Board of Appeals
Thursday, October 27 2016
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
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 Thursday, October 27th, 2016, at 6:30 p.m., for the purpose of considering a variance request submitted by Michael & Karla Dishaw. The Dishaws request exceptions to the following sections of the Town of Taycheedah Code of Ordinances for the re-construction of a single-family home: Section 13-1-24(f)(3)(a), Highway Setbacks; Section 13-1-48(d)(6)(a), Sideyard setback; and, Section 13-1-48(d)(7), Rear Yard Setback. The proposed structure would have a reduced front, side and rear setbacks than what is required by the Town's Zoning Code.
The property is located at the N8434 Minawa 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
TOWN OF TAYCHEEDAH
BOARD OF APPEALS
MICHAEL & KARLA DISHAW VARIANCE
OCTOBER 27, 2016
TAYCHEEDAH TOWN HALL
Members present: Vice Chairman John Buechel, Mark Gulig, Tim Marcoe, Jason Meyer, Joe Sabel and Secretary Brenda Schneider.
The purpose of the public hearing was to consider a variance requested by Michael & Karla Dishaw for an exception to Section 13-1-24(f)(3)(a), Highway Setback Lines; Section 13-1-48(d)(6)(a), Sideyard Setback; and Section 13-1-48(d)(7), Rear Yard Setback, of the Town of Taycheedah Code of Ordinances, to allow for the construction of a home with a reduced front setback, a reduced sideyard setback and a reduced rear setback.
The Secretary, Brenda Schneider, taped recorded the hearing and took notes.
The Chairman called the hearing to order at 6:33 p.m. The Secretary read the notice.
Alec Dishaw, representing Michael & Karla Dishaw, was sworn in. His testimony and responses to questions were follows:
• The home was originally built in the 1940s, with two additions since. It is an old 20' x 40'cottage.
• The Dishaws have secured a permit from Shoreland Zoning on 9/8/16. There was no objection made by the DNR.
• The lot is 50'x 400'. It is split into two by Minawa Beach Road. The area east of the road is not buildable.
• They plan to build a single-family home. The new two-story home would be approximately 1,200 sq ft.
• The new home is projected to have be 23' from the center of the road, 8'4" north sideyard setback and 50' rear setback. Floodplain issues on the south side of the lot would cause the reduced north sideyard setback.
• Recent changes to the Fond du Lac County Shoreland Zoning Ordinance allows for the replacement of a home in the same footprint without the need for a permit; and, the replacement of a home with an increase of 200 sq. ft. or less, without a variance but a permit is required.
• The sideyard setback of 8'4" is due to limited build are. There are no structures on the two north lots. The home to the south shares the well. The well is projected to be 6' from the house. The proposed location allows for more permeable area and access by emergency vehicles. The sideyard will be nearly flat.
• Their hardship is the ability to build on limited area. The lot configuration makes it impossible to build a home similar to their neighbors' homes. The area to the east is not buildable due to the wetlands delineation. Overhead electrical wires, a sewer easement and mature trees further impact the location of a new home.
• The rear setback plans for no change to the grade elevations. They will add two rain gardens on the property. These will be located to the south of the home and on the eastern portion of the lot. The proposed home will not harm the existing waterway. The lot is unique in that the closest high-water mark is located on a neighboring lot. The distance from the new home to the high-water mark on their property will be 90'.
• The front setback involves a private road. The road is maintained by the owners, not the Town. There are about fourteen homes 25 ft. from the center of the road. It's a two-way dead-end road. The proposed structure will not inhibit emergency vehicles.
• Eric Otte, representing the sanitary district, advised them to install removable stairs in the easement area. This would not be in violation of the easement.
• Final floor plans are not yet complete.
• The house will be 23' from center, excluding the steps. It will be in conformity to the other structures on the beach.
As a requirement of law, a letter of notification regarding the variance application was sent to all property owners within 300 feet.
Testimony in support of the variance:
James A Michels, N8446 Minawa Beach Road, was sworn in. His testimony was as follows:
• The neighbors are very close.
• They are in support of the variance.
• The lots were built very tight.
• They had to work around floodplain issues in order to build their dream house.
Testimony in opposition of the variance:
None was presented.
Vice Chairman Buechel declared the public hearing closed at 7:08 pm.
Board of Appeals deliberations and action were as follows:
• There a physical limitations to the land due to the size and shape that are further hindered by the floodplain, the high-water mark and the sewer easement.
• Every house on Minawa Beach Road are close to the road.
• The proposed home is not grossly over-sized.
• The footprint for the new home would be a minimal deviation from the current footprint.
Motion by Joe Sabel, second by Mark Gulig, to approve the variance for the construction of a new home with a front setback of 23', excluding the steps, 8'4" north sideyard setback and a 50' rear setback, citing limitations of the narrow lot, the floodplain designation, the application of the high-water mark, and the sewer easement.
Roll Call vote:
Tim Marcoe aye Jason Meyer aye
Mark Gulig aye Joe Sabel aye
John Buechel aye Motion carried (5-0).
Motion by Jason Meyer, second by Mark Gulig, to adjourn at 7:12 p.m. Motion carried (5-0).
Brenda A. Schneider
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