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Random Lake zoning board denies variance to waive pool fence at 177 E Shore Dr
Summary
The Village of Random Lake Board of Zoning Appeals voted 5-0 to deny a variance request to waive a required pool fence at 177 E Shore Dr, finding the applicants did not demonstrate the legal hardship needed; applicants had proposed a locked rigid pool cover and said a fence would block the lake view.
The Village of Random Lake Board of Zoning Appeals voted 5-0 on Sept. 30 to deny a request from property owners to avoid installing a required pool fence at 177 E Shore Dr.
Patricia and Daniel (last name appears in the record variously as "Heidel" and "Heibel"), the applicants, told the board they plan to install an inground pool and asked the board to waive the fencing requirement because "the fence would inhibit the view of the lake," according to meeting minutes. They proposed using a rigid pool cover with a locked mechanical box as their safety measure and noted the lake sits about 50 feet from their property.
The board’s discussion centered on safety, legal precedent and whether the applicants had shown the statutory hardship required for a variance. Member Keri Wallenkamp questioned whether the owners’ homeowner insurer would permit a no-fence arrangement; Daniel Heibel said he had "left a message with his insurance company and has not heard back yet." Chair Gary Smith and other members expressed concern about safety at social gatherings and whether a cover alone would be sufficient. "There is still no noticeable hardship presented," Chairman Smith said during the hearing.
Building Inspector Roger Kison told the board that some other communities allow rigid pool covers in lieu of fencing, and Member Eric Tremblay noted that Sheboygan County recently updated ordinances to permit such covers. Member Becky Soerens suggested the applicants verify coverage with their insurer and, if necessary, pursue an ordinance change through the Plan Commission so that covers could be explicitly allowed in the village code.
After deliberation, Member Wallenkamp moved to deny the variance "as the application does not meet the requirements of hardship." The motion was seconded by Chairman Gary Smith and carried unanimously, 5-0. The board also agreed that the applicants could return to a future agenda after obtaining clarification from their insurer; the minutes note the matter could be added to the following week's agenda if the applicants choose to pursue it further.
The board adjourned at 5:24 p.m.
Notes: The agenda lists the applicants as "Patricia & Daniel Heidel" while the meeting minutes refer to "Heibel" in multiple places; the record contains both spellings.
