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 Discuss and arrive at a decision on Petition(s) for Grant of Variance 2.1 Andy Gill; rear yard setback; Baileys Harbor; PIN 0020317302842C (8288 County Highway Q) 2.2 Karen Zimmer; ordinary high-water mark setback; PIN 0180201322812L (1136 Garrett Bay Rd.) 3.0 Vote for Chairperson 4.0 Vote for Vice-Chairperson 5.0 Read and act on minutes of May 26, 2026, meeting 6.0 Future meeting schedule: • July 28th: Public Hearing • August 11th: Business meeting; possible public hearing • August 25th: If necessary; possible public hearing 7.0 Vouchers 8.0 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, July 14, 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/84929760193?pwd=9gs CrRPRY9Gz5kQfN9pKhIqqp6QaYt.1 Zoom ID: 849 2976 0193 Passcode: 311565 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, July 14, 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/84929760193?pwd=9gsCrRPRY9Gz5kQfN9pKhIqqp6QaYt.1 Webinar ID: 849 2976 0193 Passcode: 311565 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 BAILEYS HARBOR Andy Gill, on behalf of The Ridges Sanctuary Inc., is requesting a variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance which requires principal structures in the Small Estate Residential (SE) zoning district to be located at least 50 ft. from rear lot lines. The applicant proposes the addition of 12 ft. by 25 ft. overhang porch to the existing principal structure, located as close as 25 ft. from the rear lot line, including any eaves or overhangs. TOWN OF LIBERTY GROVE Karen Zimmer is requesting a variance from Section IV.B.2.b. of the Door County Shoreland Zoning Ordinance which states that structures shall be located a minimum of 75’ away from the ordinary high -water mark. The applicant proposes the construction of a 16 ft. by 22 ft. detached garage, located as close as 48 ft. from the ordinary high-water mark, including any eaves or overhangs. 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 421 Nebraska St., Sturgeon Bay, WI 54235 Phone: (920) 746-2323 | FAX: (920) 746-2387 Publication Dates: June 26, 2026, & July 3, 2026 2 1 DOOR COUNTY BOARD OF ADJUSTMENT DECISION-MAKING WORKSHEET APPLICANT NAME PROPERTY ADDRESS / P.I.N. HEARING DATE 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_________ ___________ EXPLAIN: 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. 3 2 • 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_______ NO________ EXPLAIN: _______________________________________________________________________ _________________________________________________________________________________ 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. 4 3 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________ EXPLAIN: _____________________________________________________________________ Has the applicant seeking a variance demonstrated that each of the three standards has been satisfied in this case? YES___ _______ NO___________. If yes, then substantial justice will be done by granting the variance. For variances granted: Unless the Board establishes an alternate expiration date, the privileges granted by this decision shall become void after one (1) year, during which time the action authorized by the variance must be commenced and/or completed, as specified by the Board. This variance shall become void in (choose one): one year (the privileges granted by this decision shall become void after one year unless the zoning permit for the authorized project has been obtained with such time.) _____________________________________________________________________________ other (specify the expiration year and actions that must occur, if any) _____________________________________________________________________________ Dated this _____________________. 5 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. 