Board denies variance to enclose Schlueter deck in Waupaca County

The Waupaca County Board of Adjustment unanimously denied a request to enclose and screen-in an existing deck on a Mukwa Township property, saying the petition did not meet the county’s variance criteria.

Chair A. Richardson called the public hearing on the petition for Schlueter Fam Ir Trust at 9:48 a.m. on Nov. 2. Attorney Sara DeBruin and property owner Lucille Schlueter described the request to vertically expand and enclose a portion of the existing deck at E7715 Cut Off Road (parcel 15-32-735). A neighbor, Lee Shaw, testified in support.

Candace Bauer, Land Use/Code Enforcement Specialist, presented the Planning and Zoning staff report and recommended denial. Bauer said the property ‘‘is currently in use for a residential purpose’’ and that ‘‘having a covered and screened-in deck is not necessary to utilize the property for residential purposes,’’ concluding the petition failed the county’s three variance tests: unnecessary hardship, unique property limitations, and public interest.

The board addressed each test in order. Members found no unnecessary hardship because the dwelling can continue in residential use without the requested enclosure, and they found no unique physical limitations—county officials said the parcel’s shape and size do not prevent compliance. For the public-interest inquiry, the staff report and board members said permitting the enclosure would undermine the county zoning ordinance’s standards for expansions of legal nonconforming structures.

After deliberation the board voted on a motion by Chair A. Richardson, seconded by G. Marx, to deny the variance; Chair A. Richardson, Vice-Chair D. Johnson, P. Leder, M. Strebe and G. Marx all voted yes. The board closed the hearing at 10:43 a.m. and moved on to the next agenda item.