Marquette County Board of Adjustment approves deed‑restriction and setback variance for lakeside garage

Marquette County Board of Adjustment Chair Mary Walters on the record approved both a special exception and an area variance that clear the way for a two‑story garage to be built across the road from an existing residence in the Town of Springfield.

The board approved a special exception under Marquette County Zoning Ordinances chapter 70 §70.5(l) for applicant Mark Sweet and attached a condition requiring a deed restriction so the accessory parcel cannot be sold separately from the principal lot. The board also granted an area variance under chapter 70 §70.52(b)(3) to reduce the highway setback to allow the detached garage, after concluding that the lot’s size and terrain create an unnecessary hardship.

The applicant, identified in the packet as Mark Sweet of 304 Lord Lane in Watertown, told the board the lot is cut into a hillside and that a two‑story design would minimize excavation while providing upstairs storage. “It’s strictly storage,” Sweet said, describing the upstairs space as storage only and the downstairs for a pontoon, ski boat and car. Zoning materials in the board packet included a certified survey map, aerial photos and a site video presented by zoning staff.

A nearby property owner who spoke in favor — recorded in the hearing transcript as Dan (transcribed both as “Pompa” and later as “Poplar”) — said similar accessory buildings exist across the lake and urged the board to allow the same opportunity for the applicant.

Chair Walters moved to attach the deed‑restriction condition so that when the time comes to sell, the two parcels must be conveyed together; the motion was seconded and carried by voice vote. Board members cited common practice for lake properties, the narrow, sloped lot, and the lightly traveled character of 5th Drive in supporting the requests. Lance Octoburg said, “This is actually quite common with lakefront property.” Board discussion described the proposed garage as roughly 30 by 30 feet and not excessive in scale for the area.

In explaining the variance, the chair read the ordinance language requiring a 63‑foot setback from the centerline of certain highways (or 30 feet from the right‑of‑way, whichever is greater) and said the applicant requested reduction to 43 feet from the center line of 5th Drive. The packet listed the lot dimensions as about 50 by 100 feet and gave an area of 4,871 square feet. The board found the lot size and slope limited buildable area and concluded the variance would not harm public safety.

The board instructed the applicant to obtain all required permits and said zoning staff Jean would assist with the permitting process. Jean also reminded members of appeal rights under Wisconsin Statutes §59.694: board decisions may be appealed to circuit court within 30 days after filing the decision with the Marquette County Zoning Office.

With no opponents appearing and no further public testimony, the board completed deliberations, approved the special exception with the deed‑restriction condition, granted the setback variance, and adjourned. Members discussed scheduling a December meeting and agreed to confirm a date; no other substantive business was pending at adjournment.