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Remand hearing set for Camp Cleghorn variance after judge vacates prior decision
Summary
The Waupaca County Board of Adjustment scheduled a remand hearing for the Good Templar Training School property (d/b/a Camp Cleghorn) on Sept. 30, 2021; county counsel told the board the rehearing must focus on area-variance (unnecessary hardship) standards and new testimony may be taken.
The Waupaca County Board of Adjustment set a remand hearing for the Good Templar Training School property, doing business as Camp Cleghorn, after a judge vacated the board’s earlier decision, Attorney Crystal Fieber told the board at its Aug. 30, 2021 meeting.
Attorney Crystal Fieber of Hopp Neumann Humpke LLP, who also serves as Sheboygan County’s corporation counsel, said the court has instructed the board to conduct an entirely new hearing that clearly applies area-variance standards. She said the rehearing will allow new testimony and that the applicant, Terrence Zastrow, is now represented by Attorney Brian Formella. Fieber told the board that the rehearing materials will include a focused staff report and a “decision worksheet” limited to area-variance criteria.
Under the county’s unnecessary-hardship standard as explained by Fieber, the applicant must show that denying the variance would prevent the property’s use for a permitted purpose or would make lawful use unreasonably burdensome. Fieber also noted that the written application lists both a garage addition and a second-story addition, but that the need for a variance may apply only to the garage; she advised the board that the exact scope should be confirmed at the public hearing.
Land Use/Code Enforcement Officer Candace Bauer confirmed the remand hearing is scheduled for Thursday, Sept. 30, 2021, at 4:30 p.m. in LL42. The board discussed logistical planning for site viewings and the public hearing: the board agreed to hold viewings the morning of a hearing (around 8:00 a.m., depending on location) and to schedule public hearings in the evening (around 6:00 p.m.) when possible to accommodate members’ schedules and court-reporter availability.
Bauer told the board there are currently two variance applications ready to be heard and recommended scheduling an October meeting in case additional hearings or a second public hearing become necessary. The board took no final action on the substance of the variance at the Aug. 30 meeting; the remand hearing will be the occasion for new testimony, staff reports, and the board’s formal deliberation and decision.
At the start of the meeting, member D. Johnson moved to approve the agenda; G. Marx seconded the motion, which carried. The meeting adjourned at 2:52 p.m. after a motion by G. Marx and a second by J. Fulcher.