6 Petition for Grant of Variance STAFF REPORT Applicant Information Property Owner / Applicant: The Ridges Sanctuary Inc / Andy Gill Parcel Number & Address: 002-03-17302842C (8288 County Highway Q) Request: Andy Gill, on behalf of The Ridges Sanctuary Inc., is requesting a variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance which requires principal structures in the Small Estate Residential (SE) zoning district to be located at least 50 ft. from rear lot lines. The applicant proposes the addition of 12 ft. by 25 ft. overhang porch to the existing principal structure, located as close as 25 ft. from the rear lot line, including any eaves or overhangs. Zoning Information Current parcel description and zoning district: Parcel Description: The subject lot contains approximately 13.01 acres with 292 ft. of road frontage along State Highway 57 and 1,289 ft. of road frontage along County Highway Q. State Highway 57 (WI-57) is a state roadway and major thoroughfare for downtown Baileys Harbor with moderate to heavy traffic levels. County Highway Q is a county roadway with moderate traffic levels. The parcel is located almost entirely within the ridge and swale complex. Zoning and Uses: The subject lot is located in the Small Estate Residential (SE) zoning district; a small portion is within the shoreland zoning district. The subject lot is used for educational programs and equipment storage by The Ridges Sanctuary. Existing structures include the two cabins that house the grandfathered private school use, a separate restroom structure, and an existing garage. A permit was recently issued on 3/23/26 for an updated garage and workshop approximately 575 ft. to the Northeast of the proposed patio. Surrounding Area: Lots located to the South on WI-57 are zoned as a mixture of Single Family-20,000 (SF20), Mixed Use Commercial (MC), and Commercial Center (CC), while lots located to the North on WI-57 and Northeast on County Highway Q are zoned mostly as Small Estate (SE) with a few parcels along WI-57 being Light Industrial (LI) and Mixed-use Commercial (MC). Background Information: • 1934: Subject lot deeded to the Door County Parks Commission. • 1937: The Ridges Sanctuary signs a 99-year lease with the County. • 1982: Town of Baileys Harbor adopted the County Comprehensive Zoning Ordinance. • 1983: The Marshall Cabin is placed on the parcel in its current location, which was compliant to the required setbacks at the time, as an addition to the previously established private school. • 2025: County Zoning Permit issued for renovations on both cabins and a 15ft. by 24 ft. overhang on the Kaye cabin. • 2026: County Zoning Permit issued for a 2-story, 40 ft. by 60 ft. workshop. 7 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; (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. Things to Consider: Reasonable Use of the Property (without a Variance): • The lot and existing cabin can continue to be used for the grandfathered Private School land use. • There is buildable area available on the north of the cabin to build a detached patio or other accessory structure. Cumulative Zoning Effects (with a Variance): • May not be considered planned and orderly land use development. Alternatives to a Variance: • A detached covered patio in compliance with side yard setbacks may be constructed on the north and east portions of the parcel. 