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July 10, 2013 Variance Hearing - James Ayer

Board of Appeals
Variance Hearing
Petitioner: James & Mary Ayer
July 10, 2013
6:30 PM
Lamartine Municipal Building Meeting Room

This variance hearing was requested by James & Mary Ayer. They are requesting a variance in the 100-foot setback from the center of the road from 71-feet to 59-feet from the center of the road to construct an addition on their garage to create more living space.

This property is located at W8269 CTH Y, (T12-15-16-27-15-003-00) in the Town of Lamartine and is more particularly described as:

TH E 120N 200’ W 120’ S 200’ AS REC V1270-857 (.55A)

Present at this hearing were Board of Appeals (BOA) members, Greg Michels, Chairman; Sandra Karst, J. Peter Braun, Bud Guenther, Roger Searl and petitioners Jim & Mary Ayer. BOA Secretary/Clerk, Jill Randall and Town Zoning Administrator, Pete Michels.

With all notices having been properly posted and published Chairman Michels called the meeting to order. He explained that this meeting would be informal and everyone wishing to speak would be heard.

The Variance Application submitted by Ayers was read aloud by Town Zoning Administrator, Pete Michels. The petitioner stated that the reason for the variance is to create more living space to accommodate a main floor laundry and walk in shower. These additions would enable them to stay in their home as they age. All other attempts to construct an addition without requesting a variance were hindered by many things. Pete stated that a100-foot setback from the center of the road is mandatory in the Township. In the area the Ayers reside the homes/buildings are closer than the 100-foot requirement. If Ayers are granted the variance they will still be a greater distance from the center of the road than most other buildings in their area.

Chairman Michels asked the petitioner if there were any additional comments to add to the Variance Application. Jim explained their plans for an addition should the variance be granted. Ayers also presented a letter dated June 12, 2013 from Fond du Lac County Code Enforcement stating that there were no changes necessary to the existing private onsite wastewater treatment system (POWTS) needed for their addition proposal. They also submitted a signed statement from their neighbors Gerald Bump and Trevor Jacob stating they had no problem with the board granting this variance.

Chairman Michels explained the BOA sends a letter to Fond du Lac County Planner, Sam Tobias and the Town Zoning Administrator, Pete Michels asking for an opinion on the variance request. There were no opinions offered from Tobias. Pete stated that he recommends the variance be granted up to a 14-foot addition on the front of their garage. Greg asked Jim if they were requesting a 12-foot or a 14-foot addition. Jim said that they would be happy with whatever the board felt comfortable granting.

Greg read aloud the “Three Step / Part test that must be met to grant a variance. This “test” is given to each petitioner to complete and submit to the BOA and for the BOA to complete at the hearing as a group to aide in the decision making process. The Three Step Test states that to qualify for a variance, the applicant must demonstrate that their property meets all three of the following requirements:
• Unique property limitations
• No harm to public interest
• Unnecessary hardship

Board of Appeals discussion took place. The BOA felt that the Three Step Test was met to approve this variance request.

J. Peter Braun made a motion to accept or approve a variance in the set back to 57-feet from the center of the road. Bud Guenther seconded the motion.

Chairman Michels called for a vote stating that a YES vote would mean the variance should be granted and a NO vote would mean the variance should be denied. Let the record show that five votes were cast with the following results.
Greg Michels— YES, Roger Searl— YES, Sandra Karst— YES, Bud Guenther— YES and
J. Peter Braun—YES. The Board of Appeals voted 5-0 to grant this variance request.

With no further business to discuss, Pete Braun made a motion to adjourn the meeting. Roger Searl seconded the motion. Motion carried 5-0. The meeting adjourned at 6:55 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Board of Appeals Secretary /
Municipal Clerk


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