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 Barry P. James; side yard setback; Gibraltar; PIN 0140232312723F (9273 Gibraltar Bluff Rd.) 3.0 Read and act on minutes of January 13, 2026, meeting 4.0 Future meeting schedule: • May 26th: If necessary; no public hearings • June 9th: If necessary; possible public hearing • June 23rd: 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 12, 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/86885322269?pwd =61mrqrVYGudnC1gsSiQd0eLaQmnbI4.1 Zoom ID: 868 8532 2269 Passcode: 425962 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, May 12, 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/86885322269?pwd=61mrqrVYGudnC1gsSiQd0eLaQmnbI4.1 Webinar ID: 868 8532 2269 Passcode: 425962 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 GIBRALTAR 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. 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: April 24, 2026, & May 1, 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: Barry P. James Parcel Number & Address: 014-02-32312723F (9273 Gibraltar Bluff Rd.) Request: 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, located as close as 5 ft. from a side lot line, including any eaves or overhangs. Zoning Information Current parcel description and zoning district: Parcel Description: The subject lot contains approximately 2.22 acres with 200 ft. of road frontage along Gibraltar Bluff Rd. Gibraltar Bluff Rd. is a town road with moderate traffic levels. The parcel is located on the Niagara Escarpment. Zoning and Uses: The subject lot is located in the Small Estate Residential (SE) zoning district and shoreland. The subject lot is used for single family residential purposes. Existing structures include a residence with an attached garage. Surrounding Area: Lots located on Gibraltar Bluff Rd. are zoned Small Estate Residential (SE), while lots located to the west on Cottage Row are zoned Single Family Residential- 20,000 (SF20). Gibraltar Bluff Rd. is adjacent to the east. Background Information: • 1940: Subject lot created legally via plat of survey • 1970: Town of Gibraltar adopted County zoning. • 1995: Town of Gibraltar adopted current County Comprehensive Zoning Ordinance. • 1995: County Zoning Permit issued for Single Family Residence • 2015: After the fact County Zoning Permit for an access stairway on the bluff • 2025: County Zoning Permit issued for Living Quarters above attached garage 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; 7 (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 lot and existing residence building may continue to be used for single family residence purposes. • There is buildable area available on the north and east side of the residence that may be used for construction of an accessory structure. Cumulative Zoning Effects (with a Variance): None Alternatives to a Variance: • An accessory structure in compliance with side yard setbacks may be constructed on the north and east side of the parcel. 8 Town Level Map Named Streams Navigable Stream County Trunk Highway State Trunk Highway Parcel Core Areas Municipality Lake Michigan 3/26/2026 0 1 20.5 mi 0 2 41 km 1:106,070 9 Neigborhood Map Named Streams Navigable Stream State Trunk Highway Roads Private State Town ROW Easements Conservation Easement Other 3/30/2026 0 0.15 0.30.07 mi 0 0.25 0.50.13 km 1:13,722 10 Close up - Aerial Address Roads Town ROW Parcel 3/26/2026 0 0.02 0.040.01 mi 0 0.03 0.060.01 km 1:1,782 11 Zoning Map Address Roads Town ROW Parcel Comprehensive Zoning General Commercial Small Estate Residential Single Family - 20,000 3/26/2026 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:8,248 12 Contour Map Address 1 Foot Contours (2018) Roads Town ROW Parcel 3/30/2026 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,067 13 Application Materials Submitted 14 15 16 17 18 19 20 21 22 23 Photos Received via Email 3/16/26 24 Photos Received via Email 3/16/26 25 Photos Received via Email 3/16/26 26 Photos Received via Email 3/16/26 27 Photos Received via Email 3/16/26 28 Photos Received via Email 3/16/26 29 Photos Received via Email 3/16/26 30 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 January 13, 2026 1.0 Call to order and declaration of quorum. The meeting was called to order by Chairperson Ryan at 4:30 p.m. on Tuesday, January 13, 2026, in the Peninsula Room (C-121) of the Door County Government Center, Sturgeon Bay, Wisconsin. Present: BOA Members Staff Bob Ryan, Chairperson Adam Ferrell, Code Administrator Monica Nelson Jeff Schmeckpeper 2.0 Final disposition of the following case(s) considered by the Board of Adjustment on December 9, 2026. 2.1 Craig Larson, on behalf of CC Larson Family LLC; floodplain fill extent and shoreland setback; Nasewaupee; PIN 0200228282533P1 (4018 Roalkvam Road) Motion by Schmeckpeper, seconded by Nelson, to approve the final disposition for the case as presented. Motion carried unanimously (3-0). 3.0 Read and act on minutes of December 9, 2026, meeting. Motion by Nelson, seconded by Schmeckpeper, to approve the minutes as presented. Motion carried unanimously (3-0). 4.0 County Staff Email Address Update Advised BOA of County staff email address change from “.us” suffix to “.gov” suffix. County staff will still receive emails sent to “.us” email addresses until June. 5.0 Future meeting schedule:  January 27th: If necessary; no public hearings  February 10th: If necessary; possible public hearing  February 24th: If necessary; possible public hearing Future meeting schedule discussed as noted. The January 27th meeting is cancelled. The February 10th meeting will be cancelled if no public hearings are scheduled for that meeting. 6.0 Vouchers. All BOA members’ vouchers reflect a 1-hour meeting. 7.0 Adjournment. Motion by Schmeckpeper, seconded by Nelson, to adjourn. Motion carried unanimously (3-0). Chairperson Ryan declared the meeting adjourned at 4:37 p.m. Respectfully submitted by Adam Ferrell, Code Administrator 31