Board of Adjustment Meeting Agenda Packet (PDF)

Notice in compliance with the Americans with Disabilities Act: 1) Any person needing assistance to participate in this meeting should contact the Office of the County Clerk at (920) 746-2200. Notification 72 hours prior to a meeting will enable the County to make reasonable arrangements to ensure accessibility to this meeting. 2) Door County is committed to making its electronic and information technology (e.g., website and contents) accessible for all persons. If you encounter difficulty accessing the posted materials for this meeting, located on-line at https://www.co.door.wi.gov/AgendaCenter under the committee name, or have trouble accessing the virtual meeting, please call (920) 746-2323, or send a FAX to (920) 746-2387, or send an e-mail to Lriemer@co.door.wi.us so that we may determine how to best assist you. AGENDA 1.0 Call to order and declaration of quorum 2.0 Vote for Chairperson 3.0 Vote for Vice-Chairperson 4.0 Discuss and arrive at a decision on Petition(s) for Grant of Variance 4.1 Mike Kickbush; accessory structure on vacant parcel; Washington; PIN 0280102332931E (1061 Old West Harbor Rd.) 4.2 Kregg & Melanie Shilbauer; accessory structure on vacant parcel; PIN 0220112282511K3 (5049 Bay Shore Dr.) 5.0 Final disposition of the following case(s) considered by the Board of Adjustment on July 28, 2026. 5.1 Betty Wall; ordinary high-water mark setback; Sevastapol; PIN 0220328282734E (4120 Glidden Dr.) 6.0 Read and act on minutes of July 28, 2026, meeting 7.0 Future meeting schedule: • September 8th: Business Meeting • September 22nd: Public hearing • October 13th: If necessary; possible public hearing 8.0 Vouchers 9.0 Adjournment Deviation from order shown may occur. Bob Ryan, Chair Door County Board of Adjustment c/o Door County Land Use Services Dept. Door County Government Center 421 Nebraska St. Sturgeon Bay, WI 54235 Notice of Public Meeting Tuesday, August 25, 2026 4:30 p.m. DOOR COUNTY BOARD OF ADJUSTMENT Door County Government Center Peninsula Room (C121, 1st floor) 421 Nebraska Street, Sturgeon Bay, WI USE THE 4TH STREET ENTRANCE, ACROSS FROM THE LIBRARY. Applicants and others who wish to speak must attend in person. Members of the public who wish to simply monitor/observe the hearings and meeting may attend in person or do so remotely by using the link below, or via the Zoom smartphone app, or by calling (312) 626-6799. Link: https://us02web.zoom.us/j/85946314741?pwd =bTHaqWkxIPK2ooOgmSYhsuH96PMq5l.1 Zoom ID: 859 4631 4741 Passcode: 466248 1 1 NOTICE OF PUBLIC HEARING BEFORE THE DOOR COUNTY, WI BOARD OF ADJUSTMENT DOOR COUNTY GOVERNMENT CENTER 421 NEBRASKA ST. STURGEON BAY, WI 54235 A public hearing held by the Door County Board of Adjustment (BOA) on Tuesday, August 25, 2026, will be in the Door County Government Center Peninsula Room (C121, 1st Floor). Use the 4th Street entrance, across from the library. Applicants and others who wish to offer oral testimony must attend in person. Members of the public who wish to monitor/observe the meeting may attend in person or do so remotely by using the link below, or via the Zoom smartphone app, or by calling (312) 626-6799. Link: https://us02web.zoom.us/j/85946314741?pwd=bTHaqWkxIPK2ooOgmSYhsuH96PMq5l.1 Webinar ID: 859 4631 4741 Passcode: 466248 The hearing will begin at 4:30 p.m. to consider the following application(s) for a variance, as specified in the Door County zoning ordinance(s): TOWN OF WASHINGTON Mike Kickbush, on behalf of the Bordeau-Jones Revocable Trust, is requesting a variance from Section 3.12(4) of the Door County Comprehensive Zoning Ordinance which requires accessory structures on lots without an associated principal structure to be a maximum of 120 square feet, not greater th an 13 feet 6 inches in height, and have no water service, sanitary waste disposal, or electricity connected to the structure . The applicant proposes a 30’ x 24’-6” (735 square feet), 15’ 1 ¼” tall, accessory structure on the vacant lot located east of the public road right-of-way with electricity. This proposal is located on lot east of 1061 Old West Harbor Rd. SEVASTOPOL Kregg & Melanie Shilbauer request a variance from Section 3.12(4) of the Door County Comprehensive Zoning Ordinance which requires accessory structures on lots without an associated principal structure to be a maximum of 120 square feet, not greater than 13 feet 6 inches in height, and have no water