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Board approves six-foot fence variance for Lembcke Family near Red Mill, citing safety
Summary
Waupaca County Board of Adjustment granted Lembcke Family LLC a variance to install a six-foot metal fence near the Red Mill waterwheel, finding unique property limitations and that a conditioned fence serves the public interest; vote was 5-0 on Aug. 3, 2023.
The Waupaca County Board of Adjustment on Aug. 3 granted a variance to Lembcke Family LLC to construct a six-foot metal fence within the shoreland setback and above the highway-setback height limit at a Rural Commercial-General (RC-G) property along County Road K in the Town of Dayton. The board approved the request unanimously after on-site inspection and testimony.
Todd and Sheila Lembcke testified they sought the fence to protect visitor safety around the property’s waterwheel and submitted photos of the proposed design. They said a previous fence at the site was removed in approximately November 2020. An email from a neighbor, Diane Forsythe, raising questions about the proposal was read during the hearing.
County staff recommended denial, saying the applicants had not satisfied all three legal criteria for a variance. Staff advised that the ordinance’s dimensional standards should not be undermined and that unnecessary hardship was not established. The board, however, found that unique property limitations — specifically the waterwheel location and steep slope that could pose safety hazards — supported a variance and that a conditioned approval would not harm the public interest.
G. Marx moved to grant the variance with modifications to allow a six-foot metal fence similar to the submitted photos; Secretary J. Fulcher seconded. The roll-call vote was Chair A. Richardson — yes; Vice-Chair D. Johnson — yes; Secretary J. Fulcher — yes; M. Strebe — yes; G. Marx — yes. The board closed the hearing and later adjourned at 11:52 a.m.
The board’s approval was conditioned by describing the fence type and height to address both safety concerns and ordinance intent; the record notes the board preferred an aesthetically pleasing but shorter fence rather than a taller alternative. The approval restores a safety barrier near a public-facing display (the waterwheel) while explicitly limiting the relief granted from setback and height rules.
