Board of Adjustment finds Van Handel boathouse violates shoreland rules, narrows enforcement

The Waupaca County Board of Adjustment on Nov. 13, 2023, concluded that a boathouse at N2702 Norris Lane owned by the Gerald R. & Doreen Van Handel Trust violates parts of the county’s Shoreland Protection Ordinance but narrowed the county’s enforcement remedy.

Chair A. Richardson opened the hearing at 9:32 a.m. after the board conducted an on-site inspection of the property earlier that morning. The appeal came to the board on remand from Circuit Court Case No. 22-CV-282; the Planning and Zoning Director had issued an enforcement demand alleging violations of Section 6.1(1)(a)(7), (8) and (10) of Chapter 32 of the Waupaca County Code of Ordinances related to boathouse standards in the Sewered Residential district on roughly 0.47 acres.

Attorney Anders Helquist, representing the applicants Gerald R. & Doreen Van Handel Trust, asked the board to overturn the enforcement demand or to modify the required remedy, arguing factual and evidentiary points about the boathouse’s construction. Attorney Dawn Klockow and Attorney Crystal Fieber represented the Planning and Zoning Office and objected to several exhibits; the board sustained objections to Exhibits 5, 6 and 10 after counsel argued their admissibility.

Candace Bauer, Land Use/Code Enforcement Specialist for Waupaca County, presented the staff report recommending enforcement. Ryan Brown, Planning and Zoning Director, testified and answered questions about the zoning determination. Witness Paul Schroeder testified for the applicants, and several written letters and one in-person supporter were read into the record on behalf of the Van Handels.

During deliberations, a motion by M. Strebe to affirm the Director’s determination (i.e., to uphold the enforcement demand in full) failed on a roll-call vote: A. Richardson—yes; D. Johnson—no; J. Fulcher—no; G. Marx—no; M. Strebe—yes.

A subsequent motion by G. Marx carried unanimously. The motion agreed with the Zoning Director’s interpretation that the boathouse exceeds 400 square feet of floor area, is not open-trussed and includes a second floor; it reversed the enforcement demand specific to the boathouse sidewall height exceeding 10 feet. The motion also included requirements that the second-story exterior door and the second-floor floor/ceiling be removed. The roll-call vote on that motion was recorded as A. Richardson—yes; D. Johnson—yes; J. Fulcher—yes; G. Marx—yes; M. Strebe—yes.

The board closed the hearing at 4:36 p.m. Becky Landre, Zoning Clerk, recorded the proceedings and prepared the minutes. The board’s action resolves which structural findings the county will enforce and narrows the remedy the county may require for this boathouse; parties may pursue any remaining legal options consistent with the court remand and local ordinance.