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Dodge County board denies Subach variances for lakeside deck, citing shoreland and sideyard setbacks
Summary
The Dodge County Board of Adjustment denied two variance requests from Jeffry A. and Alice A. Subach on Aug. 21, 2025 — one for sideyard setback and one for the Ordinary High Water Mark setback — after hearing testimony; both denials passed 4-0.
The Dodge County Board of Adjustment on Aug. 21, 2025, denied two variance requests from Jeffry A. and Alice A. Subach to allow construction of a deck that would encroach on both shoreland and sideyard setback requirements. Both motions to deny were made by Jon Schoenike and carried 4-0.
According to the minutes, the proposed deck would be 53.3 feet from the ordinary high water mark (OHWM), which the minutes describe as 5.35 feet inside the required OHWM setback under the Dodge County Shoreland Protection Ordinance (variances to Subsections 6.1 and 6.2 were requested). The deck would also sit 7.5 feet from the side property line, or 0.5 feet inside the required sideyard setback under Section 5.1.2 of the Dodge County Land Use Code. John Schulenberg of Siding Unlimited spoke in favor of the petition during the public hearing.
The board first voted to deny the variance request to the sideyard setback (motion by Jon Schoenike, seconded by William Nass; vote 4-0) and then denied the variance request to the OHWM setback (motion by Jon Schoenike, seconded by Russell Kottke; vote 4-0). The minutes do not record any conditions or approved alternatives; the denials are recorded as final in the meeting minutes.
Next steps: the minutes do not indicate any immediate appeal or subsequent action. Applicants seeking relief may pursue other administrative routes or circuit court review within statutory timelines if they choose.
