Delavan couple seeks 6‑inch height variance for existing fence amid neighbor dispute; board urges remediation work before decision

Gary and Kathy Mayworm asked the Walworth County Board of Adjustment on June 11 to allow an existing vinyl fence at 300 Inlet Shore Drive in the Town of Delavan to remain at 6 feet 5 inches, a 5‑ to 6‑inch exceedance of the county's 6‑foot maximum.

The request drew attention not for its technical measurement alone but for allegations of ongoing neighbor interference and site erosion. The town of Delavan recommended approval and the applicants presented photographic evidence, a short video and a police report they say documents neighbor Richard Mann power‑washing and otherwise disturbing the fence base, which the Mayworms say caused soil loss and increased the measured fence height.

Kathy Mayworm testified that the fence “is not on the property line, but it is in toward our property line 3 to 6 inches on our side of the property” and that she hired Roth Fencing, which she said installed the panels to the allowable six‑foot height in July 2023. She said county code enforcement later advised the installed fence was out of compliance and that Roth told the Mayworms some spots measure up to 6 feet 6 inches due to soil loss beneath the panels.

County staff read two pieces of written town correspondence into the record: Delavan plan commission minutes noting Roth Fencing initially installed the fence at a maximum of 6 feet and the town board's vote to approve a 6‑inch variance request. The applicants submitted a police report and a short video the board reviewed in the hearing record. The Mayworms said they intend to add treated wood and topsoil behind the fence to reestablish finished grade if that is an acceptable solution.

Board members pressed applicants on long‑term compliance and on whether remedial grading would be durable given the property's slope and the alleged neighbor actions. Chair Ann Seaver noted that if the county grants a variance now and the neighbor later further erodes the base, “you could be back here again” asking for additional relief; she repeatedly urged the applicants to take site‑control steps with Land Conservation staff before the board's decision.

Staff clarified the county measurement standard: fence height is measured from finished grade at the panel to the top of the fence at that same point (side‑by‑side measurements), not from the lowest adjacent ground level across the slope. The board advised the applicants to consult county Land Conservation about methods—such as installing treated lumber and fabric to hold fill and reestablish finished grade—that could be used on the applicants' side of the fence to keep the panel height within the six‑foot limit.

No county decision was issued at the June 11 hearing; the board closed the public portion and scheduled deliberation and a decision for its next meeting. The town of Delavan's plan commission and town board records were entered as exhibits supporting the applicants' request.