Board of Adjustment approves reduced setback for Emerald Lake deck after 2-1 vote

The Marquette County Board of Adjustment on July 31 approved an amended variance allowing a deck to be built 5 feet from the lot line at Lot 35, Emerald Lake Estates, after the applicant offered to reduce the deck width.

Chair Mary Walters summarized application materials and showed a video of the property before the public hearing. Applicant Jacob Dwyer requested the variance under Section 70.20(C) of the Marquette County Code of Ordinances, seeking a reduced setback for a deck at W5878 Fish Court. Dwyer clarified the size of the original deck prior to a house remodel and offered to limit the new deck’s width to 5 feet to reduce its impact.

No members of the public spoke for or against the request during the hearing. Member Lance Achterberg moved to amend the application to the 5-foot setback to accommodate the 5-foot deck width; the Chair seconded. That procedural motion was recorded as carried. After board deliberation, the amended variance was approved by Chair Mary Walters and member Lance Achterberg, who said the lot’s irregular shape and a steep slope on the water side made strict compliance impractical. Member Fred Wollenburg opposed the amendment, stating the structure was not amenable to the 10-foot setback. The amended application passed by a 2-1 vote.

The board’s action authorizes the applicant to construct the deck under the terms of the approved variance. Jean Potter, who explained appeal procedures earlier in the meeting, also advised attendees on how to appeal Board of Adjustment decisions. The board’s next meeting is scheduled for Aug. 28 in the Public Safety Room at the Marquette County Courthouse.

The hearing record shows the board considered the lot shape and slope, the applicant’s offer to downsize the deck, and the absence of public opposition in reaching the decision.