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Waupaca County Board of Adjustment denies variance for Bruss property setback
Summary
The Waupaca County Board of Adjustment voted 4–1 on June 9, 2022, to deny an after-the-fact variance for a dwelling and attached garage on Pine Ct in the Town of Lind, concluding the hardship was self-created and the lot could accommodate a compliant placement.
The Waupaca County Board of Adjustment denied a variance request from Robert and Rita Bruss that sought to allow a dwelling with an attached garage inside highway right-of-way and centerline setback requirements on Pine Ct in the Town of Lind. The board voted 4–1 to deny the after-the-fact request on June 9, 2022.
The applicants testified that removing the noncompliant portion of the garage and dwelling would leave the structure too small to be usable, with Robert Bruss saying, "Having to remove a portion of the garage/dwelling would be a hardship." The applicants and a prior owner, Julie Olk, described a last-minute re-staking of the house after the driveway location was changed during construction and noted a problematic power pole location and mixed paved/gravel road conditions.
Planning and Zoning staff, represented by Candace Bauer, told the board the staff report recommended denial. The report concluded the lot could have accommodated a dwelling meeting the required setbacks, characterized the application as an after-the-fact, self-created hardship and warned that granting a variance would undermine the purposes of the ordinance. "The hardship is self-created," the staff report stated.
Board discussion noted that the survey showed about 21 feet from the rear of the home to the south lot line, compared with a 15-foot minimum rear setback, leaving roughly six feet that could have allowed a compliant placement. Jason Snyder, Zoning Administrator, explained that highway setbacks are measured from the "center of the travelled path," a distance that can differ between paved and unpaved portions of a road.
No members of the public spoke in favor or opposition during the hearing, and Town of Lind Chair Steve Gall, who appeared, said his role had been limited to verifying ditches and that he had no involvement in driveway or house placement. After closing testimony, the board concluded the variance criteria were not met and voted to deny the request (motion by P. Leder, seconded by Vice-Chair D. Johnson; Chair A. Richardson, Vice-Chair D. Johnson, Secretary J. Fulcher and P. Leder voted yes; G. Marx voted no).
The board closed the hearing and moved on to the next agenda item.