8 Town Level Lakes Named Streams County Trunk Highway State Trunk Highway Parcel Gap Overlap Parcel Boundaries Municipality Lake Michigan 5/20/2026 0 1.5 30.75 mi 0 2.5 51.25 km 1:127,145 9 Neighborhood Level Address Navigable Stream County Trunk Highway State Trunk Highway Roads County Private State Town ROW Easements Easement Parcel Gap Overlap Parcel Boundaries 5/20/2026 0 0.2 0.40.1 mi 0 0.3 0.60.15 km 1:16,478 10 Close Up- Aerial Address Navigable Stream County Trunk Highway State Trunk Highway Roads County State ROW Parcel Parcel Boundaries 5/20/2026 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:3,559 11 Detailed Close-Up Address County Trunk Highway Roads County ROW Parcel Parcel Boundaries 5/20/2026 0 0.01 0.020 mi 0 0.01 0.020.01 km 1:769 12 13 Zoning Map Address Navigable Stream County Trunk Highway State Trunk Highway Roads County State ROW Parcel Parcel Boundaries Comprehensive Zoning Small Estate Residential Single Family - 20,000 Natural Area Wetland 5/20/2026 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:3,559 14 Application Materials Submitted 15 PETITION A variance is a relaxation of a standard in a land use ordinance. Variances are decided by the zoning board of adjustment. The zoning board is a quasi -judicial body because it functions almost like a court. The board’s job is not to compromise ordinance pr ovisions for a property owner’s convenience but to apply legal criteria provided in state laws, court decisions and the local ordinance to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. PETITION: (I) (We) Full name(s): _______________________________________________________ _______________________________________________________ Propose to: Construct a timber-framed overhang porch connected to the existing Marshall Cabin. The dimensions of the overhang are 25 feet by 12 feet. The overhang will extend 12 feet off the west side of the cabin. The existing use of structure or land in question is: Parcel 0020317302842C has been owned by The Ridges Sanctuary since 1970 and served as the primary location for accessing the trails at The Ridges. The Kaye and Marshall Cabins were relocated to this parcel in 1975 and 1983, respectively. For years the buildings served as the Nature Center and programmatic space. Currently, they are used to support programming, particularly early childhood education programs. Both cabins recently underwent upgrades that allow year-round use. AUTHORIZATION FOR INSPECTION: I hereby authorize the Zoning Administrator to enter upon the premises for which this petition is made at any reasonable time for all purposes of inspection related to this petition. CERTIFICATION: I hereby certify that all the above statements and attachments submitted hereto are true and correct to the best of my knowledge and belief. SIGNATURE OF PETITIONER/AGENT: __________________________________________________ DATE: _______________________ Katie Krouse, Executive Director Grace Rossman, Ridges Board President 4/30/2026 16 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 Ridges Sanctuary has owned parcel 0020317302842C since 1970. The adjacent parcel (0020317302843A) that requires a setback was deeded to the Door County Parks Commission in 1934. Since 1937, The Ridges Sanctuary has managed and maintained the adjacent parcel through a 99-year lease with the County. The lease was most recently signed on February 7, 1990. Together these parcels make up the heart of The Ridges Sanctuary, providing access to the Baileys Harbor Range Lights, Ridges hiking trails, and facilities that support educational programming. The Marshall Cabincabins was sited such that it is now non-compliant and can’t be expanded outside its 3D building envelope, limiting our ability to provide additional outdoor learning space to students. 17 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: Per the current zoning ordinance, it is not possible to build outside the 3D building envelope of the Marshall Cabin because the building is sited entirely within the rear yard setback. The adjacent property from which a setback is required is operated, maintained, and programmed by The Ridges Sanctuary through a 99-year lease with the County of Door. The addition of this porch unlocks significant potential in our program experience. It would allow for programming to occur in less-than-ideal conditions like rain, or simply to get out of the hot sun in the summer, without compromising the integrity of our outdoor programming. A porch installed on this cabin would also allow for indoor/outdoor dynamics that would not be experienced if the porch was built elsewhere. 