Board denies Masura deck variance, requires permit application and compliance

The Waupaca County Board of Adjustment on July 24, 2025, denied a variance request from Thomas R. Masura seeking to add or retain a deck within the shoreland setback at N2338 South Tammy Trail in the Town of Dayton.

Chair A. Richardson opened the second hearing at 11:07 a.m. Tom Masura spoke in his own behalf and submitted a written letter addressing the variance criteria. Zoning Clerk Becky Landre read an email from Diane Forsythe and a letter from S. Vanden Langenberg, Shoreland Zoning Program Coordinator at the Wisconsin Department of Natural Resources. Candace Bauer, Land Use/Code Enforcement Specialist, read the staff report, which recommended denial.

The board evaluated the three variance tests. Members concluded the hardship was self-created, noting there was sufficient area on the parcel to build a deck outside the setback. They also found no unique physical limitations such as steep slopes or wetlands that would prevent compliance. The board said granting the variance would undermine the purpose of shoreland protections and harm the public interest.

Vice-Chair G. Marx moved to deny the variance; B. Abba seconded. The roll-call vote on the denial was A. Richardson yes; G. Marx yes; P. Leder yes; M. Strebe yes; B. Abba yes. The board then moved to require that Masura submit a Land Use Permit application for a compliant deck within 30 days and complete compliance within the two-year permit expiration; that motion was also approved by unanimous roll call. The board closed the public hearing at 12:02 p.m.