Board of Appeals reverses town's R-1 interpretation for Pine Beach Road property, finds American Orthodontics use not in compliance

The Holland Board of Appeals on Dec. 4, 2024 reversed the Town Attorney and Plan Commission's legal interpretation that the dwelling at N2047 Pine Beach Road South in Oostburg complies with R-1 single-family zoning, finding instead that the property is not in compliance with the R-1 district requirements.

Petitioners David Valenti and Larry Britton, represented by Attorney Ellen Anderson and co-counsel of Quarles & Brady, asked the board to review a Plan Commission decision that adopted the Town Attorney's view that the dwelling qualified as a single-family residence. Counsel and parties stipulated several background facts for the record, including that Pine Beach Road South is narrow enough that much of it does not safely accommodate two-way traffic.

During public comment numerous neighbors expressed concern about traffic, septic access, and whether the property functions like transient lodging rather than a family residence. David Valenti, one of the petitioners, read the Holland Town Code motel definition aloud and argued the dwelling operates as accommodations for transient guests: "The definition of motel ... does not say that a fee is required, and that we have a motel going up on Pine Beach Road," Valenti said. Several commenters described repeated short stays, uniform bedroom furnishings, and multiple visitors as evidence that the property functions more like a motel than a single-family dwelling.

Attorneys for the Town and for American Orthodontics offered competing interpretations of the code. Town counsel and Board counsel reviewed the legal standards for ordinance interpretation, citing Holland Town Code provisions and Wisconsin authority that interpretation starts with plain meaning and looks to context and purpose when language is ambiguous. Board counsel, Attorney Michael Bauer, summarized the statutory and case-law framework the Board should apply.

Board members then considered definitions in the ordinance ("dwelling," "residence," and the Town Code's motel definition) and debated whether the property's use is consistent with a single-family dwelling. After initial procedural motions failed for lack of seconds, Member Kenneth Tyler moved to reverse the Town Board's and Plan Commission's interpretation; John DuMez seconded. Clerk Janelle Kaiser recorded roll-call votes: John DuMez Yes; Kenneth Tyler Yes; James Wonser Yes; Neil Teunissen Yes; Jill Huenink No. With four concurring votes, the Board carried the motion and declared the American Orthodontics property not in compliance with R-1 zoning.

Attorney Bauer noted the effect of the vote is that the property does not comply with the R-1 zoning code under the Board's interpretation; the transcript does not record further enforcement steps. The hearing record includes multiple exhibits and an amicus memorandum entered into the record; the Board did not adopt a written opinion during the meeting but made an oral determination reflected in the roll-call vote.