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Board of Appeals
Wednesday, June 4 2014
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing


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, Fond du Lac, on Wednesday, June 4th, 2014, at 6:30 p.m., for the purpose of considering a variance request submitted by R.A.M. Investments, Inc. R.A.M. requests an exception to Section 13-1-54(d)(6), Minimum Lot Size, of the Town of Taycheedah Code of Ordinances. R.A.M. requests approval of a Certified Survey Map creating three substandard lots located on Lake Park Drive.

All affected and interested parties are encouraged to attend and be heard.

The Town Board members may be in attendance.

Brenda A. Schneider
Board of Appeals Secretary


JUNE 4th, 2014

Present were Vice Chairman John Buechel, Jerome Bord, Mike Holzman, Jason Meyer and Secretary Brenda Schneider. Also present were several interested persons.

The purpose of the public hearing was to consider a variance requested by R.A.M. Investments, Inc. R.A.M. requests an exception to the Code of Ordinances, Section 13-1-54(d)(6), Minimum Lot Size, for approval of a Certified Survey Map creating three substandard lots within Sandy Beach Business Park.

The Secretary, Brenda Schneider, taped recorded the hearing and took notes. The Acting Chairman Buechel called the hearing to order at 6:30 p.m. The Secretary read the notice.

Mike Korb, representing R.A.M. Investments, Inc., was sworn in. His testimony was as follows:
R.A.M. submitted a letter, dated May 6th, to the Town. All members have received a copy of the letter.
They are requesting a variance to a change made to the Code.
They are requesting the division of Lot 11 into three equal parcels. All three lots contain a minimum of one-half acres and at least 100' of road frontage.
They have owned the land for about six years. They purchased the land in 2006 or 2007.
In the past, they have been allowed to split four lots into smaller lots of less than one acre. Five of those lots under one acre have been sold.
They have an accepted offer on one of the substandard lots from Lot 11. They began negotiations in December or January with the offer being accepted in mid-April. They are currently in negotiations for the sale of the other two lots. He questions if the previously approved splits set a precedence.
The one-acre minimum lot size seems rather large to them; and from a market standpoint is a hindrance to them.
Similar splits have been approved in the past without issue and have been proven to be a catalyst for the development as well as for the Town of Taycheedah.
They do not believe the variance would be contrary to public interest. It will promote multiple levels of expansion within the Town and an increase to the tax base.
Early February, 2014, the minimum lot size was increased from one-half acre to one acre.
Several lots, much larger than one acre, have yet to be sold.
He believes the increase to the minimum lot size had reduced their ability to sell lots by 50%.

As a follow-up to a question as to why the minimum lot size was increased, Clerk Brenda Schneider explained that the Comprehensive Planning Committee spent approximately two years meticulously analyzing the Zoning Code. The Plan Commission recommended approval of the amended Zoning Code. The amended Zoning Code was approved by the Town Board. An increase in the minimum lot size in B-1 zoning was one of the numerous changes recommended by the Comprehensive Planning Committee. The Committee was of the opinion that a 1/2 acre lot was not an appropriate amount of land for an active business. The Zoning Code allows for approximately 54 different types of businesses to operate on B-1 zoned land with no special permission from the Town.

Korb believes that if an active business were to locate in the Business Park; they would purchase one of the larger lots, much like the gas station did.

Joe Schumacher, W4531 Lake Park Drive, was sworn in. His testimony was as follows:
Schumacher questioned what brought on the increase in lot size.
He was the first one to purchase a lot after the Shell station.
He indicated that there has been some activity after R.A.M. started selling the smaller lots.
He believes the Town can get more taxes from two buildings on one acre vs. one building on that same acre.
He doesn't need more than 1/2 acre.
He feels the Town of Taycheedah is down on construction and the one-acre lot size is a detriment to the properties.
He'd like to have more people down where he is but the Town is hindering it.
There is no other business park in the Town of Taycheedah.

Clerk Brenda Schneider reminded those in attendance that the purpose of the public hearing is to determine a hardship, not to debate the pros and the cons of the currently established minimum lot size. That debate needs to be made to the Plan Commission and the Town Board.

Eric Stone, owner of a building on Lake Park Drive, was sworn in. His testimony was as follows:
Stone owns a 5,000 square foot building on 0.8 acres lot. His lot was created by a Certified Survey Map split. He has more land than he needs. He is considering selling half of his lot, under a possible condo agreement, to a friend for a 40'x60' building.
He supports the variance.
He designed his building to be multi-purpose with four large doors to accommodate semis driving through it.
His building could support a full service shop for a trucking company, excavator, etc.
He feels the increased lot size severely hinders the flexibility for R.A.M. to sell out the lots. He believes this is a true hardship.
His lot is so deep that he has a great deal of excess space.
He thinks it is a true hardship; speaking as a user that owns a building in the subdivision.
He works at National Exchange Bank & Trust as a commercial lender. NEBAT holds the mortgage on the property. As a person who is an interested party, representing Nationals Exchange Bank, the company views not granting the variance as a severe hindrance to the value of their collateral and significantly restricts how R.A.M. can develop the lots and sell those lots.
The use of the land, for building purposes, will be limited if the variance is not granted.
A half-acre lot is much more flexible. It would limit the amount of unusable land on each lot. One acre lots would cause multiple buildings on each lot. Separate lots with separate buildings will add to the tax rolls.
He paid the sewer connection fees and doesn't even have a well yet.
A lender will analyze a business' parking needs, etc., before lending that business money. He thinks the size of lots should be fully self-policing.

No interested or affected parties were in attendance to object to the variance petition.

Motion by Jason Meyer, second by Jerome Bord, to approve the variance and hereby authorize the Town Board to approve the Certified Survey Map splitting Lot 11 into three lots under one acre. Roll call vote:
Jason Meyer aye Jerome Bord aye
Mike Hozman aye John Buechel aye Motion carried unanimously.

Motion by Jerome Bord, second by Mike Holzman, to adjourn the public hearing at 7:04 p.m. Motion carried unanimously.

Brenda A. Schneider

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Fond du Lac County, Wisconsin

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