18 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 overhang is sited in an area that is already disturbed through human impact. The overhang provides more access to the unique landscape by providing cover from inclement weather. The overhang promotes the natural beauty of the area and increases opportunities to enjoy nature and public programs. 19 CONCEPT DESIGN110 PHASE ZERO MARSHALL CABIN Modest improvements to both cabins are proposed in order to support year-round programming, particularly related to TRS educational programs. The cabins will provide a primary space for education until an Education Center can be built. The drawings and notes on the adjacent page summarize the direction for Marshall Cabin updates. Ahnapee Construction has received these drawings and joined a site walk with TRS staff and SmithGroup. MARSHALL KAYE RESTROOMS COUNCIL RING STORMWATER P P D R OPOFF 1.1. Accessible pathway and connection to accessible Accessible pathway and connection to accessible parking. parking. 2.2. New covered outdoor classroom.New covered outdoor classroom. 2 1 Install concrete sono tubes for new structure Build timber frame structure 8"x10"fir beams 10"x10"fir posts 4"x8"fir roof rafters @ 24" o/c 4"x8"fir collar ties @48" o/c 2"x6" T&G pine roof boards 20 THE RIDGES SANCTUARY - PREDESIGN IMPLEMENTATION PLAN 111 21 Petition for Grant of Variance STAFF REPORT Applicant Information Property Owner / Applicant: John L Zimmer Trust Parcel Number & Address: 018-02-01322812L (1136 Garrett Bay Rd.) Request: Karen Zimmer is requesting a variance from Section IV.B.2.b. of the Door County Shoreland Zoning Ordinance (DCSZO) which requires principal structures to be located a minimum of 75’ from the Ordinary High Water Mark (OHWM). The applicant proposes the construction of a 16 ft. by 22 ft. detached garage, located as close as 48 ft. from the ordinary high-water mark, including any eaves or overhangs. Zoning Information Current parcel description and zoning district: Parcel Description: The subject parcel contains two lots divided by the public right-of-way for Garrett Bay Rd. containing 17,346 square feet with 109 ft. of road frontage along Garrett Bay Rd. and approximately 100 ft. of shorefront along the bay. Garrett Bay Rd. is a town roadway with light traffic patterns since the road dead ends into an access easement approximately 630 ft. East from the edge of the subject parcel. Zoning and Uses: The subject lot is located in the Single Family Residential- 30,000 SF (SF- 30) zoning district and is located within the shoreland zoning district. The subject lot contains an existing single-family residence. Surrounding Area: The shorefront lots along Garrett Bay Rd are zoned SF-30 with the majority of them containing single family residences. There are several lots to the West of the subject lot that are also zoned in the SF-30 district but remain vacant. The non-riparian lots to the South are zoned Small Estate (SE) with the majority of them occupied by single family residences. Background Information: • 1960: Subject lot created via Plat of Survey #7756 • 1968: Survey recorded with single family residence in current location Purpose & Intent of Shoreland Zoning Ordinance: • To promote public health, safety, convenience, & general welfare. • To promote & protect the public trust in navigable waters. • To limit the direct & cumulative impacts of shoreland development on water quality, near−shore aquatic, wetland, and upland wildlife habitat, and natural scenic beauty. • To control use of shorelands to afford the protection of water quality. • To prevent and control water pollution, and protect spawning grounds, fish, and aquatic life by: o Preventing shoreline encroachment by structures. o Controlling excavation/earth moving activities to prevent soil erosion. o Preserving wetlands and other fish and aquatic habitat. o Restricting the removal of natural shoreland cover. o Limiting impervious surfaces to control runoff which carries pollutants. 