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Dodge County board approves driveway setback and impervious-surface variances for Graczyk with mitigation conditions
Summary
The Dodge County Board of Adjustment on Sept. 18 approved two variances for Jeffrey J. Graczyk allowing an existing driveway to remain inside the shoreland setback and exceed impervious-surface limits, conditioned on removing concrete over the property line and installing a trench drain to an on-site infiltration device. Votes were 4-0.
The Dodge County Board of Adjustment on Sept. 18 approved two variances for Jeffrey J. Graczyk that allow an existing driveway to remain inside the ordinary high-water mark setback and to exceed the land use code's impervious-surface limits, provided the owner completes specified mitigation.
The board, chaired by William Nass, approved a variance to the mitigation requirements of the Dodge County Shoreland Protection Ordinance and a separate variance to the OHWM setback provisions. Both motions passed by a 4-0 recorded vote. Rodney Justman moved the first mitigation variance and Brad Kufalk seconded; Kufalk moved the OHWM setback variance and Justman seconded.
Under the staff report and the board's motions, the driveway as constructed is 55.5 feet from the ordinary high-water mark — 19.5 feet inside the required setback — and the parcel's impervious surface totals 31.29%, which the staff identified as 1.29 percentage points over the allowable threshold without mitigation. The board approved the variances with identical conditions: the owner must remove any concrete extending over the property line, and must install a trench drain along the southeast side of the driveway on the owner's property that conveys stormwater to a designed infiltration device located on the owner's property.
Andy O'Brion of the Dodge County Land Resources and Parks Department confirmed the meeting was properly noticed and presented the staff report on the applications and applicable code provisions (Subsections 6.1 and 9.5 of the Dodge County Shoreland Protection Ordinance). Chairman William Nass and board members asked no modifications to the staff-recommended conditions before the motions were approved.
Because the board granted the variances, staff was directed to issue a land use permit incorporating the board's conditions. The board's decision is subject to judicial review: any person aggrieved by the Board of Adjustment's decision may file a petition in the county circuit court within 30 days after the decision is filed with the Board.
The approval resolves the immediate permit question but imposes the ordered mitigation and a requirement to remove overhanging concrete as conditions of lawful site work going forward.
