Oneida County Board of Adjustment denies fence-height variance request for Minocqua homeowner

The Oneida County Board of Adjustment on June 4 denied a request by property owner Sarah Ashby to build a residential fence taller than the six-foot limit, voting 3-2 after an on-site inspection and argument from neighbors and county staff.

Ashby, the owner of the home at 9455 Country Club Road in the Town of Minocqua, told the board she had rented the house before purchasing it and had relied on a line of mature spruce trees along the south boundary for privacy. "There was privacy with mature spruce trees lining the south boundary," Ashby said, and she said she coordinated with the neighboring owner when that line of trees was removed. She told the board she sought a higher fence to block oncoming headlights from Country Club Road and exterior lighting from a neighboring home and submitted a letter of support from another property owner further south.

Todd Troskey of the Planning and Zoning Department said the department's denial was grounded in the county's zoning ordinance, which sets a six-foot maximum height for residential fences. "The department's decision for denial was based on the ordinance that the maximum height allowance is six feet for a fence in a residential area," Troskey testified.

Neighbor Mary Zenisek, who was present at the on-site inspection, described clearing the tree line for safety reasons and said the angle of Country Club Road generates frequent headlights toward Ashby's house. "We have no problem if Ms. Ashby were to increase her fence height another two and a half feet," Zenisek told the board and added that she plans to build a garage that would further block headlights and exterior lighting from her property.

During deliberation the board discussed whether the property met the three legal justifications required for a variance, alternative ways to block light, and whether the site conditions were unique enough to warrant relief. Dan Chronister moved, and Guy Hansen seconded, a motion finding that "any or all of the three justifications for a variance request have not been met" and to deny the request. The vote was recorded as: Chronister yes; Viegut no; Verdoorn yes; Pazdernik no; Hansen yes. The motion carried.

The board had conducted an on-site inspection at approximately 9:30 a.m. before the public hearing. Chair Guy Hansen adjourned the meeting at 11:40 a.m.

Appeal: No. 2600128; zoning permit: #2600064; property: 9455 Country Club Road, part of NE NE, Section 23, T39N, R6E, PIN MI-2327-6, Town of Minocqua.