Oneida County Board of Adjustment grants conditional variance for second stairway at Minocqua property

The Oneida County Board of Adjustment voted 5-0 on April 23 to grant a variance allowing a second stairway at 8279 Bassett Road in the Town of Minocqua, provided the property owner submits acceptable documentation to support a reasonable accommodation for a disability, the board said.

The variance addressed Appeal No. 25-007, filed by the Angela Levin Revocable Living Trust and represented by attorney Timothy Melms, which appealed the Planning and Zoning Department's denial of an after-the-fact permit for a second stairway near the ordinary high water mark. The denial followed issuance of other after-the-fact approvals related to shoreland alterations; Planning and Zoning staff issued an after-the-fact permit, a shoreland alteration permit and a mitigation plan for replacement of a stone stairway to a boathouse, a new firepit and deck replacement, but treated the second stairway as a separate permit application and denied it because the ordinance does not allow a second stairway within 75 feet of the ordinary high water mark, Karl Jennrich, Director of Planning and Zoning, said.

During the public hearing, held after an onsite inspection of the property, attorney Timothy Melms questioned Custom Caretaking owner Brad Schillinger and employee Rick Umhoefer about onsite discussions and whether Levin's physical impairment had been communicated to the department when the after-the-fact permit was submitted. Melms also questioned property owner Angela Levin about landscaping choices and physical limitations affecting her access to the waterfront. Melms established on the record that Levin's impairment had not been included with the stairway permit application, according to testimony.

Jennrich told the board that the department had received a complaint that led to the after-the-fact permits and mitigation plan, but that the separate application for a second stairway was denied under the shoreland regulation. "The ordinance does not allow for a second stairway within 75' of the ordinary high water mark and that permit was denied," Jennrich said.

Board members deliberated the standard three-criteria variance test—whether the property has unique physical characteristics, whether granting the variance would harm the public interest, and whether the owner faced unnecessary hardship or loss of reasonable use without a variance. Members discussed alternatives and impacts including whether a lift could serve as an accommodation, erosion concerns if a second stairway were removed, and what documentation the department would require to justify relaxing the standard for persons with disabilities.

On a motion by Mike Pazdernik, seconded by Jeff Verdoorn, the board granted the variance "with the condition that acceptable documentation to support reasonable accommodation be provided to the department." With all members present voting "Aye," the motion carried. The meeting was adjourned at 11:45 a.m.

The board's action allows the property owner to pursue the second stairway only after the department receives the specified documentation; the department record indicates no disability-based relaxation request accompanied the original stairway permit application.