Houston County Board of Adjustment elects chair, approves several setback variances and denies one-dwelling-per-quarter variance

Franklin Hahn was elected chair of the Houston County Board of Adjustment at the start of the evening meeting and the board selected Ken Vissiger as vice chair before taking up a string of variance applications.

The board approved area variances allowing replacement or relocation of accessory structures for several property owners after staff concluded the requests met the local variance tests. Amelia, the board's planning staff member, told the board the Winski application would replace a near-right-of-way garage and recommended a variance that would result in the rebuilt structure sitting about 70 feet from the road center line rather than the 100 feet the county's highway engineer preferred. "Staff recommendation was to grant a variance of 30 feet to meet the 100 foot setback from the center line of County 25 to replace an accessory structure," Amelia said, and the board adopted the staff findings and recommendation on roll call.

In a separate matter, Ben Benjamin and Lavenda Rainey sought relief from setback requirements to keep a proposed 30-by-32 accessory building outside mapped FEMA floodplain and reduce grading needs. Benjamin described his plan and site constraints, saying he had completed surveys and elevation stakes and that neighbours had been consulted: "I've had everything surveyed. Everything has elevation stakes in the ground and everything that I provided," he told the board. Staff and the board discussed specific elevation and grading requirements and allowed a smaller variance so the structure would remain outside the mapped floodway.

The board also approved two variances for Joseph and David Holton in Wilmington Township: a reduced side-yard setback for a proposed accessory structure and an ordinary high-water setback reduction for existing accessory structures. The Holtons described a 36-by-48 building with an open lean and explained that slope and bank conditions constrained alternatives; the board found the minimum-variance and hardship tests satisfied and approved the request by roll call.

A more contested request from Steve and Vicky Nieser to exceed Houston County's rule limiting one dwelling per quarter-quarter section (one dwelling per 40 acres) was denied. Steve Nieser presented a detailed case that building on a 7-acre triangle contiguous to his 33-acre parcel would reduce disturbance and avoid extensive fill and tree removal. He said he planned to make the site his primary residence and argued neighboring landowners had no objection. But staff told the board the application conflicted with the county's density limit; the board went through the required findings and, after roll-call votes, moved to deny the variance from the one-dwelling-per-quarter rule. As the clerk read the roll call on the motion to deny, board members recorded votes in favor of denial and the motion carried.

What the board did and what happens next

- Winski Trust (David and Judy Winski): staff recommended and the board approved an area variance to replace an accessory structure, allowing a rebuilt structure to sit approximately 70 feet from the center line of County 25; applicants were told they may apply for a building permit.

- Ben Benjamin & Lavenda Rainey (Parcel 140198002, Union Township): staff and board approved a reduced property-line/setback variance to keep the building outside mapped floodplain while limiting grading; specifics of the final approved setback reflect the board's adoption of staff findings.

- Joseph and David Holton (Parcel 15032352000, Wilmington Township): board approved a 10-foot side-yard variance and a 17-foot ordinary high-water setback variance for accessory structures after findings and roll-call approval.

- Steve and Vicky Nieser (Winnebago Township): board denied the request for a variance from the one-dwelling-per-quarter-quarter requirement after multiple findings failed to gain majority support; staff had recommended denial.

Quotes and context

"Staff recommendation was to grant a variance of 30 feet to meet the 100 foot setback from the center line of County 25 to replace an accessory structure," Amelia said as she read the recommendation for the Winski Trust case. Applicant Ben Benjamin summarized his site work: "I've had everything surveyed. Everything has elevation stakes in the ground and everything that I provided," he told the board when explaining why he sought the exception to setback rules.

Why this matters

The board's decisions affect where property owners in Houston County can place accessory buildings and, in one case, whether an additional dwelling may be sited on a small parcel. Approvals were granted where the board found practical difficulties, historical farmstead layouts, or narrow buildable envelopes justified limited setbacks; the Nieser denial illustrates the board's reluctance to overturn the county's density limit.

Next steps

Approved applicants were told they may now apply for building permits and must satisfy any remaining county permit, grading and flood-plain elevation requirements; the denied applicant may reapply with alternative sites or additional information addressing the board's findings.

(Reporting based on the Houston County Board of Adjustment meeting transcript.)