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Dodge County Board of Adjustment approves two setback variances, removes deed condition for earlier case
Summary
At its April 17 meeting in Juneau, the Dodge County Board of Adjustment approved a variance for a detached garage in Hubbard and a home-addition variance in Emmett (with a recorded- deed condition), then voted to remove a register-of-deeds condition from an earlier Carlton variance.
The Dodge County Board of Adjustment on April 17 approved three land-use actions: a variance to highway setback rules for a proposed detached garage on Arrowhead Trail in the town of Hubbard; a variance for a home addition on County Highway DJ in the town of Emmett granted with a recorded- deed condition; and the removal of a prior recorded-deed condition for Roger and Brenda Carlton.
Chairman William Noss and four board members — Mark Wossmer, John Schaneyke, Russ Kotke and Rodney Johnson — voted 5-0 on each item during the meeting at the Dodge County Administration Building in Juneau.
The board opened the first hearing on an appeal filed in the name of Rachel D. Soa (20 20 Trust) to allow a detached garage at N5096 Arrowhead Trail that would not meet the county—s highway setbacks. County staff said the proposed garage would sit 28.2 feet from the road right-of-way (13.8 feet inside the required setback) and 49.6 feet from the road centerline (25.4 feet inside the required setback); Dodge County—s ordinance requires 75 feet from the centerline or 42 feet from the right-of-way for town roads at that location. Appellant Mark Soa told the board the site layout and shoreline location prevent placing a functional garage elsewhere on the lot. A neighbor, Jim Ranstrom, spoke in favor. After deliberation the board found that unique physical conditions (the lake and lot configuration) created hardship and approved the variance. The land-use administrator was directed to issue a land-use permit incorporating the board—s decision.
Next, the board heard an appeal on behalf of Beth Huber for a home addition at N2311 County Highway DJ in the town of Emmett. Staff reported the addition would be 41 feet from the road right-of-way (26 feet within the required setback) and 87.7 feet from the centerline (12.3 feet within the required setback) relative to the county—s required 67-foot right-of-way or 100-foot centerline distances for county highways. The property, an 8.59-acre parcel partly within a shoreland-wetland district near Silver Creek, already contains a nonconforming house; staff said additions are allowed only if they meet current setbacks. The board concluded the existing house placement and parcel conditions justified a variance. The board approved the variance 5-0 with a condition recommended by staff that a recorded variance agreement be filed with the register of deeds in the amount of the proposed construction project prior to issuing the land-use permit. The board instructed staff to prepare the recording document and provide it to the appellant for signature and notarization.
Finally, Roger and Brenda Carlton asked the board to remove a previously required register-of-deeds recording condition that was attached to an earlier variance. The board read a letter from the town of Hubbard stating the town and its zoning administrator had no objection to removing the condition. The Carltons told the board lenders would not proceed with financing while the deed condition remained; they asked the board to remove it. The board voted 5-0 to remove the register-of-deeds condition and directed staff to clarify the administrative steps for updating records and minutes.
Votes at a glance - Rachel D. Soa (20 20 Trust) — Variance to Dodge County highway setback ordinance to permit detached garage at N5096 Arrowhead Trail: approved 5-0. Motion: not specified. Outcome: land-use permit to be issued incorporating board decision. - Beth Huber — Variance to Dodge County land use code (subsection 5.1.1 and table 5.1-1) for home addition at N2311 County Highway DJ: approved 5-0 with condition requiring a recorded variance agreement to be filed with the register of deeds prior to issuance of the land-use permit. Motion: not specified. - Roger and Brenda Carlton — Request to remove register-of-deeds recording condition from an earlier variance: approved 5-0. Motion: not specified.
Context and next steps County staff said written comments were accepted through April 16 for the noticed hearings and that the board—s written decisions may be the basis for petitions to circuit court within 30 days after filing. Staff will prepare the Huber variance-recording documents for signature and recording as the board required. The board noted two upcoming on-site agenda items for May 8 in Hubbard and Emmett.
Members and commenters identified in the record included Chairman William Noss (Board of Adjustment), board members Mark Wossmer, John Schaneyke, Russ Kotke and Rodney Johnson; Land Resources and Parks Department staff (Andy); appellants and representatives Mark Soa (appellant/agent for the Soa appeal), Tom Cooper (representing Beth Huber), Roger Carlton and Brenda Carlton; and citizen commenter Jim Ranstrom. The town of Hubbard—s zoning administrator Daniel Guttenberg was listed in a town letter read into the record.
