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Board of Appeals
Thursday, March 9 2017
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, Fond du Lac, on Thursday, March 9th, 2017, 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 and Taycheedah Way.

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


MARCH 9th, 2017

Present were Vice Chairman John Buechel, Mark Guelig, Joe Sabel, Jason Meyer and Secretary Brenda Schneider. Absent: Tim Marcoe. Also present were few interested persons.

The purpose of the public hearing was to consider a variance requested by R.A.M. Investments, Inc. R.A.M. for an exception to the Code of Ordinances, Section 13-1-54(d)(6), Minimum Lot Size, for the 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.

Vice Chairman Buechel called the public hearing to order at 6:30 p.m. The Secretary read the notice.

Mike Korb, N7814 Sandy Beach Road, representing R.A.M. Investments, Inc., was sworn in. His testimony was as follows:
He's been before the Board of Appeals with a similar request. The most recent was last May or June.
There was a change to the minimum lots size after they purchased the land.
The proposed certified survey map intends to create a 0.88 acre parcel for a service-oriented business. This business needs less than one acre. It will be located directly across from the gas station. The remainder of the lot will be split into a 0.52 acre parcel and a 0.608 acre parcel.
Currently there are six substandard lots in the development.
They are looking to bring more businesses into the Town.
When asked why he didn't split the lot into two one-acre parcels Korb responded that splitting the lot into two wouldn't meet the Town's frontage requirement.
Korb indicated they originally created a number of two-acre lots knowing that they could split them down.
Early February, 2014, the Town Board formally increased the minimum lot size from one-half acre to one acre. Mr. Korb acknowledged being aware of this change in the ordinance.
Adequate parking without the use of the road for said parking was a concern. Korb's rebuttal was that he cannot sell 0.5 acres to someone that needs a lot of parking area and that parking is not allowed on the road.
Stormwater management was also a concern in light of all of the planned blacktop. Korb's response was that all water within the development goes to the retention pond.
Lot 3 on the certified survey map could potentially be added to Lot 15. Lot 15 is a two-acre lot.
Korb believes his hardship is that they purchased the land with the expectation of being able to reduce the lots to 0.5 acre.
Lot 1 of the certified survey map is sold but not the other two lots.
Korb indicated that the buyer wants to be on the corner of Winnebago Drive and Taycheedah Way.
Korb commented on the variety of businesses in the development and that they are looking to bring in more.

Clerk Schneider reminded the Board of Appeals that, per the Town's ordinance, any one of more than 50 types of business can operate on business zoned land without any specific approvals from the Town.

No one spoke in support or opposition to the variance; however, the owner of the gas station questioned what type of business is purchasing the lot. Korb responded that it will be sales not of the type that would be competition to him.

Vice Chairman Buechel closed the public hearing at 6:51 p.m.

Board of Appeals deliberations were as follows:
The variance should not be approved due to lack of hardship.
They created the development prior to the 2014 change in lot size.
The owners are losing potential revenue.
The frontage requirement does not appear to be an issue.

Motion by Joe Sabel, second by Jason Meyer, to approve the variance and hereby authorize the Town Board to approve the Certified Survey Map splitting Lot 14 into three lots under one-acre. Roll call vote:
Joe Sabel aye Jason Meyer aye
Mark Guelig aye John Buechel aye
Motion carried unanimously.

Motion by John Buechel, second by Jason Meyer, to adjourn the public hearing at 6:55 p.m. Motion carried unanimously. (4-0)

Brenda A. Schneider

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Fond du Lac County, Wisconsin

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