service, sanitary waste disposal, or electricity connected to the structure. The applicants propose to construct a 30’ x 40’ garage, 23’-3” tall, which includes a loft, on the vacant lot located east of the public road right-of-way with electricity. The vacant lot is east of 5049 Bay Shore Dr. Written testimony will be accepted on 8 1/2" x 11" paper, or by email to LUSdepartment@co.door.wi.gov, and must be received 48 hours prior to the day of the hearing. Anonymous correspondence will not be accepted. Written testimony is available for inspection upon request. Written testimony is entered into hearing records, but is not read aloud. Please Note: Correspondence or testimony submitted for town-level proceedings does NOT get forwarded to the county. All application materials may be viewed on-line approximately four business days before the hearing at: https://www.co.door.wi.gov/AgendaCenter . Additional materials may be posted up until 4:30 p.m. the day before the hearing. The list of names to whom this notice was sent by regular mail is available upon request. Bob Ryan, Chairperson Board of Adjustment c/o Door County Land Use Services Dept. Door County Gov’t. Center 2 2 421 Nebraska St., Sturgeon Bay, WI 54235 Phone: (920) 746-2323 | FAX: (920) 746-2387 Publication Dates: August 7, 2026, & August 14, 2026 3 Petition for Grant of Variance STAFF REPORT Applicant Information Property Owner: Bordeau-Jones Revocable Trust Applicant: Mike Kickbush, Architect Parcel Number & Address: 028-01-02332931E (1061 Old West Harbor Rd.) Request: Mike Kickbush, on behalf of the Bordeau-Jones Revocable Trust, is requesting a variance from Section 3.12(4) of the Door County Comprehensive Zoning Ordinance which requires accessory structures on lots without an associated principal structure to be a maximum of 120 square feet, not greater than 13 feet 6 inches in height, and have no water service, sanitary waste disposal, or electricity connected to the structure. The applicant proposes a 30’ x 24’-6” (735 square feet), 15’ 1 ¼” tall, accessory structure on the vacant lot located east of the public road right-of-way with electricity. Zoning Information Current parcel description and zoning district: Parcel Description: The subject parcel contains 2 lots approximately 1.15 acres with 105 ft. of road frontage along Old West Harbor Rd. Old West Harbor Rd. is a town road with low to moderate traffic levels. Lot 1 is located on the west side of the road and contains approximately a quarter acre of area. Lot 2 is located on the east side of Old West Harbor Rd and contains approximately an acre in area. Zoning and Uses: The subject lot is located in the Recreational Commercial (RC) zoning district and shoreland. The western lot contains a single-family residence. Surrounding Area: Lots located on Old West Harbor Rd. are zoned Recreational Commercial (RC), while lots located to the south on Old West Harbor Rd. are zoned Single Family Residential- 30,000 (SF-30). Lots located to the east are zoned General Agricultural (GA). Washington Island Core area is located approximately a half mile away from the subject parcel. Background Information:  1966: Subject lot created legally via recorded dee d  1968: Town of Washington adopted County zoning.  1995: Town of Washington adopted current County Co mprehensive Zoning Ordinance.  2000: County Sanitary permit issued for replacemen t Private Onsite Wastewater Treatment (POWTS) located on eastern lot.  2006: County Zoning permit issued for structural r epair of the roof and deck of the single-family residence Purpose & Intent of Ordinances Comprehensive Zoning Ordinance: (1) to promote the public health, safety, convenience, and general welfare; (2) to encourage planned and orderly land use development; (3) to protect property values and the property tax base; 4 (4) to permit the careful planning and efficient maintenance of highway systems; (5) to ensure adequate highway, health, educational, and recreational facilities; (6) to recognize the needs of agriculture, forestry, industry, and business in future growth; (7) to encourage uses of land and other natural resources which are in accordance with their character and adaptability; (8) to provide adequate light and air; (9) to encourage the protection of groundwater resources; (10) to preserve wetlands; (11) to conserve soil, water, and forest resources; (12) to protect the beauty and amenities of landscape and man-made developments; (13) to provide healthy surroundings for family life; and (14) to promote the efficient and economical use of public funds. Other Considerations: There is no buildable area on the western lot for a detached garage or for an addition to the principal structure. Reasonable Use of the Property (without a Variance):  The lot and existing residence building may contin ue to be used for single family residence purposes. Cumulative Zoning Effects (with a Variance): None Alternatives to a Variance:  An accessory structure up to 120 square feet could be permitted on the eastern vacant lot without a variance.  