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Board approves house variances at 1508 Polk Ave., denies deck variance and requires two parking stalls

July 10, 2025 | Walworth County, Wisconsin


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Board approves house variances at 1508 Polk Ave., denies deck variance and requires two parking stalls
The Walworth County Board of Adjustment approved variances to allow a new two‑story house at 1508 Polk Avenue in Delavan but denied a variance for a deck that would encroach into a road vision triangle and required the property to provide two parking stalls, board members said at the meeting.

Nick Sigman, zoning staff, told the board that "the ordinance requires the new structures to be within the footprint and envelope of the existing house for the portions that are within the vision triangle," and noted the county code requires a 10‑foot side yard setback for the house and a 5.3‑foot Polk Avenue setback for the deck. Staff reported the applicants proposed a 5.2‑foot side yard setback for the house and a 3.5‑foot Polk Avenue setback for the deck, and proposed providing one parking stall while a four‑stall minimum applies to a four‑bedroom home under the ordinance.

The board voted to approve the variances related to the house. Elizabeth Sikala, vice chair, made the motion to approve the requested variances for the house; Dave Held, alternate, seconded the motion. The board recorded a unanimous vote of 3‑0 in favor of approving the house variances.

Board members focused most of the discussion on the deck and on parking. Anne Seager, chair, argued against approving the deck variance on safety grounds, saying the neighborhood’s narrow streets and local road uses create visibility concerns. Dave Held told the board that "the vision triangle is sort of important," and Sigman reminded members that the county's vision‑triangle rules apply to structures over 2.5 feet in height: "The vision triangle just pertains to structures that are over 2 and a half feet high." During testimony the applicant said the deck currently has no railing and is about six to eight inches above the ground, and staff noted if a railing is later required the deck height could exceed the 2.5‑foot threshold and require a variance.

After discussion about possible on‑site adjustments (for example, trimming the corner of the deck to meet the setback or building the deck at ground level so it would not exceed the 2.5‑foot height threshold), the board first considered, then rescinded, several interim motions and ultimately adopted a motion to deny the deck variance for encroachment into the vision triangle. Anne Seager moved to deny the deck variance; the motion was seconded and passed unanimously.

On parking, the board heard objections to approving only one parking stall for a four‑bedroom house because the Walworth County ordinance requires four stalls for that size dwelling. Some members raised concerns about creating a precedent for reduced parking. "I think you could be starting a precedence here of allowing only 1 parking stall," Seager said during discussion. Board members noted the lot configuration and existing gravel drive limit the ability to fit code‑compliant parking stalls side‑by‑side; staff pointed out the applicants testified they could not fit a second full code‑size stall without altering the design. The maker of the parking motion modified the request and the board approved a requirement that the lot provide two parking stalls (reduced from the four required by the ordinance for a four‑bedroom home) for this particular property. The motion to approve two parking stalls for the lot carried by unanimous vote.

Board staff said the applicant may be able to redesign the deck or its height so that it does not require a variance, and noted building‑inspector determinations about railing requirements could affect whether additional permits or variances are necessary. The board concluded the item after directing that decisions be reflected in the record; no other formal follow‑up actions were specified during the meeting. The board adjourned and set its next meeting for Aug. 13, 2025, at 9 a.m.

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Scribe from Workplace AI
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