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Board denies 6‑foot‑5‑inch fence height variance for Delavan property

June 12, 2025 | Walworth County, Wisconsin


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Board denies 6‑foot‑5‑inch fence height variance for Delavan property
The Walworth County Board of Adjustment voted to deny a request from Gary and Kathy Mayworm for a fence height variance at 300 Inlet Shore Drive, Delavan. The applicants asked to allow a 6‑foot‑5‑inch fence where the county ordinance permits a maximum height of 6 feet.

Board members said the dispute between neighbors, documented in materials the applicants submitted, appeared to be a private civil matter that the board cannot resolve through a zoning variance. One board member said the police reports and restraining orders presented at a prior hearing “belong over to the courthouse,” arguing the county zoning board was not the proper venue to settle such disputes.

Zoning staff clarified the property is zoned R‑2a, single‑family residence district, and explained the variance request pertains only to fence height under the Walworth County Shoreland Zoning Ordinance. Several board members said granting the small additional height — five inches — would not address the underlying neighbor conflict and could prompt repeated requests for incremental increases.

A board member noted the board must apply the three variance criteria — unique property limitations, unnecessary hardship and no harm to the public interest — and said the Mayworms had not demonstrated unique property constraints. Another member said that even if the board could grant the 6‑foot‑5‑inch request, doing so would not resolve the long‑term neighbor dispute.

The motion to deny the variance carried; the board recorded the variance as denied. No additional follow‑up was recorded at the meeting.

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Scribe from Workplace AI
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