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Board denies Patzner request for lakeside addition; ADA accommodation discussed
Summary
The Waupaca County Board of Adjustment denied Gene and Sharon Patzner’s petition to build a residential addition within highway and shoreline setbacks at N2431 W. Columbia Lake Dr., citing lack of uniqueness and public-safety setback concerns; the board discussed ADA accommodation limits but found no requirement to grant the addition and voted 5–0 to deny.
The Waupaca County Board of Adjustment on May 13 denied a variance sought by Gene A. and Sharon A. Patzner to construct a residential addition within highway center, highway right-of-way and shoreline setbacks on a 0.19-acre lot at N2431 W. Columbia Lake Drive in the Town of Dayton.
Agent Steve Sprengers and applicant Gene Patzner told the board the work is intended to create a first-floor bedroom and handicap-accessible bathroom because Patzner can no longer navigate steps. Sprengers and a surveyor said the proposal would mitigate additional impervious surface with permeable pavers.
Planning staff recommended denial, arguing many parcels on the lake chain face the same constraints and therefore the property lacks the uniqueness required for a variance. Staff also said reducing road setbacks would harm public safety and that an area variance is not required for reasonable ongoing use of the property.
County counsel Diane Mueleman and staffer Ryan Brown clarified ADA-related issues: ramps and other temporary reasonable accommodations may be permitted within setbacks but an addition that cannot be removed later is not the same as a temporary accommodation. Mueleman summarized the ADA standard as whether the person is ‘‘unable to enjoy the use of the property without accommodation.’’ Brown noted limited allowances (a one-time 200-square-foot lateral expansion exists under certain conditions) but that the Patzner parcel is disqualified because it sits closer than 35 feet to the water.
Board members expressed sympathy for the owner’s circumstances but concluded the legal variance criteria were not met. P. Leder moved to deny; A. Richardson seconded. The roll call vote was P. Craig—yes; D. Johnson—yes; J. Fulcher—yes; A. Richardson—yes; and P. Leder—yes.
The hearing was closed at 11:49 a.m.
