Waupaca County board denies Warren request to build garage inside required setbacks

The Waupaca County Board of Adjustment voted unanimously on Sept. 6, 2018 to deny a variance petition from Gregg and Mary Kay Warren that would have allowed construction of a 16‑by‑18‑foot garage within required road and side‑yard setbacks on a small lot in the Town of Farmington.

Chair Craig opened the public hearing at 9:41 a.m. on the petition for Lot 28 of the Plat of Columbian Park, a 0.158‑acre parcel along Whispering Pines Road. Gregg Warren testified the lot is “a non‑conforming lot and much smaller than nearby lots,” and said he and his wife need an enclosed garage because of safety and health limitations affecting family members and to reduce “significant wear and tear on motor vehicles.” Attorney Thomas Hart said having a vehicle in a closed space “would make it safer for them to transition from the house to vehicle.”

A neighbor, Greta Hammond of E1031 Whispering Pines, testified in favor of the garage, saying it would make the family’s life “more comfortable and safer” and noting the placement of other garages in the area.

Zoning Administrator Jason Snyder provided the staff report, noting a packet error that had incorrectly indicated a 2014 variance was granted when it had been denied. Snyder summarized the relevant provisions of the Comprehensive Zoning Ordinance (Chapter 34), including Level III highway setback requirements (63 feet from the center of the traveled path or 30 feet from the right‑of‑way, whichever is greater) and a minimum side‑yard setback of 10 feet in the Sewered Residential (SR) district. Snyder said the parcel measures 6,889 square feet and that the applicant had not demonstrated the necessary property‑based hardship or unique physical limitation; staff recommended denial.

In rebuttal, Attorney Hart said the applicants had exhausted other options and reiterated safety concerns; Gregg Warren said the existing 10‑by‑10 shed (about 105 square feet) would be removed and that few trees would be removed for the proposed garage. Board members asked clarifying questions about the shed and tree removal.

During deliberation, P. Leder said the lot‑size and setback averaging created a placement challenge, but Chair Craig and other members concluded the three statutory criteria for a variance—unique physical limitation, unnecessary hardship tied to the property, and no harm to the public interest—were not met in this case. A. Richardson said the matters raised were architectural or personal circumstances rather than property constraints. A motion to deny the petition was made by A. Richardson, seconded by D. Johnson, and passed by unanimous roll call (P. Craig—yes; J. Fulcher—yes; A. Richardson—yes; P. Leder—yes; D. Johnson—yes).

The hearing was closed at 10:21 a.m. Chair Craig then introduced James Biddison as the board’s new alternate member. The meeting adjourned at 10:48 a.m.