A 750 square foot single-family residence may be c onstructed on the eastern vacant lot, and then a larger accessory building may be constructed after the principal structure is established. 5 Town Level Map Lakes County Trunk Highway Core Areas Municipality Lake Michigan 6/25/2026 0 1.5 30.75 mi 0 2.5 51.25 km 1:134,838 6 Neighborhood Map Calvin Lawrence, Dennis Weise, Nina Rihn Lake Class Areas Wetland Class Areas Roads Town ROW Easements Conservation Easement Parcel Gap Overlap Parcel Boundaries 6/25/2026 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:11,859 7 Close up - Aerial Address Roads Town ROW Parcel Overlap Parcel Boundaries 6/25/2026 0 0.03 0.050.01 mi 0 0.04 0.080.02 km 1:2,265 8 Zoning Map Calvin Lawrence, Dennis Weise, Nina Rihn Lake Class Areas Wetland Class Areas Roads Town ROW Easements Conservation Easement Parcel Gap Overlap Parcel Boundaries Comprehensive Zoning Mixed Use Commercial Recreational Commercial General Agricultural Estate Single Family - 30,000 Wetland 6/25/2026 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:11,859 9 10 Application Materials Submitted 11 12 13 14 15 16 17 LETTER(S) IN FAVOR VARIANCE Bordeau-Jones Revocable Trust 18 19 Petition for Grant of Variance STAFF REPORT Applicant Information Property Owner & Applicant: Kregg T & Melanie A Shilbauer Trust Parcel Number & Address: 022-01-12282511K3 (5049 Bay Shore Dr) Request: Kregg & Melanie Shilbauer request a variance from Section 3.12(4) of the Door County Comprehensive Zoning Ordinance which requires accessory structures on lots without an associated principal structure to be a maximum of 120 square feet, not greater than 13 feet 6 inches in height, and have no water service, sanitary waste disposal, or electricity connected to the structure. The applicants propose to construct a 30’ x 40’ garage, 23’-3” tall, which includes a loft, on the vacant lot located east of the public road right-of-way with electricity. Zoning Information Current parcel description and zoning district: Parcel Description: The subject parcel contains 2 lots due to being bisected by a public right- of-way. The lots total approximately 1.3 acres with 128 ft. of road frontage along Bay Shore Dr which has moderate traffic levels. The western lot contains approximately .34 acres; the eastern lot contains approximately 99 acres. Zoning and Uses: The subject lot is zoned Single-Family Residential - 20,000 (SF-20) and is located in the shoreland zoning district. The western lot contains a single-family residence. The eastern lot is mostly mapped as containing an escarpment, which is a natural feature the Comprehensive Zoning ordinance regulates. The proposed development will meet the escarpment regulations. Surrounding Area: Lots located along Bay Shore Drive are primarily zoned SF-20; there are a few lots to the north zoned Recreational Commercial (RC). There is a subdivision to the southeast zoned Small Estate; lots further east are zoned Estate. Background Information: • In 1958, the lot was created. • In 1968, shoreland zoning was adopted. • In 1976, the Town of Sevastopol adopted County zoning. • In 1995, the Town of Sevastopol adopted the current County Comprehensive Zoning Ordinance. • In 2001, a zoning permit was issued to relocate the cottage to a buildable area and to install an addition. • In 2021, a variance was granted and a zoning permit issued for a garage addition to the residence to be located 43’ from the center of the right-of-way. Purpose & Intent of Ordinances Comprehensive Zoning Ordinance: (1) to promote the public health, safety, convenience, and general welfare; (2) to encourage planned and orderly land use development; (3) to protect property values and the property tax base; (4) to permit the careful planning and efficient maintenance of highway systems; 20 (5) to ensure adequate highway, health, educational, and recreational facilities; (6) to recognize the needs of agriculture, forestry, industry, and business in future growth; (7) to encourage uses of land and other natural resources which are in accordance with their character and adaptability; (8) to provide adequate light and air; (9) to encourage the protection of groundwater resources; (10) to preserve wetlands; (11) to conserve soil, water, and forest resources; (12) to protect the beauty and amenities of landscape and man-made developments; (13) to provide healthy surroundings for family life; and (14) to promote the efficient and economical use of public funds. Other Considerations: Reasonable Use of the Property (without a Variance): • The western lot containing the existing residence with an attached garage may continue to be used for single family residence purposes. Cumulative Zoning Effects (with a Variance): None Alternatives to a Variance: • There is buildable area to the south of the house where a garage addition may be installed. • An accessory structure up to 120 square feet could be permitted on the eastern vacant lot without a variance. • A 750 square foot single-family residence may be constructed on the eastern vacant lot, either with an attached garage, or a larger accessory building may be constructed after the principal structure is established. 21 Town Level Calvin Lawrence, Dennis Weise, Nina Rihn Named Streams Navigable Stream County Trunk Highway State Trunk Highway Roads County Private State Town Parcel Gap Overlap Parcel Boundaries Municipality Lake Michigan 7/10/2026 0 1 20.5 mi 0 1.5 30.75 km 1:96,590 22 Aerial Neighborhood Calvin Lawrence, Dennis Weise, Nina Rihn Lake Class Areas Wetland Class Areas County Trunk Highway Roads County Private Town ROW Easements Easement Parcel Gap Parcel Boundaries Natural Features Regulated Escarpment 7/10/2026 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:20,863 23 Zoning Map Calvin Lawrence, Dennis Weise, Nina Rihn Lake Class Areas Wetland Class Areas County Trunk Highway Roads County Private Town ROW Easements Easement Parcel Gap Parcel Boundaries Comprehensive Zoning Recreational Commercial Estate Small Estate Residential 7/10/2026 0 0.25 0.50.13 mi 0 0.4 0.80.2 km 1:20,863 24 Aerial Close-Up Calvin Lawrence, Dennis Weise, Nina Rihn Address Lake Class Areas County Trunk Highway Roads County ROW Parcel Parcel Boundaries 7/10/2026 0 0.01 0.030.01 mi 0 0.03 0.060.01 km 1:1,622 25 Application Materials Submitted 26 27 QUESTIONS Please provide complete responses regarding a), b), and c) below. Attach additional pages if necessary. To qualify for a variance, the applicant must demonstrate that their request/situation meets the following three requirements: a.) UNIQUE PROPERTY LIMITATIONS Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage, etc.) are not factors in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors do not provide a basis for granting a variance. Unique features of this property prevent compliance with the terms of the ordinance, including: The unique circumstance associated with this property is that it is divided by a public roadway, Bay Shore Drive. Under the Door County Comprehensive Zoning Ordinance (DCCZO), the parcel is therefore treated as two separate zoning lots because the property is separated by a public right-of- way. Although both portions of the property are under common ownership and function together as a single residential property, the east side is classified as a vacant lot for zoning purposes because the primary residence is located on the west side of Bay Shore Drive. As a result, the ordinance restricts the east portion from accommodating an accessory structure, despite its practical function as part of a unified residential property. This unique lot configuration is not self-created and results in circumstances not generally applicable to other residential properties. b.) UNNECESSARY HARDSHIP An applicant may not claim unnecessary hardship because of conditions which are self-imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. The board of adjustment must consider the purpose of the zoning restriction, the zoning restrictions effect on the property, and the short-term, long-term and cumulative effects of a variance on the neighborhood, the community and on the public interests. Unnecessary hardship is present because: The hardship associated with this