22 o Limiting structures to those areas where soil and geological conditions will provide a safe foundation. Other Considerations: Reasonable Use of the Property (without a Variance): • The lot and existing single-family residence can continue to be utilized as a residence. Cumulative Zoning Effects (with a Variance): • Increased impervious surfaces near a navigable waterway. Alternatives to a Variance: • In that there is no buildable area on the lot for a detached accessory structure or an addition to the residence, the department sees no alternative. 23 Town Level Lakes Named Streams County Trunk Highway State Trunk Highway Parcel Gap Overlap Parcel Boundaries Municipality Lake Michigan 6/2/2026 0 1.5 30.75 mi 0 2 41 km 1:120,369 24 Neighborhood Level State Trunk Highway Roads Private State Town ROW Easements Easement Parcel Gap Overlap Parcel Boundaries 6/8/2026 0 0.15 0.30.07 mi 0 0.3 0.60.15 km 1:15,600 25 Close Up- Aerial Address Roads Town ROW Parcel Parcel Boundaries 6/2/2026 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,213 26 27 Zoning Map Address Roads Town ROW Parcel Parcel Boundaries Comprehensive Zoning Small Estate Residential Single Family - 30,000 6/2/2026 0 0.02 0.040.01 mi 0 0.04 0.070.02 km 1:2,022 28 Application Materials Submitted 29 tQUESTIONS 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: _____________________________________________________________________________________ Location of the public town road limits the buildable area. _____________________________________________________________________________________ Slope from road to bluff edge that drops off 49’ to lower shoreline watermark level. ______________________________________________________________________________ The natural topography features of the two rock ridges. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 30 _____________________________________________________________________________________ ____________________________________________________________________ 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: _____________________________________________________________________________________ I am a retired primary resident living full time on the property. _____________________________________________________________________________________ Weather conditions that restrict safe passageway to road and neighboring property. _____________________________________________________________________________________ Safe access to a protected vehicle. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 31 _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ 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 structure measurements of 16’ x 20’ is standard for a single car garage. _____________________________________________________________________________________ The structure set back will not be visual from the water with the tree line. _____________________________________________________________________________________ The structure will not block the view of the upper bluff residents. 32 The only utility will be electricity. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ________________________________________________________ 33
 
    
  
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 !%42%%% % 1*(2 1*(2 1*21*2 !%42%%% 2 %% 4!20% 1*2 (1*2 1*2 #1*2 1*2 (1*2!1*2 !1*21*26!1*20% 1*#2 #1*#2 , &351* 2 1*2 1*2 5(!  !( (1*2 1*2 (1*2 1*2' 2 %. / "     %"&4(2, 3(2 0 '   2&%* "3 2 2 ('0 "'  ,(" %%%*  0'&2 "'*/ "      0  7%" "&51* 2 DESIGNER:
