Board denies variance request for rebuild at Pleasant Park Lane; attorney contests measurement method

The Waupaca County Board of Adjustment unanimously denied a petition July 25 by property owner Richard W. Arent to allow a rebuilt dwelling closer than the county’s highway setback on Pleasant Park Lane.

Attorney John Thiel, representing Arent, told the board the property’s pie-shaped lot and dead-end road status made the 63-foot centerline measurement inequitable compared with neighboring lots. “Without a Board of Adjustment all zoning is illegal. Without a variance zoning is a taking,” Thiel said in argument, urging relief for a reasonable building envelope.

Thad Marcom, who testified for the petitioner, said the proposed new structure would be at least as far from the road centerline as the existing house and that the lot’s shape restricted reasonable building area. Counsel and witnesses argued the town’s roadway end and measurement points produced an unusually restrictive result for this parcel.

Planning & Zoning staff, represented by Rebecca Fields, recommended denial, saying the lot contains a buildable area outside the setback and that options exist to rebuild and expand without encroaching on the highway setback.

During the hearing, board members and staff discussed how county measurement is determined. Ryan Brown, the county’s Planning & Zoning director, said the measurement is taken from the road centerline where the town collects gas tax, and the board debated whether alternate measurement approaches would apply; the transcript records no change to the county’s measurement practice.

After deliberation, J. Fulcher moved and A. Richardson seconded a motion to deny the variance. The roll-call vote was unanimous: P. Craig—yes; A. Richardson—yes; J. Fulcher—yes; J. Biddison—yes; D. Johnson—yes. The board’s findings concluded a buildable envelope exists and that the three standards for granting a variance were not met.

The hearing was closed at 11:42 a.m.