property is created by its unique physical configuration, specifically that the parcel is divided by a public roadway, resulting in the property being treated as 28 two separate zoning lots despite functioning as a single residential property under common ownership. Our primary residence is located on the west side of Bay Shore Drive. As a result, the east portion of our property is classified as a vacant lot under the zoning ordinance and, pursuant to Section 3.12(4) which states that an exempt accessory structure shall not exceed 120 square feet or a height of 13 feet 6 inches and that it shall not have electrical service. This classification restricts the reasonable residential use of the east portion of our property for an accessory building customarily associated with a single-family residence. The west side of our property, where our primary residence is located, presents significant site limitations that make construction of a reasonably sized accessory building impractical. The lot is substandard in size, and applicable setbacks from the ordinary high-water mark, county roadway, and existing development substantially constrain the buildable area. Without the requested variance, we are deprived of a reasonable residential use of our property, as there is no feasible location to construct a customary accessory building serving the residence. The hardship is not self-created but instead results from the unique lot configuration and the application of zoning regulations to a parcel divided by a public road. c.) NO HARM TO PUBLIC INTERESTES A variance may not be granted which results in harm to public interests. In applying this test, the Board of Adjustment must consider the impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors, the entire community and the general public. These interests are listed as objectives in the purpose statement of an ordinance and may include: • Public health, safety and welfare • Water quality • Fish and wildlife habitat • Natural scenic beauty • Minimization of property damages • Provision of efficient public facilities and utilities • Achievement of eventual compliance for nonconforming uses, structures and lots • Any other public interest issues A variance will not be contrary to the public interest because: The proposed structure will not negatively affect neighboring properties or the surrounding area. The structure will be used solely for residential accessory purposes associated with our primary residence. The structure will comply with all applicable setback and dimensional zoning requirements, with the exception of the principal-structure requirement for which this variance is requested. Additionally, the proposed structure will not adversely impact wildlife habitat, as it will be constructed within the first third of the property, while approximately two-thirds of the land will remain wooded. We are committed to preserving the natural character and scenic beauty of the property by maintaining as many existing trees as possible along Bay Shore Drive frontage and property boundaries. 29 30 Site Plan - West Side Bay Shore Drive 31 UP


 
  

        
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 DRAWN BY: DATE: SCALE: REVISED ON: - AMC REVISED ON: REVISED ON: NAME: THIS DRAWING WAS MADE EXCLUSIVELY FOR THE PARTY NAMED IN THE TITLE BLOCK. IT REMAINS THE PROPERTY OF FOREST CONSTRUCTION CO., INC. AND MAY NOT BE REPRODUCED OR COPIED IN WHOLE OR IN PART BY ANY METHOD WITHOUT THE EXPRESSED WRITTEN CONSENT OF FOREST CONSTRUCTION CO., INC. FOREST CONSTRUCTION CO., INC. 106 PRAIRIE LANE PO BOX 350 LUXEMBURG, WI 54217 TOLL FREE: 800-242-8085 OFFICE: 920-845-2302 FAX: 920-845-5002 EMAIL: INFO@FORESTBUILDINGS.COM WEB: WWW.FORESTBUILDINGS.COM ADDITIONAL NOTES: SHEET DESCRIPTION: PROJECT LOCATION: As indicated A2 CJN 2/13/2026 KREGG AND MELANIE SHILBAUER Floor Plan - Elevations & Details TOWN OF SEVASTAPOL, WI 1/4" = 1'-0" 1 Building Plan 3/16" = 1'-0" 3 EAST 3/16" = 1'-0" 4 NORTH 3/16" = 1'-0" 5 WEST 3/16" = 1'-0" 6 SOUTH 3/8" = 1'-0" 7 CROSS SECTION #  ! ! 