[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6193928,"mediaKeyId","3865075-180ac5a5326213406c85d27bc3ac94b7","parentId",3865075,"title","Delavan couple seeks 6‑inch height variance for existing fence amid neighbor dispute; board urges remediation work before decision","audioSeconds",2210,"startMs",2132000,"endMs",4342000,"viewUrl","/Search/View?dp=1&key=3865075-180ac5a5326213406c85d27bc3ac94b7&start=2132&end=4342","thumbnailUrl","https://assets.pipeline.soar.com/3865075-180ac5a5326213406c85d27bc3ac94b7/thumbnail_2132000.jpg","articleUrl","/articles/6193928/Walworth-County/Wisconsin/Delavan-couple-seeks-6inch-height-variance-for-existing-fence-amid-neighbor-dispute-board-urges-remediation-work-before-decision","mediaUrl","https://secure.pipeline.soar.com/6193928-dcad7a808f1c2b807341e3c4b22bf64b/orig.mp4?Expires=1771107578&Signature=TrxggeiYCxt1p7zVCRqcBCsZXUwy-Dd4FzWaUweCxhW-X6hPhimprIraVlrl10YBnko7wxo1fOY7rw3ZTudaX60o639IsVxXixOmPtubBeLpN4KrYYjzTH1mLszjWjM9ta2~8EzwvGSp0PtKAzX9y8V5giKPGgGgk2-9HEXzabaO3Oo9apvJMu2812Zz1YCqbmJ3lZrBkgfChwI9yWkzNx8-gNeLx9lXMLqO5k9aJVUB75mpm5YAPs8Gx51OFP3U8gu13sUY6eQMK-oRitSxMNCup8KShxa78TzJwiFRCFySS0LVWn0KJHnyZvQ-Gsl4OyK-g5VGJ4bRAZG1muMB0g__&Key-Pair-Id=KUT5TJCACFTXG","author","WI / Walworth County ","date","2025-06-11T00:00:00Z","article","Gary and Kathy Mayworm asked the Walworth County Board of Adjustment on June 11 to allow an existing vinyl fence at 300 Inlet Shore Drive in the Town of Delavan to remain at 6 feet 5 inches, a 5‑ to 6‑inch exceedance of the county's 6‑foot maximum.

The request drew attention not for its technical measurement alone but for allegations of ongoing neighbor interference and site erosion. The town of Delavan recommended approval and the applicants presented photographic evidence, a short video and a police report they say documents neighbor Richard Mann power‑washing and otherwise disturbing the fence base, which the Mayworms say caused soil loss and increased the measured fence height.

Kathy Mayworm testified that the fence “is not on the property line, but it is in toward our property line 3 to 6 inches on our side of the property” and that she hired Roth Fencing, which she said installed the panels to the allowable six‑foot height in July 2023. She said county code enforcement later advised the installed fence was out of compliance and that Roth told the Mayworms some spots measure up to 6 feet 6 inches due to soil loss beneath the panels.

County staff read two pieces of written town correspondence into the record: Delavan plan commission minutes noting Roth Fencing initially installed the fence at a maximum of 6 feet and the town board's vote to approve a 6‑inch variance request. The applicants submitted a police report and a short video the board reviewed in the hearing record. The Mayworms said they intend to add treated wood and topsoil behind the fence to reestablish finished grade if that is an acceptable solution.

Board members pressed applicants on long‑term compliance and on whether remedial grading would be durable given the property's slope and the alleged neighbor actions. Chair Ann Seaver noted that if the county grants a variance now and the neighbor later further erodes the base, “you could be back here again” asking for additional relief; she repeatedly urged the applicants to take site‑control steps with Land Conservation staff before the board's decision.

Staff clarified the county measurement standard: fence height is measured from finished grade at the panel to the top of the fence at that same point (side‑by‑side measurements), not from the lowest adjacent ground level across the slope. The board advised the applicants to consult county Land Conservation about methods—such as installing treated lumber and fabric to hold fill and reestablish finished grade—that could be used on the applicants' side of the fence to keep the panel height within the six‑foot limit.

