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Board approves variance for Christian property to rebuild business despite setback issues
Summary
On Aug. 15, 2019, the Waupaca County Board of Adjustment approved a variance allowing the Christian property in the Town of Mukwa to rebuild/expand a nonconforming business structure in its original footprint, citing a steep hill as a unique physical limitation; the vote was 3–2.
The Waupaca County Board of Adjustment voted 3–2 Aug. 15 to grant a variance that allows the owner of the Christian property in the Town of Mukwa to rebuild a nonconforming commercial structure within highway setbacks.
Lynn Christian-Butrock, representing the property (fire number E8557 on State Road 54), told the board she needed to rebuild and restore the business footprint so it could operate as before. She said recent changes to sideyard setbacks took effect after May 5 and that moving existing elements such as a shed, garage and septic system would be impractical. "We just want to rebuild to be able to get back into business," she said.
Planning and Zoning staff, including Rebecca Fields, recommended denial. Fields told the board the proposed structure would not meet the road setbacks, was already in the right-of-way of a Level III highway and that required interior-operational standards would reduce usable operating space. The town chair also opposed placing the structure in the right-of-way, a position Fields confirmed on the record.
Board members debated whether the property’s steep hill and the existing footprint qualified as a unique physical limitation and whether an allowable buildable area existed on the parcel. J. Fulcher moved to grant the variance and P. Craig seconded. The roll call vote was P. Craig—yes; D. Johnson—no; J. Fulcher—yes; A. Richardson—no; P. Leder—yes, resulting in approval 3–2.
The board’s findings recorded that the steep hill constrained the property’s building envelope (unique physical limitation), that state code requirements imposed hardship on the owner seeking to meet updated standards, and that granting the variance did not increase harm to the public interest beyond preexisting conditions. Planning and Zoning staff said they would schedule dates for a policy-setting meeting following the hearing. The board adjourned at 12:20 p.m.
