Waupaca County board denies Magolski request to expand lakeside garage

The Waupaca County Board of Adjustment voted unanimously May 13 to deny a variance request from Jason M. and Heather M. Magolski to enlarge and vertically expand a garage, attach it to the house, enclose a porch and add living quarters within highway center/right-of-way and shoreline setbacks at E8304 Shaw Road in the Town of Mukwa.

Heather Magolski said the family wants more living space, including a recreation room above the garage and a second-story addition to add a bathroom, and described the lot as “complicated with the setbacks” because of the ordinary high-water mark and the driveway’s roadway classification.

Planning and Zoning Code Enforcement Specialist C. Bauer recommended denial, telling the board the applicants had not met the three legal criteria required for a variance. Bauer said similar Shaw Road lots face the same limitations and therefore the property lacks the required uniqueness, that reducing road and centerline setbacks would harm public safety and that other buildable areas remain on the parcel.

In rebuttal, Jason Magolski disputed the roadway classification and said nearby neighbors were notified and did not object. Board members, however, concluded the record did not establish legal hardship. Chair P. Craig said, “This is a want not a hardship,” and other board members said other options were available on the property.

A. Richardson moved to deny the variance; P. Leder seconded. The roll call vote was P. Craig—yes; D. Johnson—yes; J. Fulcher—yes; A. Richardson—yes; and P. Leder—yes. The board completed its decision-making worksheet, finding no uniqueness, noting harm to public interest from building within highway and ordinary high-water setbacks, and concluding no unnecessary hardship existed.

The hearing was closed at 11:05 a.m. and the board proceeded to the next item on the agenda.