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 Final disposition of the following case(s) considered by the Board of Adjustment on May 12, 2026. 2.1 Barry P. James; side yard setback; Gibraltar; PIN 0140232312723F (9273 Gibraltar Bluff Rd.) 3.0 Read and act on minutes of May 12, 2026, meeting 4.0 Future meeting schedule: • June 9th: Cancelled, no public hearing • June 23rd: Cancelled, no public hearing • July 9th: If necessary; possible public hearing 5.0 Vouchers 6.0 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, May 26, 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/87831562876?pwd =JmqQpbODAyYkFBQcDeRJbSd6KB5ZkG.1 Zoom ID: 878 3156 2876 Passcode: 551015 1 DOOR COUNTY BOARD OF ADJUSTMENT Decision – Side Yard Setback Variances APPLICANT(S) NAME(S): Barry P. James PROPERTY ADDRESSES / PIN: 9273 Gibraltar Bluff Rd/ 014-02-32312723F HEARING DATE: May 12, 2026 DECISION DATE: May 12, 2026 DESCRIPTION OF VARIANCE REQUESTED: Barry P. James is requesting a variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance which requires accessory structures in the Small Estate Residential (SE) zoning district to be located at least 15 ft. from side lot lines. The applicant proposes an accessory structure to be located as close as 5 ft. from a side lot line including any eaves or overhangs. 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: Aye Monica Nelson: Aye Brian Forest: Aye Cheryl Mick: Nay Signed Signed Chairperson Recording Clerk Dated: May 26, 2026 Filed: May 27, 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. 1 DOOR COUNTY BOARD OF ADJUSTMENT DECISION-MAKING WORKSHEET APPLICANT(S) NAME(S): Barry P. James PROPERTY ADDRESSES / PIN: 9273 Gibraltar Bluff Rd/ 014-02-32312723F HEARING DATE: May 12, 2026 DECISION DATE: May 12, 2026 DESCRIPTION OF VARIANCE REQUESTED: Barry P. James is requesting a variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance which requires accessory structures in the Small Estate Residential (SE) zoning district to be located at least 15 ft. from side lot lines. The applicant proposes an accessory structure to be located as close as 5 ft. from a side lot line including any eaves or overhangs. 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 __X__ NO _____ EXPLAIN: Unique physical property limitations exist due to the location of the existing sanitary system and the heavily sloped lot which could cause drainage issues. Mick addressed the alternative location near the road right-of-way which was supposedly vehemently opposed by the neighbors. 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: Compliance would be unnecessarily burdensome as it would require significantly more fill and clearing of trees to create a similarly level location on the sloped lot as well as reduce the accessibility to the structure if placed near the road right-of-way. It was also addressed that the petition supports the purpose of the Ordinance by preserving trees, the natural landscape, and supporting public interest. 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: There is no harm to public interest. Granting of the variance will be in accordance with the town recommendation and the adjacent neighbors. The proposed alternate location near Gibraltar Bluff Rd. would have a negative impact on public interest, placing a structure in a naturally forested portion of the lot along Gibraltar Bluff Rd. 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: May 12, 2026 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. These minutes have not been reviewed by the oversight committee and are subject to approval or revision at the next regular committee meeting. MINUTES OF MEETING DOOR COUNTY BOARD OF ADJUSTMENT May 12th, 2026 1.0 Call to order and declaration of quorum. The meeting was called to order by Jeff Schmeckpeper at 4:34 p.m. on Tuesday, May 12th, 2026, in the Peninsula Room (C-121) of the Door County Government Center, Sturgeon Bay, Wisconsin. Nelson motioned, seconded by Mick, for Schmeckpeper to be acting Chairperson for the meeting. Present: BOA Members Staff Jeff Schmeckpeper, Acting Chair Adam Ferrell, Code Administrator Monica Nelson Sean Donohue, Corporation Counsel Cheryl Mick (Zoom) Brian Forest, First Alternate 2.0 Discuss and arrive at a decision on Petition(s) for Grant of Variance Barry P. James; side yard setback; Gibraltar; PIN 0140232312723F (9273 Gibraltar Bluff Rd.) Motion by Nelson, seconded by Forest, to approve the Variance from Section 3.02(3)(a) of the Door County Comprehensive Zoning Ordinance as requested. Motion carried (3-1) Mick- nay. 3.0 Read and act on minutes of January 13, 2026, meeting. Motion by Nelson, seconded by Forest, to approve the minutes as presented. Motion carried unanimously (4-0). 4.0 Future meeting schedule: • May 26th: Business Meeting • June 9th: If necessary; possible public hearing • June 23rd: If necessary; possible public hearing Future meeting schedule discussed as noted. The May 26th meeting will be a business meeting for the final decision on the variance heard today. The June 9th and 23rd meetings will be cancelled if no public hearings are scheduled for those meetings. 5.0 Vouchers. All BOA members’ vouchers reflect a 1-hour meeting. 6.0 Adjournment. Motion by Mick, seconded by Forest, to adjourn. Motion carried unanimously (4-0). Schmeckpeper declared the meeting adjourned at 5:22 p.m. Respectfully submitted by Adam Ferrell, Code Administrator