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Waupaca County Board approves variance for Juan Garcia to modify roof over highway-setback dwelling
Summary
On Sept. 11, 2023, the Waupaca County Board of Adjustment voted 5-0 to allow Juan Garcia to change the roof pitch of an existing dwelling that sits inside the highway setback at E225 State Road 22, finding the home became nonconforming after the highway was widened.
The Waupaca County Board of Adjustment unanimously approved a variance on Sept. 11 to allow homeowner Juan Garcia to modify the roof pitch of an existing dwelling that lies within the highway setback at E225 State Road 22 in the Town of Dayton.
Board staff said the dwelling became nonconforming when the nearby highway was relocated and the right-of-way widened, and the board concluded the proposed pitched roof would not impair highway safety. Candace Bauer, Land Use/Code Enforcement Specialist, presented the Planning and Zoning staff report recommending approval after an on-site inspection earlier that morning.
Maria Gallegos, reading on behalf of Garcia, told the board the house needs electrical upgrades, insulation and a new roof. "The dwelling was already in place and sold to Juan as being legal," she said, arguing the highway relocation brought the structure closer than the current setback. Bauer's staff report echoed that point, saying "the dwelling became nonconforming when the highway was relocated and the right-of-way widened." The record also includes in-person support from three neighbors.
In deliberations the board applied the county's three-part variance test. Members found (1) literal enforcement would unreasonably prevent use of the property for a permitted purpose, (2) the property's circumstances were unique because the structure predated the highway changes, and (3) granting the variance would not harm the public interest. Each finding passed on motions and 5-0 votes.
Chair A. Richardson moved to approve the request with modifications to allow a roof pitch modification over the entire existing dwelling structure, including mobile home and additions, and without a time limit to complete the project after a land use permit is issued. The motion passed 5-0.
The approval allows Garcia to pursue the roof work after obtaining the required land use permit; no specific construction timeline was imposed by the board. The board closed the hearing and proceeded to the next agenda item.
