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Board grants shoreline and floodplain variance for Fremont lot but rejects patio
Summary
On June 9, 2022 the Waupaca County Board of Adjustment unanimously approved a variance allowing a 36-by-80-foot building envelope with retaining walls for a Fremont property to enable floodplain compliance and removal of violations; the board excluded the proposed patio and attached several conditions.
The Waupaca County Board of Adjustment unanimously granted a variance on June 9, 2022, for a property in the Town of Fremont to allow construction of a single-family dwelling with an attached garage within a 36-by-80-foot building envelope and to permit retaining walls necessary for floodplain fill. The board approved the request with conditions and explicitly excluded the applicant’s proposed patio from the approval.
Attorney Timothy Anderson and surveyor Chris Perreault presented the application on behalf of the prospective purchasers (identified at the hearing as the Kohls). They told the board the proposal would remove several existing violating structures, improve impervious-surface conditions and increase the vegetative shoreland buffer. Perreault explained that retaining walls were proposed to retain floodplain fill and meet the 50% rule for floodplain nonconforming structures.
Candace Bauer, Land Use/Code Enforcement Specialist, presented the Planning and Zoning staff report, which recommended approval with conditions for the dwelling, garage and retaining walls but recommended denial of the patio. The record included an email from Dale Rezabeck, Shoreland Specialist at the Wisconsin Department of Natural Resources, agreeing with staff’s assessment and an email from Richard Eiberger, Town of Fremont Zoning and Building Inspector, indicating approval of the request.
The board discussed possible conditions and timelines. Staff noted that once a land use permit is issued it locks in the variance approval and that a land use permit in this case is valid for two years. The board approved amended conditions requiring that a land use permit be obtained within two years, that existing structures be removed prior to construction within the approved building envelope, that the sidewalk is not included in the 36-by-80-foot envelope, and that the proposed patio (outside the envelope) is not approved. Motions to amend and to approve carried unanimously.
Attorney Anderson told the board the plan would "result in the removal of several violations," and the board concluded the requested variance would allow a buildable envelope while improving shoreline and floodplain conformity. The board closed the hearing and later adjourned the meeting at 7:00 p.m.
