After debate, Brown County BZA grants Keane setback variance at 15 feet

The Brown County Board of Zoning Appeals granted a reduced rear-setback variance for property in the Keene Subdivision after the petitioners agreed to amend their request from a 5-foot to a 15-foot setback.

Planning staff introduced Docket 26-VAR-04, explaining the petition by Galen and Darren Keane to locate an accessory structure five feet from the rear property line at 2660 Lanham Ridge Road. Staff reviewed ordinance standards requiring a finding of special circumstances, hardship, and no material injury to neighboring properties.

Petitioners described a steep slope, limited flat area, and constraints created by the location of septic systems and driveway approaches. Galen Keane told the board that replatting to change lot lines was complicated by mortgages and that moving or shrinking the building would substantially reduce its usefulness. "I will make it work on my end," Galen Keane said when asked whether he could accept a reduced compromise.

Board members expressed concern about setting a precedent for large reductions and emphasized the ordinance’s hardship test. After deliberation a compromise emerged: the petitioner agreed to amend the request to a 15-foot setback. The Chair moved to grant Docket 26-VAR-04 as amended to a 15-foot setback; the motion was seconded and passed by roll call.

The decision included the board’s findings that special circumstances exist for this parcel and — as amended — the reduced setback will not be materially injurious to other properties. The board noted the petitioner must comply with building-permit requirements prior to construction.