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Board grants highway-setback variance for porch addition in Hustisford area with condition
Summary
The Dodge County Board of Adjustment approved a variance allowing a porch addition that would not meet highway setbacks for property on Level Valley Road; approval included a stipulation that a variance agreement be recorded if requested by the town, and carried 4-0 with one abstention.
On March 20, 2025, the Dodge County Board of Adjustment approved an area variance for an addition to a primary residence located on Level Valley Road (site address N3267 Level Valley Road) that did not meet current highway setback requirements. The property was described in the staff report as located in the A-1 Prime Agricultural zoning district.
County staff said the proposed addition would be 36.8 feet from the road right-of-way (described in the staff report as 5.2 feet within the required setback) and 68.7 feet from the centerline (reported as 6.3 feet within the required setback). The staff report cited subsection 5.1.1 and table 5.1-1 of the Dodge County Land Use Code as the controlling highway-setback provisions and recommended the board consider conditions to protect taxpayers in the event of future highway improvements.
Appellant Robert Knott (who stated his name for the record) said the addition is needed because the existing house is small and the family wants room to watch grandchildren year round; he explained the location choice was constrained by the septic, well and basement stairwell. Philip Dahnert, a Town of Hustisford supervisor, told the board the town had reviewed the details and had no objection to the variance.
Board members concluded the property’s physical constraints made the setback standard unnecessarily burdensome in this case, found no demonstrated harm to the public interest, and voted to approve the variance with the condition that a variance agreement be recorded if requested by the Town of Hustisford. The roll call showed a 4-0 vote in favor with one abstention.
The land-use administrator was directed to issue permits incorporating the condition if required by the town. The staff report included the county’s rationale for highway setbacks — visibility, safety, and protecting taxpayers should relocation be necessary for road projects — and recommended the variance agreement be recorded if the town requested it.
