Zoning Board Denies Variance for Sheboygan Addition; Owner Must Remove Nonconforming Work Within 30 Days

At its March 18 meeting, the Sheboygan City Zoning Board of Appeals denied a variance requested by homeowner David Rapinsky for an addition at 1314 Jefferson Avenue that encroaches on required setbacks.

Board members heard from staff that the city's rear-line setback is 20 feet and that the applicant’s addition sits about 3.1 feet from the rear property line. Staff also said the city’s aggregate sideyard requirement is 15 feet but the addition yields roughly 6.1 feet total, and that the house is a legally nonconforming structure that may not be enlarged under current code.

"I don't see a unique property hardship," a board member said before moving to deny the variance, noting the board must apply the three legal criteria for a variance rather than base the decision on aesthetics. Staff recommended denial.

Applicant David Rapinsky told the board he believed he had obtained the proper permit and described the addition as work to address termite damage and to create a safer bedroom and basement egress for a nonverbal 16-year-old in the household. "I thought I had the right permits," Rapinsky said, adding that he had raised the work with city staff and that neighbors had offered written support.

A building inspection staff member said the addition was constructed without the proper permitting steps and that footing and other inspections were not requested; "If the footing would have been called in originally, it would have been caught," the inspector said, noting the assessor later flagged the work.

Board members discussed whether the board could delay action until the city's zoning code rewrite is complete. City staff said the rewrite is under review and that committee meetings are scheduled but there is no guarantee or firm timetable for changes to the code; staff advised that waiting indefinitely was not appropriate and that reapplication to the board after any code change would be the applicant’s recourse.

The board voted 2–1 on the motion to deny the variance. The chair announced the motion carried and that the variance request was denied. Staff told the applicant he will receive a written letter explaining the board’s action, the ordinances cited, and next steps; the city indicated the nonconforming portion of the structure must be removed within 30 days from the decision unless the applicant requests and receives a written extension from the city.

Staff encouraged Rapinsky to contact his alder to raise concerns about how the city handles nonconforming lots in the code-rewrite process. The board also explained the applicant may reapply in the future if and when code changes or if a new application is filed in accordance with city rules.

The Zoning Board of Appeals adjourned after completing the agenda; staff said it would send enforcement instructions and contact information to Rapinsky by mail.