32 LETTER(S) IN FAVOR VARIANCE SHILBAUER 33 34 1 DOOR COUNTY BOARD OF ADJUSTMENT Decision – Ordinary High Water Mark Setback Variance APPLICANT(S) NAME(S): Betty Wall PROPERTY ADDRESSES / PIN: 4120 Glidden Dr./ PIN: 022-03-28282734E HEARING DATE: July 28, 2026 DECISION DATE: July 28, 2026 DESCRIPTION OF VARIANCE REQUESTED: Betty Wall is requesting a variance from Section IV.B.2.b of the Door County Shoreland Zoning Ordinance which requires accessory structures to be located at least 75’ from the ordinary high-water mark (OHWM).The applicant proposes to construct an accessory structure (sauna) to be located as close as 63’ from the OHWM. DECISION: On the basis of the Decision-Making Worksheets (attached hereto and incorporated herein by reference as if set forth in full) and the record in this matter the Board of Adjustment finds and determines that: A. The requested variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance does meet the criteria set forth in Section 59.694(7), Wisconsin Statutes. The Board of Adjustment voted to approve the petition for grant of variance from 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance by the following vote. Jeff Schmeckpeper: ___ Monica Nelson: ___ Chris Anderson: ___ Cheryl Mick: ___ Signed Signed Chairperson Recording Clerk Dated: August 25, 2026 Filed: August 26, 2026 Appeal: This decision may be appealed by a person aggrieved by this decision by filing an action in certiorari in the circuit court for this county within 30 days after the date of filing of this decision. The County of Door assumes no liability for and makes no warranty as to reliance on this decision if construction is commenced prior to expiration of this 30 day period. The privileges granted by this decision shall become void one (1) year after the filed date unless the zoning permits for the authorized project have been obtained within such time. 35 1 DOOR COUNTY BOARD OF ADJUSTMENT DECISION-MAKING WORKSHEET APPLICANT(S) NAME(S): Betty Wall PROPERTY ADDRESSES / PIN: 4120 Glidden Dr./ PIN: 022-03-28282734E HEARING DATE: July 28, 2026 DECISION DATE: July 28, 2026 DESCRIPTION OF VARIANCE REQUESTED: Betty Wall is requesting a variance from Section IV.B.2.b of the Door County Shoreland Zoning Ordinance which requires accessory structures to be located at least 75’ from the ordinary high- water mark (OHWM).The applicant proposes to construct an accessory structure (sauna) to be located as close as 63’ from the OHWM. To grant an area variance, all three of the standards enumerated below must be met. In addressing each standard, express the reasons for the decision, i.e., why the facts did or did not satisfy the standards, the weight and credibility of the evidence presented (or lack thereof), and any other relevant considerations. 1. UNIQUE PHYSICAL PROPERTY LIMITATIONS. Are there unique physical property limitations such as steep slopes, wetlands, or parcel shape that prevent compliance with the ordinance? The circumstances of an applicant (growing family, need for a larger garage, etc.) are not factors in deciding variances. Property limitations that prevent ordinance compliance and are common to a number of properties should be addressed by amending the ordinance. The variance is not warranted if the physical character of the property allows a landowner to develop or build in compliance with the zoning ordinance. In order for a variance to satisfy the unique physical property limitation test, the question below must be answered affirmatively. Does this property contain unique physical property limitations (e.g., wetland presence, parcel shape, steep slope, etc.) that would prevent compliance with the ordinance? YES _____ NO __X__ EXPLAIN: The topography of the buildable area is unique in that it contains several steep slopes and closed depressions that would require significant alteration to the landscape resulting in further habitat disturbance and loss of vegetation. 36 2 2. UNNECESSARY HARDSHIP. Unnecessary hardship exists when a literal enforcement of the ordinance would unreasonably prevent the owner from using the property for a permitted purpose or when conformity with ordinance standards would be unnecessarily burdensome. Considerations: • Unnecessary hardship should be determined in light of the purpose and intent of the zoning ordinance in question, as well as any statute or administrative rule upon which the ordinance is based. (See page 4.) The facts of the case should be analyzed in light of these purposes. Only after considering the purpose(s) of the statute and/or ordinance, and the nature of the specific restriction(s) at issue, may a decision be made as to whether or not failure to grant a variance will cause an unnecessary hardship. • Unnecessary hardship may arise due to a unique property limitation of a parcel (see #1, above). A variance is not warranted if the physical character of the property allows a landowner to develop or build in compliance with the zoning ordinance. • Unnecessary hardship does not include considerations personal to the property owner (e.g., personal preference, desire to maximizing the economic value of the property, or financial hardship caused by ordinance compliance). • Any self-created hardship, and/or any hardship that existed irrespective of the zoning ordinance in question are not proper grounds upon which to grant a variance. • Alternatives to a variance (e.g., conditional use permit or restrictive covenant) may, as neither runs with the land, be preferable to accommodate a disability of the owner or owner’s dependent. In order for a variance to satisfy the unnecessary hardship test, one of the questions below (A or B) must be answered affirmatively. A. Does denial of the variance -- i.e., requiring compliance with the strict letter of the ordinance provision(s) in question (e.g., setbacks, height limitations, etc.) -- unreasonably prevent the owner from using the property for a permitted purpose? YES _____ NO _____ EXPLAIN: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ OR B. Is conformity with the regulation(s) unnecessarily burdensome? YES __X__ NO _____ EXPLAIN: Due to the unique contours of this parcel, requiring the applicant to alter the landscape to place the proposed structure in a complying location was determined to be unreasonably burdensome. 37 3 3. PUBLIC INTEREST/SPIRIT AND INTENT OF THE ORDINANCE. A variance may not be granted which results in harm to public interests, nor thwarts the spirit and intent of the ordinance. In applying this test, the board should review the purpose statements of the ordinance (and any statute or administrative rule upon which the ordinance is based) in order to identify public interests. (See page 4.) The short-term and long-term impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors, the community, and even the state, should be considered. Review should focus on the general public interest, rather than just the narrow interests or impacts on neighbors, patrons, or residents in the vicinity of the project. Cumulative effects are a proper consideration. For instance, in the context of shoreland zoning, the general availability of variances permitting the horizontal expansion of structures so close to the water's edge may have the cumulative effect of enclosing our lakes within a wall of impermeable surfaces to the exclusion of vegetation and impairing the ecological functions of the shoreland buffer. A variance is not a popularity contest. The mere fact of public support or opposition is not, in and of itself, determinative of whether or not a variance is contrary to the public interest. The board may grant only the minimum variance needed, i.e., the minimum variance necessary to relieve the unnecessary hardship. For instance, if the request is for a variance of 30 feet from the minimum setback, and a finding is made that a 10-foot setback reduction would allow the petitioner to use the property for a permitted purpose, then only a 10-foot setback reduction may be authorized. Distinguish between hardships that are unnecessary in light of the unique conditions of the property and the purpose of the zoning ordinance from hardships that are inconsequential or not unique or because a variance would unduly undermine the purpose of the ordinance or the public interest. In order for a variance to satisfy the public interest test, the question below must be answered negatively. Does the granting of the variance result in harm to the public interest? YES _____ NO __X__ EXPLAIN: The proposed location allows the structure to be placed without impacting the surrounding landscape. If the applicant were to alter the parcel in order to utilize the buildable area, the disturbance could cause a negative impact to the environment. The structure is also going to be placed so that any roof run-off would be directed landward away from the shoreline. Has the applicant seeking a variance demonstrated that each of the three standards has been satisfied in this case? YES __X__ NO _____. If yes, then substantial justice will be done by granting the variance. Dated this: July 28, 2026 38 4 Door County Zoning Ordinance Purpose Statements "1.04 Purpose. The purpose of this Ordinance is to promote and protect public