No county decision was issued at the June 11 hearing; the board closed the public portion and scheduled deliberation and a decision for its next meeting. The town of Delavan's plan commission and town board records were entered as exhibits supporting the applicants' request.","mediaType","Video","parentTitle","Walworth County Board of Adjustment - June 11, 2025 ","oneSentenceSummary","Gary and Kathy Mayworm asked the Walworth County Board of Adjustment on June 11 to allow an existing vinyl fence at 300 Inlet Shore Drive in the Town of Delavan to remain at 6 feet 5 inches, a 5‑ to 6‑inch exceedance of the county's 6‑foot maximum.","taxTitle","Walworth County, Wisconsin","taxId",54224,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6193933,"Walworth County hears variance request to place fence inside shoreland setback; DNR raises legal concerns",1960,120000,2080000,"/Search/View?dp=1&key=3865075-180ac5a5326213406c85d27bc3ac94b7&start=120&end=2080","https://assets.pipeline.soar.com/3865075-180ac5a5326213406c85d27bc3ac94b7/thumbnail_120000.jpg","/articles/6193933/Walworth-County/Wisconsin/Walworth-County-hears-variance-request-to-place-fence-inside-shoreland-setback-DNR-raises-legal-concerns","https://secure.pipeline.soar.com/6193933-38d5e05cd82eef3ef8d12c586cfc8081/orig.mp4?Expires=1771107578&Signature=KaaJuOlMMPGMalP~XDZWp8r3zB0FYDTyqwbstS-6vrxm~1dcT~EON-sejcLXRjKwPhdPi~9fFYaFHQhpR-rMxqAB31mv7rJCD0pKbxzcOrMeJGWS1JU12mHEpUtRRM7toQyRN2lY2fFRPfUOAmbutNWekyf5oE3HGZTAe3tMsG3G6DBxzGCP-owQ8l-cb37lxIhuC~h7sSmse~6VxteUf9y5rja-Bc4laVaHXqCBlW~L0GsahNoo4cMrmdcJKvnHzEiKintMLFjX5YqwEXBa-DZ3G4GVrDvWCn9Wi3ftT0ld8fPds2lJMQbn-GmUuvMszchVg8rNe65I1fheAkM31Q__&Key-Pair-Id=KUT5TJCACFTXG","Applicants Eric and Greta Wotowska asked the Walworth County Board of Adjustment on June 11 to approve a variance to construct a chain‑link fence inside the county's 75‑foot shoreland setback adjacent to a spring‑fed stream that flows toward Lake Como.

The request matters because the Department of Natural Resources told the board in a June 10 letter that, based on the materials provided, it “does not believe that this variance can satisfy all 3 criteria” required under state law for a shoreland variance, and the DNR said the board must consider cumulative public‑interest impacts on water quality and wildlife corridors.

At the hearing, Eric Wotowska said the lot is constrained by a roadway, a culvert and the stream and that strict enforcement of the 75‑foot setback “creates a practical difficulty and undue hardship.” He told the board the fence's “primary purpose is to create a secure perimeter to protect children and pets and deter theft and trespassing.” Town of Geneva plan commission and town board documents submitted to the county show the town reviewed and recommended approval in late 2024.

Walworth County staff displayed the site plan and explained distances shown on the aerial: the green line marks the regulatory 75‑foot setback and the blue dotted line shows the proposed fence. Staff and the town filing used different numeric descriptions in submitted materials: the town letter stated a proposed 26‑foot, 7‑inch setback from the water (documented as the town's exhibit), while the applicants described the proposed fence as approximately 48 feet from the shore in public testimony. County staff noted the difference and described the practical variance as roughly 26 feet between the required and proposed lines on the county map.

The DNR letter, entered into the record and signed by Shoreland Specialist Dale Rezebek, explained the agency's view of the three statutory variance criteria—unique physical limitations, no harm to the public interest and unnecessary hardship—and concluded the submission did not show property limitations unique among neighboring lots and that the lot “appears to be comparable in width and depth and shape to many of the other lots along this stream.” The DNR added that fences within the shoreland setback are allowed only in limited circumstances under an exemption in 2021 Wisconsin Act 105 and that the legislature intended close scrutiny of such fences when associated with roadways.

Board members asked the applicant to clarify whether the site's physical constraints are unique in the subdivision and reminded the applicant that a granted variance runs with the land and can allow future owners to make different choices. Chair Ann Seaver repeatedly noted that a variance “lasts forever,” urging the board to consider hypothetical future changes to the property if relief is granted. The applicant said the town had previously received neighbor support in writing (neighbors Roger and Nancy Wolf were cited in the town record) and that the town commission and town board each recommended approval at meetings in November–December 2024.

No final county decision was made at the hearing; the board closed the public portion and will take the matter up for decision at its next meeting. The hearing record includes the town's December 29, 2024 letter of support, the town plan commission minutes and the DNR's June 10, 2025 opinion letter as exhibits.

The County's shoreland ordinance cited during the hearing was Walworth County zoning code section 74‑29, which staff referenced as the ordinance purpose statement for shoreline protection and property‑value considerations. The board also reviewed the statutory standard described in the DNR correspondence.

If the county later grants a variance, that approval would attach to the property and remain in effect until changed by subsequent owner action or future regulatory process; the board emphasized that possibility when questioning the applicants.","Applicants Eric and Greta Wotowska asked the Walworth County Board of Adjustment on June 11 to approve a variance to construct a chain‑link fence inside the county's 75‑foot shoreland setback adjacent to a spring‑fed stream that flows toward Lake Como.","actionData","errors"]

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Delavan couple seeks 6‑inch height variance for existing fence amid neighbor dispute; board urges remediation work before decision

Walworth County hears variance request to place fence inside shoreland setback; DNR raises legal concerns