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Board of Appeals denies variance for structure at 110 Palisade Court and upholds removal order
Summary
The Board of Appeals denied an 8-foot variance request from Kerry Grosse and Mary Ripp after they were issued a stop-work order for constructing an attached structure within the 10-foot side-yard setback; the Board upheld the administrative removal order and the $150 red tag fine.
The Village of Merrimac Board of Appeals heard an appeal June 16 from Kerry Grosse and Mary Ripp seeking an 8-foot variance for a structure built at 110 Palisade Court. Grosse said he initially intended to build a lean-to next to his garage but the work expanded into a larger attached structure. Village Building Inspector Matt Paske issued a stop-work order after finding that a 12-by-35-foot attached garage had been constructed 8 feet into the village’s 10-foot side-yard setback.
Administrator Jennie Klecker informed the Board that a red-tag fine of $150 was issued for failure to obtain a building permit prior to construction. The Board reviewed a supporting letter from John Holzbauer, president of the Merrimac Landing Condominium Owners Association, which favored the variance, and a letter from Wisconsin & Southern Railroad (an adjacent landowner) urging denial and immediate removal of the unauthorized structure.
On motions from Amy Buffardi and Cheryl Anderson the Board denied the 8-foot variance and upheld the administrative removal order; both votes were recorded as unanimous. The minutes state the owner must remove the unlawful structure in accordance with the administrative order.
The Board of Appeals adjourned at 5:57 p.m. following the decision. The minutes do not record a timetable for removal or further enforcement steps beyond the upheld order.
