Walworth County Board of Adjustment denies one shoreland variance, approves three others

The Walworth County Board of Adjustment voted March 13 to deny a shoreland setback variance for Lauderdale Residence Trust and to grant three other variances for properties in Delavan Township, East Troy and LaGrange Township.

The board denied the Lauderdale Residence Trust request after members said there was insufficient information about utility easements and because the driveway would still require a variance. "I think this one was tough because we don't have enough information about the easement, whether there is one, whether there's not," said Elizabeth Sikala, vice chair. Sikala moved to deny the request; Anne Seiver, chair, seconded. The motion carried unanimously.

The applicants had asked to build closer to the shore than the 25-foot shore yard setback required by the county's shoreland zoning ordinance. County zoning staff presented a plan showing the house could be placed to meet setback requirements, and commissioners said the driveway remained a concern. Nick Sigman, zoning staff, clarified that lot-line setbacks are measured from the lot line and that utility easements themselves do not change the statutory lot-line setback but can limit construction if the easement holder forbids it.

By contrast, the board approved a variance for Barbara A. Touche and James E. Walsh at 1502 State Street in Delavan Township that slightly reduces a required 25-foot rear-yard setback to 23.5 feet and a 5-foot side-yard setback to 3.9 feet. "This is unique — the whole utility easement goes around this property," Seiver said. The board noted the property is in Assembly Park, where lot configurations and long-term leases have historically prevented strict compliance with standard setbacks. Seiver moved to approve; Rose Smith Miller, secretary, seconded. The motion passed unanimously.

The board also approved a request from Dennis and Lori Gasack in East Troy for an accessory structure that would reduce the required 25-foot street-yard setback to 16.6 feet and the 25-foot rear-yard setback to 3 feet. Commissioners described the lot as triangular and difficult to conform to standard setback geometry. "The shape of the lot is the deal," Sikala said during discussion. Sikala moved to approve; Seiver seconded. The motion passed unanimously.

Finally, the board granted a variance for Kyle and Kelly Salic in LaGrange Township to allow a 15-foot street-yard setback and to permit an addition within a 50-foot vision triangle at W 5566 Wren Street. Commissioners said the intersection and the unimproved road involved make the vision-triangle restriction less critical on this parcel. Rose Smith Miller moved to approve and Sikala seconded; the motion passed unanimously.

Votes at a glance: - Lauderdale Residence Trust (7688 West Shore Drive, Elkhorn): Requested shore-yard relief (less than 25 ft). Motion to deny by Elizabeth Sikala; second by Anne Seiver. Vote: 3–0 to deny. Notes: Board cited unknown easement status and remaining driveway variance needs. - Barbara A. Touche & James E. Walsh (1502 State Street, Delavan Township): Requested rear yard 23.5 ft (vs. 25 ft) and side yard 3.9 ft (vs. 5 ft). Motion to approve by Anne Seiver; second by Rose Smith Miller. Vote: 3–0 to approve. Notes: Board cited unique Assembly Park lot pattern and minimal relief requested. - Dennis & Lori Gasack (N9110 Ash Street, East Troy): Requested street-yard 16.6 ft and rear-yard 3 ft (vs. 25 ft each). Motion to approve by Elizabeth Sikala; second by Anne Seiver. Vote: 3–0 to approve. Notes: Triangular lot created practical hardship, board found minimal public harm. - Kyle & Kelly Salic (W5566 Wren Street, LaGrange Township): Requested street-yard 15 ft and an addition within a 50-foot vision triangle. Motion to approve by Rose Smith Miller; second by Elizabeth Sikala. Vote: 3–0 to approve. Notes: Commissioners noted limited future roadway traffic and minimal vision-safety impacts.

The board’s decisions were procedural land-use variances; no new municipal code changes were proposed. Several commissioners emphasized that easements and utility-holder rights can limit construction even when the zoning setback is met, and staff advised petitioners to confirm easement language with utility holders before proceeding.

The board adjourned after hearing the remaining agenda items and staff reports.