health, safety, aesthetics, and other aspects of the general welfare. Further purposes of this Ordinance are to: (1) Aid in implementing the county development plan. (2) Promote planned and orderly land use development. (3) Protect property values and the property tax base. (4) Fix reasonable dimensional requirements to which buildings, structures, and lots shall conform. (5) Prevent overcrowding of the land. (6) Advance uses of land in accordance with its character and suitability. (7) Provide property with access to adequate sunlight and clean air. (8) Aid in protection of groundwater and surface water. (9) Preserve wetlands. (10) Protect the beauty of landscapes. (11) Conserve flora and fauna habitats. (12) Preserve and enhance the county's rural characteristics. (13) Protect vegetative shore cover. (14) Promote safety and efficiency in the county's road transportation system. (15) Define the duties and powers of administrative bodies in administering this Ordinance. (16) Prescribe penalties for violation of this Ordinance." Wisconsin Statutes Purpose Statement 281.31. Navigable waters protection law "(1) To aid in the fulfillment of the state's role as trustee of its navigable waters and to promote public health, safety, convenience and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans and authorize municipal shoreland zoning regulations for the efficient use, conservation, development and protection of this state's water resources. The regulations shall relate to lands under, abutting or lying close to navigable waters. The purposes of the regulations shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses and reserve shore cover and natural beauty." (Emphasis added.) Examples as to how to use the above in conjunction with analysis of a variance request When considering a variance request to relax the required ordinary high water mark setback, county zoning ordinance purposes (8), (10), (11), and (13) are likely relevant to consider. Purposes (2), (3), (4), and (5) may also be relevant. Depending upon the nature of the variance request, any of the components of the statutory purposes behind shoreland zoning (above) may be relevant to consider. When considering a variance request to relax a required yard (setback), county zoning ordinance purposes (2), (3), (4), and (5) are likely relevant to consider. 39 MINUTES OF MEETING DOOR COUNTY BOARD OF ADJUSTMENT July 28, 2026 1.0 Call to order and declaration of quorum. The meeting was called to order by Shcmeckpeper at 4:36 p.m. on Tuesday, July 28, 2026, in the Peninsula Room (C- 121) of the Door County Government Center, Sturgeon Bay, Wisconsin. Present: BOA Members Staff Monica Nelson Adam Ferrell, Code Administrator Jeff Schmeckpeper Tara McKeefry, Code Administrator Cheryl Mick (Via Zoom) Chris Anderson 2.0 Vote for Chairperson 2.1 No action taken. 3.0 Vote for Vice-Chairperson 3.1 No action taken. 4.0 Discuss and arrive at a decision on Petition for Grant of Variance. 4.1 Betty Wall; ordinary high-water mark setback; Sevastapol; PIN 0220328282734E (4120 Glidden Dr. Motion by Nelson, seconded by Anderson, to approve the variance. Motion carried (3-1; Mick, “Nay”). 5.0 Final disposition of the following case(s) considered by the Board of Adjustment on July 14, 2026. 5.1 Andy Gill; rear yard setback; Baileys Harbor; PIN 0020317302842C (8288 County Highway Q) Motion by Nelson, seconded by Schmeckpeper, to approve the variance. Motion carried unanimously (4-0). The basis for the decision is set forth in the Board of Adjustment decision document. 5.2 Karen Zimmer; ordinary high-water mark setback; PIN 0180201322812L (1136 Garrett Bay Rd.) Motion by Nelson, seconded by Anderson, to approve the variance. Motion carried unanimously (4-0). The basis for the decision is set forth in the Board of Adjustment decision document. 6.0 Read and act on minutes of July 14, 2025, meeting. Motion by Nelson, seconded by Schmeckpeper, to approve the minutes as presented. Motion carried unanimously (4-0). 7.0 Future meeting schedule: • August 11th: Business Meeting • August 25th: Public Hearing • September 8th: Business Meeting Meeting Schedule discussed as noted. 8.0 Vouchers. All BOA members’ vouchers reflect a 1-hour meeting. 9.0 Adjournment. Motion by Anderson, seconded by Nelson, to adjourn. Motion carried unanimously (4-0). Schmeckpeper declared the meeting adjourned at 5:39 p.m. Respectfully submitted by Adam Ferrell, Code Administrator 40