  FINAL PLAN  SCALE:SHEET NO: PROJECT NO: COPYRIGHT DREXEL BUILDING SUPPLY IT IS UNLAWFUL FOR ANYONE TO USE OR REPRODUCE BY ANY MEANS ALL OR ANY PORTION OF THESE DOCUMENTS WITHOUT THE EXPRESSED WRITTEN PERMISSION OF DREXEL BUILDING SUPPLY INC. DREXEL BUILDING SUPPLY INC. RESERVES THE RIGHT TO USE ALL OR PARTS OF THESE PLANS IN THE FUTURE.ALTHOUGH EVERY EFFORT WILL BE MADE BY DREXEL IN DESIGNING AND PREPARING THESE PLANS AND CHECKING THEM FOR ACCURACY, THE OWNER/GENERAL CONTRACTOR ASSUMES ALL RESPONSIBILITY TO CHECK ALL DETAILS AND DIMENSIONS, AND IS RESPONSIBLE FOR ANY CHANGES OR ADJUSTMENTS REQUIRED DURING CONSTRUCTION. DREXEL MAKES NO REPRESENTATION FOR OR IMPLIES ACCURACY. 1/4" = 1'-0"GILLS ROCK GARAGETAMARACK BUILDERS MIKE WESTEEN G25-509-WA1 COPYRIGHT © 2025  # 
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           ! "#$%$     &% 34 S 78°33'05" E 109.62' N 86°23'05" E 75.00' N 01°49'17" E 176'± N 04°51'04" E 150'± S 04°58'17" E 142'± MEANDER LINE MEANDER LINE 79.75' 1'±N 89°39'15" W 99.93' S 78°43'06" W 102.00' 96.40' 25' SURVEYOR'S NOTES: BEARINGS REFERENCED TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 1-32-28, BEARING S 86°03'43" W, BASED FROM THE WISCONSIN COUNTY COORDINATE CONTROL SYSTEM, ZONE: DOOR. THE RIGHT-OF-WAY OF GARRETT BAY ROAD IS BASED FROM PREVIOUS SURVEYS. THE ORDINARY HIGH WATER MARK WAS VERIFIED BY THE DOOR COUNTY LAND USE SERVICES DEPARTMENT: ZONING ON MAY 28, 2025. TAX PARCEL NO. 018-02-01322812U IS NON-BUILDABLE DUE TO SETBACKS LEAVING NO BUILDABLE AREA. THE HIGH WATER MARK SETBACK IN CONJUNCTION WITH THE ROAD RIGHT-OF-WAY SETBACK LEAVES NO BUILDABLE AREA ON TAX PARCEL NO. 018-02-01322812L. A 10' RIGHT-OF-WAY SETBACK REDUCTION WAS USED TO GIVE SAID PARCEL A BUILDABLE AREA (SEE GENERAL REQUIREMENTS 3.05(6c)). SAID BUILDABLE AREA IS 335 SQ. FT. FIELD WORK WAS COMPLETED ON: JUNE 10, 2025. Updated On: 2-26-2026 7-18-2025 D-051425J.dwg Drawn By: J.J.B. JOB#: D-051425J SHEET 1 OF 2 150 SCALE: 1" = 30' (FEET) PREPARED FOR: CURRENT OWNER: JOHN L. ZIMMER TRUST 1136 GARRETT BAY ROAD ELLISON BAY, WI 54210 PROPERTY ADDRESS: 1136 GARRETT BAY ROAD & VACANT ON GARRETT BAY ROAD PREPARED BY: BRIAN FRISQUE SURVEYS INC. BRIAN D. FRISQUE PROFESSIONAL LAND SURVEYOR 3121 MATHEY ROAD STURGEON BAY, WI 54235 (920) 743-7183 30 LEGEND = EXISTING 1" IRON PIPE N = U.S. PUBLIC LAND SURVEY CORNER (AS NOTED) ZIMMER TRUST DOC. #817217 17,346 SQ. FT. ± 0.398 AC. ± TAX PARCEL NO. 018-02-01322812L Boundary Survey GOV'T LOT 2, SECTION 1, T. 32 N., R. 28 E., TOWN OF LIBERTY GROVE, DOOR COUNTY , WISCONSIN LOCATED IN: (UNLESS NOTED) = SET 1" IRON PIPE (WEIGHING 1.13 LBS PER LINEAL FOOT) 25' 25' 25' HOUSE WOOD DECK LP TANK GRAVEL BLACKTOPGarrett Bay Road N 65°55'47" E 772.48' N 00°08'03" W 2138.12' S 86°03'43" W 2919.10'N 86°04'02" E 2908.75' S LINE - NW 1/4 S LINE - NE 1/4 W LINE - NE 1/4 (W LINE - GOV'T LOT 2) CENTER SEC. 1-32-28 MEANDER SEC. 1-32-28 E 1/4 COR SEC. 1-32-28 W 1/4 COR SEC. 1-32-28 ZIMMER TRUST DOC. #817217 12,407 SQ. FT. ± 0.285 AC. ± TAX PARCEL NO. 018-02-01322812U Lot 2 Vol. 1, C.S.M., Pg. 25 Lot 3 Vol. 1, C.S.M., Pg. 25 BUILDING ZONE = PRINCIPAL STRUCTURES: - 65' CENTERLINE SETBACK - 61' AVERAGED ORDINARY HIGH WATER MARK SETBACK (12L) - 56' AVERAGED ORDINARY HIGH WATER MARK SETBACK (12U) - 20' SIDE-YARD SETBACK - 10' R/W SETBACK REDUCTION Caveat: Building zones depicted are based on zoning setbacks in effect at the time this map was produced and should not be relied upon without first obtaining written verification thereof from the Door County Land Use Services Department: Zoning. SF30 CORNER LOCATED UNDER ROCK BLUFF AND DEAD FALL EROSION PILES (NOT RESET) CORNER LOCATED UNDER ROCK BLUFF AND DEAD FALL EROSION PILES (NOT RESET) EX. 3/4" I.P . EX. 1-1/4" I.P . (LEANING) EX. 1-1/4" I.P . (LEANING) EX. 1-1/4" I.P. FOUND APPROX. 