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Boards of Appeals
Thursday, November 7 2013
TIME: 6:30 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 Thursday, November 7th, 2013, at 6:30 p.m., for the purpose of considering a variance request submitted by Vassil Trust, Paul & Jean Vassil. Mr. & Mrs. Vassil request an exception to the Town of Taycheedah Code of Ordinances, Section 13-1-140(b)(3), Detached Accessory Buildings, for a boathouse with a reduced sideyard setback.

The property is located at the N8356 Deadwood Point 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


NOVEMBER 7, 2013

Members present; Chairman Gale Burg, Jerome Bord, Jason Meyer, Tom Friess and John Buechel. Also present were five citizens. The Secretary, Brenda Schneider, audio recorded the hearing and took notes.

Vassil requests a variance to Sect. 13-1-140(b)(3), Detached Accessory Buildings, of the Town of Taycheedah's Code of Ordinances, to allow for a boathouse with a reduced sideyard setback. The property is located at N8356 Deadwood Point Road (Parcel #T20-16-18-19-04-013-00).

Chairman Burg called the public hearing to order at 6:37 p.m. The Secretary read the notice.

Jean Barb Vassil was sworn in. Her testimony was as follows:
The old boathouse had become dilapidated.
They attempted to put it on a concrete foundation but when they went to move the boathouse; it fell apart.
The work was done without permits.
The neighbor was upset. He thought the slab was on his property. They hired a surveyor. The slab is located about 4" further from the lot line than was the old structure. The setback noted by the surveyor is 1'4" (Exhibit #1).
The building is slightly larger than the old building. The old building was positioned on dirt.

Vassil presented written support of the variance from Mary Kay and Pat Guy (Exhibit #2).

Chairman Burg expressed concerned about the noted hardship of being able to get a boat into the water.

Vassil submitted three photos of mature trees located between the boathouse and the water's edge (Exhibit #3). Vassil noted that in order to meet the minimum setback, the trees would need to be removed and the shoreline altered. Vassil informed the Board that when the area was developed, all lot owners agreed to erect boathouses at the south lot line.

Vassil acknowledged that she wasn't aware of a Town ordinance.

Board Members made the following statements:
 A new boathouse replaced the old boathouse.
 The County Permit was issued after-the-fact.
 Vassil wasn't aware when the work was in process that they needed a permit to replace an existing structure.
 It is his understanding that tree removal on shorelines requires approval due to the preservation of the shore.
 The issue at-hand is 1.4-foot setback vs. 5-foot setback.

John Weinheimer was sworn in. His testimony was as follows:
He is co-owner of the property located at N8350 Deadwood Point Road.
His parents bought the property in 1964.
He feels it is inappropriate to build without a permit and without speaking to the neighbors. Other property owners have submitted plans to the neighbors for projects in the past.
He claimed the old building was approximately 10' x 20' with 6' sidewalls.
Vassil didn't maintain the building; the wood floor rotted away.
He believes the slab was in the process of being poured on August 2. He further believes Vassil instructed the concrete guys as to where to pour it.
Vassil spoke to him a couple of days after the pour. Neither party knew where the lot line is. Vassil said he would have a survey done.
He expected Vassil to pursue permits.
He believes the larger structure on a concrete slab will affect drainage. He doesn't know what actions he can take if he needs to improve drainage. Chairman Burg responded that he doesn't believe there will be problems noting that the County would have looked at the elevations, the elevations on the noted on the survey do not indicate any potential problems and that the new structure appears to be about the same distance from the lot line.
The structure appears to have a one-foot overhang in the photos he presented to the Board (Exhibit #4). Chairman Burg added that the County would have also looked at that.
He is of the opinion that the solution would be to move the boathouse to the minimum distance.
Vassil lives at N8370 Deadwood Point Road.
He believes this was done on purpose. Otherwise they would have built it further north where the previous owner had a pier.
He doesn't believe there is a hardship and he opposes the request for a variance.

Jean Vassil rebuttal:
She asked to see the photos (Exhibit #4).
She commented that they tried to put up a nice building.
She apologized for what happened.
She noted that all boathouses are approximately 1' from the lot line on the entire beach. All landowners agreed to the location in order to protect the view.
She noted that the previous pier mentioned by Weinheimer was temporary.
She added that when the wind is from the north, the Lake overflows into the yards. It's been like that for 30 years, as long as she has lived there.
She doesn't understand why Weinheimer is so upset about the lot line. His entire wood pile is on her property, as determined by the recent survey.
She commented that if Weinheimer puts up a fence, they may not be able to get a boat in the water.

Donald Scott, N8360 Deadwood Point Road, was sworn in. His testimony was as follows:
He owns the property just north of the Vassil property.
The dilapidated building was originally larger. A willow tree fell on it and crushed a portion of the structure.
Moving the Vassil boathouse five feet would affect his view which would create a hardship to him.
He supports the request as presented.

Robert Danner, N8350 Deadwood Point Road, was sworn in. His testimony was as follows:
He commented that the structure is slightly skewed.
He added that his view is obstructed by the much taller structure. Chairman Burg responded that the sidewalls at 9' comply with the Zoning Code. Burg further responded that even if the structure were moved further away from the side lot line, it would still be an obstruction of his view.

Board of Appeals deliberations:
The strength of the issue is that the County has issued a permit.
It is the understanding that the County issued a permit applying 2011 Act 170 relating to the repair and expansion of non-conforming structures.
There was concern about maintaining the integrity of the shoreland and the drainage of the immediate area.

Motion by Tom Friess, second by John Buechel, to grant the variance allowing for a 1'4" sideyard setback, stipulating that the County would need to address drainage issues if they arise.
Roll call vote:

Jerome Bord aye
Tom Friess aye
Jason Meyer aye
John Buechel aye
Gale Burg aye Motion carried unanimously (5-0).

Motion by Jerome Bord, second Jason Meyer, to adjourn the public hearing at 7:22 p.m. Motion carried (5-0).

Brenda A. Schneider

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