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July 10, 2013 Variance Hearing - Randall Kuik

Board of Appeals
Variance Hearing
Petitioner: Randall & Mary Kuik
July 10, 2013
7:15 PM
Lamartine Municipal Building Meeting Room

This variance hearing was requested by Randall (Randy) & Mary Kuik. They are requesting a variance in the 15-foot setback of the rear yard to a 4 or 5-foot setback on the west side of his property. Randy would like to construct a 10-foot lean to on this shed to create more storage space.

This property is located at N5420 Wonser Road, (T12-15-16-25-10-005-00) in the Town of Lamartine and is more particularly described as:

S25 T15N R16E LOT 1 CSM #3995-22-74 LOC IN W ½ SW ¼ V1031-712 (1.26A)

Present at this hearing were Board of Appeals (BOA) members, Greg Michels, Chairman; Sandra Karst, J. Peter Braun, Bud Guenther, Roger Searl and petitioner Randy Kuik. 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 get a chance to address the Board.

The Variance Application submitted by Kuik’s was read aloud by Town Zoning Administrator, Pete Michels. The petitioner stated in the Variance Application that the reason for the variance was that he wanted to add a 10 to 11-foot addition on to the west side of his current 27’ X 51’ pole building. This addition would be within 4 to 5-feet off the west / rear lot line of his property.

Chairman Michels asked the petitioner if there were any additional comments to add to the Variance Application. Randy stated that he had emails from his neighbors confirming that they had no problem with his plan for the addition or the setback. He explained that he wants to have enough storage space to keep things undercover and out of view so his yard looks neat. To do some other type of building construction or addition for storage was too costly and would be too close to the septic system.

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 felt neutral regarding this variance; he could support the granting or denying of the variance requested.

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

Randy did not submit a completed three-step test to the BOA.
Board of Appeals discussion took place. To qualify for a variance, the applicant must demonstrate that their property meets all three requirements. The BOA felt that the Three Step Test was not met to grant this variance request. The following is a summary of the BOA’s answers to the “Three Step Test” questions:
• Unique property limitations—NO (There were no unique property limitations)
• No harm to public interest—YES (Granting of this variance would not harm public interest)
• Unnecessary hardship—NO (no unnecessary hardship was demonstrated)

J. Peter Braun made a motion to deny the request for a variance in the set back of the rear yard to 4 or 5-feet. Roger Searl seconded the motion.

Chairman Michels called for a vote whether the variance should be granted or denied. Let the record show that five votes were cast with the following results.

Greg Michels— Grant the variance,
Roger Searl— Deny the variance,
Sandra Karst— Deny,
Bud Guenther— Deny
J. Peter Braun—Deny.

The Board of Appeals voted 4-1 to deny 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 8:05 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Board of Appeals Secretary /
Municipal Clerk


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Town of Lamartine, Fond du Lac County, Wisconsin
N5367 Hillcrest Rd, Fond du Lac, WI 54937-9430
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