2' BELOW GRADE - SET 5/8" REBAR OVER TOP - LOCATED N 04°51'04" E 0.49' FROM INTERSECTION OF BOUNDARY AND R/W LINES EX. 1" I.P. IN CONC. LOCATED S 49°13'45" E 0.38' FROM INTERSECTION OF BOUNDARY AND R/W LINES = UTILITY POLE EX. 1" I.P. LOCATED S 78°43'01" W 0.25' FROM INTERSECTION OF BOUNDARY AND MEANDER LINES 5'± (37.55' PIPE TO PIPE) 20.81' 32'± 2'± 26.22' 113.28' 41.85' 54.59' 20' S/B 10' S/B 61' H.W.M. S/B Garrett Bay ORDINARY HIGH WATER MARK ORDINARY HIGH WATER MARK 16' 22' PROPOSED GARAGE 35 LETTER(S) IN FAVOR VARIANCE Zimmer 36 37 38 LETTER(S) IN OPPOSITION VARIANCE Zimmer 39 1 From: Susie Watson <susiewtsn@gmail.com> Sent: Friday, June 19, 2026 2:32 PM To: LUS Department - Public Mailbox <LUSdepartment@co.door.wi.gov> Subject: RE: BOA July 14, 2026 Karen Zimmer variance request Please include in meeting agenda/records for Bob Ryan and team: As landowners within a stones throw down the shore from this property, we appreciate receiving this notice about the variance request to ignore the 75 ft shoreline law up here in Gills Rock. It seems that these requests become more common, and less related to hardship as time passes. Wanting to build closer than the law allows to our disappearing shoreline is not a hardship. It is a desire. My question for the board is where is the hardship? The lot appears to be about 1/3 of an acre and only holds so much space. Our hope is that you refuse this request and hopefully, future casual requests to ignore zoning. Viewing this property from Gills Rock, there is less and less undisturbed shoreline on the beautiful Niagara Escarpment. We purchased our 300 feet of unbuildable shoreline below our bluff decades ago to prevent any variance from ever allowing building on it, not knowing if zoning would hold the line. Liberty Grove gave permission to build a driveway (no building) on the unbuildable shoreline lot next to ours, for no particular reason, well within the 75 ft. area forbidden from disturbance of any kind. There is no point to the requirement of "no building within 75' of the shoreline" if variances are requested and given at whim. Please enforce the law put in place to protect our shoreline, and deny this request. Thank you, Susie Watson Henry Godbout and Susie Watson Family Trust 1064 N. Elm Rd. Gills Rock 40 MINUTES OF MEETING DOOR COUNTY BOARD OF ADJUSTMENT May 26, 2026 “These minutes have not been reviewed by the oversight committee and are subject to approval at the next regular committee meeting.” 1.0 Call to order and declaration of quorum. The meeting was called to order by Jeff Schmeckpepper at 4:30 p.m. on Tuesday, May 26th, 2026, in the Peninsula Room (C-121) of the Door County Government Center, Sturgeon Bay, Wisconsin. Present: BOA Members Staff Jeff Schmeckpeper, Acting Chair Adam Ferrell, Code Administrator Monica Nelson Karyn Behling, Land Use Services Director Brian Forest, First Alternate 2.0 Final disposition of the following case(s) considered by the Board of Adjustment on May 26, 2026. 2.1 Barry P. James; side yard setback; Gibraltar; PIN 0140232312723F (9273 Gibraltar Bluff Rd.) Motion by Nelson, seconded by Forest, to approve the decision document for the Variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance as requested, motion carried unanimously (3-0). 3.0 Read and act on minutes of May 12, 2026, meeting. Motion by Forest, seconded by Nelson, to approve the minutes as presented. Motion carried unanimously (3-0). 4.0 Future meeting schedule: • June 9th: Cancelled; no public hearings • June 23rd: Cancelled; no public hearing • July 14th: If necessary; possible public hearing Future meeting schedule discussed as noted. The June meetings are cancelled. The July 14th meeting will be cancelled if no public hearings are scheduled for that meeting. 5.0 Vouchers. All BOA members’ vouchers reflect a 1-hour meeting. 6.0 Adjournment. Motion by Forest, seconded by Nelson, to adjourn. Motion carried unanimously (3-0). Schmeckpepper declared the meeting adjourned at 4:34 p.m. Respectfully submitted by Adam Ferrell, Code Administrator 41