Board of Adjustment – 2026-04-21 – Minutes

Marquette County Board of Adjustment February 26, 2026 – Marquette County Courthouse, Public Safety Room Members present: Mary Walters-Chair, Lance Achterberg, Adam Malsack, Fred Wollenburg. Others present: Jean Potter, Zach Hughes, Lindsy Davis, David Berg. Additional members of the public that did not sign up to speak were also in attendance. The Chair called the meeting to order at 1:04pm. Member introductions made by Chair. Chair asked for a motion to approve the minutes of October 24, 2025, Board of Adju stment hearing. Motion by Achterberg, second by Walters. Motion carried: 2-0. Abstaining was Malsack and W ollenberg as they were not present for that hearing. The Chair explained instructions for hearing procedures. Potter explained appealing a Board of Adjustment decision. Lindsy Davis, N109 Fox River Rd., Portage, WI 53901 requested a special exception under Sec. 8.0.6(E)(10) of the Marquette County Code of Ordinance Chapter 62- Comprehensive Zoning for the establishment of a home-based business, legally described as part of government lot 4, in Section 34, T14N R9E, SE1/4-SE1/4, Town of Buffalo. Property Address is N109 Fox River R oad. Chair summarized the application materials. Discussion held with applicant. Video was shown. Chair opened the public hearing. No one present spoke in favor. No one present spoke in opposit ion. Berg requested to speak, granted by Chair and Berg spoke on concerns regarding the current zonin g designation of the parcel and consistency of decision making by board. Chair closed public hearing. Achterb erg requested clarification on future structural changes and improvements to structure. Davis indicated update s to outdoor lighting, yard landscaping, additional ADA access railings, steps and ramp; also a fut ure advertising sign to be placed on the property. Achterberg discussed adding a condition to the application, if approved, to limit the special exception to current ownership and the proposed use of the accessory structure would end if Davis sold the property. Motion made by Chair stating if approved, this special exception stays with property owner and ends if the property is sold by Davis in the future. 2 nd by Achterberg. Motion carried 3-0. Wollenburg abstained. Chair noted this is an allowed and compatible use in this zoning district and similar to other businesses in the area and township; not detrimental to public h ealth, safety or welfare and approved application with condition added. Malsack approved application; indicated applicant has met the setback to the road; has applied for a use that is identical to the defin ition of a home-based business and consistent with similar business on this same road; and there is no agricultural impact in allowing this use. Achterberg approved and noted this is not a huge demographic change all owing this use; applicant has this use only and maintains that use only for her business; and building fits the area. Application with conditions passed: 3-0. Wollenburg abstained. Other Business: Potter stated the next meeting will be held i n the Public Safety Room of the Courthouse, April 30, 2026, at 1:00pm. There were not applications completed to hold a March hearing. Meeting adjourned at 1:35pm