question and the lot to the south. Drain tile was installed in place of the swale. He is concerned about what will happen to the surface water if the tile freezes. There was a 4 foot open swale that
August 18th, 2008 Board of Appeals 2.
Mary Rose McIntyre-front setback variance

would clog with leaves and ice that he has always cleared because the owners are not on site during the winter. It was noted that the drainage swale behind the properties is on the farmer’s land.

The Board instructed Ms. McIntyre that a swale must be created and maintained along the south lot line.

Gale Burg motioned to approve a variance for a detached garage subject to the following conditions:
• not to exceed 864 square feet,
• 20’3” front setback from the center of the roadway,
• re-apply to the County for approval of the revision to the project,
• 10-foot rear setback,
• sideyard setbacks totaling 25 feet,
• construction and maintenance of a drainage swale along the south lot line to a width of 4-foot and a depth of 2” below the roadway level, and
• height not to exceed 15 feet.
John Buechel seconded the motion.

Roll call vote:
Tom Friess aye
John Buechel aye
Barb Bertram aye
Gale Burg aye
Jim Rosenthal aye Motion carried unanimously (5-0).

Ms. McIntyre was instructed to re-apply to the County. Once approval is obtained, provide documentation to Brenda Schneider for the file. She was also informed that she must substantially begin the project within six months, or the variance will be void.

John Buechel motioned to adjourn the public hearing at 8:36 p.m., seconded by Jim Rosenthal. Motion carried (5-0).

Brenda A. Schneider

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