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Applicant withdraws Shiocton variance request after DNR and village permitting concerns

Village Board of Trustees of the Village of Shiocton · December 30, 2024
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Summary

Rick Samz withdrew his request for a variance to permit a 5‑foot side-yard setback after the Wisconsin DNR flood contact said 41 inches of fill would be required to meet base flood elevation and village staff said required permits and erosion-control plans were not yet submitted.

The Village Board of Trustees of the Village of Shiocton heard on Dec. 30 that a variance request from property owner Rick Samz has been withdrawn after state and village officials outlined floodplain and permitting requirements.

The board resumed a public hearing on Samz’s request for a variance under Ordinance 13-1-22(d)(3) to allow a 5‑foot side-yard setback. Clerk Laurie Sweeney reported that at a Dec. 19 meeting DPW official Dan Conradt had said a frost wall and crawl space might avoid additional fill, while Samz told the board he planned to bring in 24 inches of fill.

Ryan Pickler, the Department of Natural Resources flood contact, told Samz that “in order to meet the base flood elevation, [you] must bring 41 inches of fill in before [you] build anything,” and that “any crawl space must be on top of that 41 inches.” Pickler also said Samz would need a drainage plan to prevent runoff onto neighboring properties and suggested a retaining wall and drain tile.

Clerk Laurie Sweeney said she had received an email from the building inspector stating that the zoning administrator cannot authorize an early start to excavation; only the building inspector can. She said she has stopped work at the site until Samz submits an erosion control plan, a permit application and other required paperwork.

After hearing those requirements, Samz told the board he would withdraw his variance request “until I contact the building inspector and the DNR to go over [my] plans,” and the record shows the request was withdrawn. The board then moved to adjourn the public hearing and convene the regular meeting; Trustee Dawes moved, Trustee Bunnell seconded, and the motion passed.

No formal vote on the variance was taken because the applicant withdrew the request. The clerk noted that Samz must return with any revised plans and the required filings before the board can consider the variance again.

The board adjourned at 5:10 p.m.