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Board approves after‑the‑fact variance for Silver Springs retaining walls, orders double fees
Summary
The Marquette County Board of Adjustment approved an after‑the‑fact area variance to allow retaining walls and reduced setbacks at a Silver Springs Lake lot, finding unique lot geometry and a high water table created practical hardship. The board attached a condition requiring double fees as a penalty for constructing without prior approval.
The Marquette County Board of Adjustment approved an after‑the‑fact area variance for retaining walls and reduced lot‑line setbacks at a Silver Springs Lake property after public testimony and deliberation.
Applicants told the board they demolished an older house, built a new single‑story dwelling on a sloping lot and discovered a much higher water table when the septic tank was installed, leaving the tank shallower than planned and creating erosion risk. The applicants argued retaining walls and a reduced setback were necessary to prevent runoff onto neighboring lots and to protect the septic system and egress around the house. Anne Marie Sneake, a neighboring property owner, opposed the request during public comment, saying, “Granting this after the fact variance sets a precedent and undermines the enforcement of the ordinances and laws.”
Zoning staff explained applicable sanitary codes for septic placement and said the tank location complied with the septic plan and state standards. The board weighed competing concerns — neighbors’ objections about permitting and precedent against the site constraints the applicants described. Chair Mary Walters said retaining walls were needed for the property to be used as intended and moved that the board approve the variance with an attached condition assessing double fees because the work was completed before approval; the motion was seconded and carried.
The board’s approval included the fee condition for this after‑the‑fact application and instructions to complete any required permitting paperwork with county staff. Jean, the zoning staff member who described appeal rights and record practices, told participants that hearing packets and photographs become part of the permanent hearing record but can be restricted from online posting on request; appeals of Board decisions must be filed in circuit court under Wisconsin Stat. 59.694 within 30 days after filing in the Marquette County Zoning Office.
What happens next: the applicants must finalize required permit paperwork with the zoning office and pay the assessed fees. The board’s decision can be appealed within the statutory timeframe.
