Waupaca County board upholds enforcement demand on Van Handel boathouse, 4–1

Chair A. Richardson and a majority of the Waupaca County Board of Adjustment voted Oct. 11 to affirm the Planning and Zoning Director’s enforcement demand against a boathouse constructed by Gerald R. and Doreen Van Handel Trust on Norris Lane in the Town of Farmington.

The board held a public hearing after conducting an on-site inspection of the property earlier that day. Attorney Anders Helquist, representing the Van Handels, told the board his clients “met with the county, had an approval” and that issues “were only raised after construction was complete.” He also argued terms such as “loft,” “attic” and “sidewall” are not defined in the county ordinance and said the structure was designed to county standards.

Candace Bauer, Land Use/Code Enforcement Specialist, said the permit issued Sept. 7, 2021 was conditioned on compliance with Shoreland Protection Ordinance standards and that building plans submitted later prompted the enforcement review. Bauer told the board that under the county’s shoreland rules a boathouse "shall not exceed 400 square feet in floor area, must be open trussed and not have a second floor or loft and the sidewall height may not exceed 10 feet," and recommended modification to remove the upper level to achieve compliance.

Neighbors and a contractor provided conflicting accounts of plan review and inspection. Contractor Paul Schroeder said he met with Land Use/Code Enforcement Specialist J. Henneman on March 2, 2022 and did not receive a follow-up email; Doreen Van Handel said county staff had "given the green light to order all supplies." Two nearby property owners, Scott Panzenhagen and Steve Huhta, testified in support of allowing the boathouse to remain as built.

During deliberation board members split on interpretation of measurement and design details. Member G. Marx said allowing the structure could set a precedent, while M. Strebe and Chair Richardson said the ordinance implies an open-trussed boathouse without a floor. Secretary J. Fulcher moved to affirm the director’s enforcement demand; M. Strebe seconded. On roll call the motion carried 4–1 (A. Richardson—yes; D. Johnson—yes; J. Fulcher—yes; G. Marx—no; M. Strebe—yes).

The board directed that, to comply with the ordinance, the upper portion would need to be modified (members discussed removing the knee wall and any floor and installing open trusses or otherwise eliminating access to the upper space). The hearing was closed and the meeting adjourned at 6:53 p.m.; no future meetings were scheduled at the time of adjournment.