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Oneida County Board approves variance allowing Teclaw addition near creek
Summary
The Oneida County Board of Adjustment on Feb. 5 approved a variance for the Teclaw Family Irrevocable Trust to place an addition closer than the county's 35-foot buffer from the ordinary high water mark at 6644 W. Emma Lane after an onsite inspection and hearing; the vote was 5-0 with Chair Guy Hansen recused.
The Oneida County Board of Adjustment on Feb. 5 approved a variance permitting the Teclaw Family Irrevocable Trust to build an addition within the county's 35-foot buffer from the ordinary high water mark (OHWM) at 6644 W. Emma Lane in the Town of Crescent.
Vice Chair Mike Pazdernik presided during the hearing after Chair Guy Hansen recused himself. The board convened an onsite inspection at about 9:30 a.m., then held a public hearing at roughly 11 a.m. where the property owners and county staff presented competing views of the shoreline determination and whether a hardship justified a variance.
Ron and Sue Teclaw told the board the proposed placement of the addition was necessary for safety and that the Department of Natural Resources' navigability determination was mistaken because the creek channel ends in about 300 feet at a culvert and offers no practical use for navigation. County staff, represented by Assistant Director Todd Troskey, said the department denied Zoning Permit #2501170 in reliance on state rules and county ordinances, noting the DNR had twice determined the OHWM and that their measurement placed the OHWM roughly 16 feet from the existing dwelling in the proposed addition area.
Board members discussed the three statutory justifications the board must weigh when considering a variance, citing the applicants' safety concerns, site limitations imposed by culvert placement, and whether approval would harm the public interest. After deliberation, Member Jeff Viegut moved to approve the variance; Member Dan Chronister seconded. A roll call vote recorded five votes in favor (Dan Chronister, Jeff Verdoorn, Brad Herrold, Jeff Viegut and Vice Chair Mike Pazdernik). Chair Guy Hansen had recused and did not vote. The motion carried.
The board's approval allows the Teclaw property owners to proceed with the addition as proposed; county staff earlier had stated that, under NR 115 and county zoning ordinances, structure additions are not permitted within 35 feet of an OHWM. The board conducted the onsite inspection and public hearing in accordance with Wisconsin open meetings law and placed witnesses under oath before testimony.
The board adjourned at 11:33 a.m.
