Board of Adjustment — Agenda Packet

1 Board of Adjustment Wednesday, October 14, 2026, 8:45 AM ADMINISTRATION CENTER — AUDITORIUM 121 W. MAIN STREET, PORT WASHINGTON, WI 8:50 a.m. Proceed to inspection of scheduled case sites 10:00 a.m. (or as soon as possible thereafter) anticipated return from inspections AGENDA 1. Call to Order 2. Public Notice a. Public Notice for Variance Request 3. Approval of Minutes a. January 11, 2023 4. Hearing, deliberation, and decisions on applications, appeals and variances a. Application Documents & Staff Report regarding the Variance Request to a stream setback 5. Communications and Miscellaneous a. BOA Members and Terms 6. Any other matters allowed by law 7. Adjournment A quorum of members of committees or the full County Board of Ozaukee County may be in attendance at this meeting for purposes related to committee or board duties. However, no formal action will be taken by these committees or the board at this meeting. Page 1 of 67 Item: 2.a. Agenda Item Information Sheet To: Board of Adjustment From: Katie Vogeler, Director, County Conservationist Meeting Date: October 14, 2026 Department/Office: Land & Water Management Item Name: Public Notice for Variance Request Summary: The hearing is to discuss and take action on the following variance application for reduced setback from navigable stream. Recommended Action: Attachments: 1. Elton legal notice 2. Neighbor Variance Letter 3. Neighbor Variance Letter 2 Page 2 of 67 (October 1st, 2026 & October 8th, 2026) NOTICE OF OZAUKEE COUNTY BOARD OF ADJUSTMENT MEETING NOTICE IS HEREBY GIVEN that a meeting of the Ozaukee County Board of Adjustment will be held on Wednesday, October 14, 2026, at 8:45 a.m. in the Auditorium of the Ozaukee County Administration Center, 121 W. Main St., Port Washington. The public and all interested persons are invited to attend this hearing. The site plans are on file with the Ozaukee County Land & Water Management Department for review. Please note: the Board will come to order at 8:45 a.m. and then proceed with onsite inspections of each site listed below, but will return to the Auditorium at 10:00 a.m., or as soon as possible thereafter, to discuss and act on the requests and applications. No discussion or action will occur until after returning from the inspections and after the time indicated. The hearing is to discuss and take action on the following application(s) affecting the following described real estate: Town of Belgium, T12N-R22E in part of the NE1/4 of the NE1/4 of Section 36, Lots 5 and 6, Block 1, Sandy Beach Subdivision; Tax Key #01-054-01-05-000; Site address: 5266 Sandy Beach South, Belgium WI. Request for a variance to Section 19.07200 of the Ozaukee County Shoreland Protection Ordinance by Mikkelson Builders, agent, and Mike and Kira Elton, Owners, for a reduced building setback to an unnamed navigable stream located on the southern portion of their parcel for the purposes of constructing a new residence and driveway. OZAUKEE COUNTY BOARD OF ADJUSTMENT Philip Steinke, Chairman Page 3 of 67 Page 4 of 67 Page 5 of 67 Item: 3.a. Agenda Item Information Sheet To: Board of Adjustment From: Katie Vogeler, Director, County Conservationist Meeting Date: October 14, 2026 Department/Office: Land & Water Management Item Name: January 11, 2023 Summary: January 11, 2023 Recommended Action: Approve minutes as submitted from the January 11, 2023 meeting. Attachments: 1. Oz Co BOA 01-11-23 cond Page 6 of 67 1 of 41 sheets Page 1 to 4 of 104 10441 1 STATE OF WISCONSIN1 OZAUKEE COUNTY BOARD OF ADJUSTMENT --------------------------------------------------------2 Appeal of CHARLES SHERIDAN LIVING TRUST by Charles3 Sheridan 4 Said appeal is for the following two decisions by the Ozaukee County Zoning Administrator:5 1) The Administrator's September 13, 2022, denial of6 the Trust's requests for multiple variances associated with the Trust's plan to construct a boathouse; and7 2) The Administrator's September 26, 2022, denial of8 the Trust's request for a Shoreland Permit. 9 Property: Town of Fredonia, T12N R21E in part of the SE ¼ of SW ¼ of Section 28. Tax Key No. 04-028-12-002.0010 Site Address: W4128 Mill Street, Fredonia, WI, formerly11 known as The Button Factory --------------------------------------------------------12 DATE: January 11, 202313 TIME: 10:00 a.m. to 12:45 p.m.14 PLACE: Ozaukee County Administration Building15 121 W. Main Street, Room 118 Port Washington, WI 5307416 17 BOARD OF ADJUSTMENT MEMBERS: 18 Philip E. Steinke, Chairman; Robert Hubing, William Koeppen, Marjie Tomter and Thomas Winker (Alternate)19 20 21 22 23 Reported by Betty K. Vande Boom, Registered Professional Reporter and Notary Public.24 25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 2 APPEARANCES:1 DAIRYLAND PUBLIC INTEREST LAW, by2 KATHLEEN G. HENRY, P.O. Box 3523 Madison, WI 53701 khenry@dairylandpublicinterestlaw.com4 Attorney for Charles Sheridan Living Trust by Charles Sheridan5 OZAUKEE COUNTY CORPORATION COUNSEL, by6 RHONDA GORDEN, 1201 S. Spring Street, Suite 2157 Port Washington, WI 53074 rgorden@co.ozaukee.wi.us8 Attorney for Ozaukee County 9 CRIVELLO CARLSON, S.C., by NATHAN J. BAYER,10 710 N. Plankinton Avenue, Suite 500 Milwaukee, WI 5320311 nbayer@crivellocarlson.com Attorney for Ozaukee County Board of Adjustment12 BARRY SULLIVAN, Sanitation and Zoning Specialist13 Ozaukee County Land and Water Management Department 121 W. Main Street14 Port Washington, WI 53074 bsullivan@co.ozaukee.wi.us15 CHARLES SHERIDAN, Applicant16 17 ALSO PRESENT: Paul & Jodi Bernhardt, Karen Retzer, Dave & Cheryl Gorton, Jacquelin Fulcomer, Christine Luft and18 Rick Fellenz 19 20 21 22 23 24 25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 3 I N D E X1 COMMENTS BY: PAGE2 CHAIR STEINKE 43 MR. BAYER 5 MR. SULLIVAN 74 PUBLIC COMMENT 29 MR. BERNHARDT 295 MS. RETZER 33 MS. GORTON 346 MS. FULCOMER 34 MS. LUFT 367 MR. FELLENZ 39 CLOSED PUBLIC HEARING 398 MR. SULLIVAN 40 MR. SHERIDAN 419 MR. SULLIVAN 50 MR. SHERIDAN 5110 MR. SULLIVAN 52 MR. BAYER 5311 MR. SHERIDAN 57 MS. HENRY 5812 MR. BAYER 68 MS. GORDEN 7013 MR. SULLIVAN 75 CHAIR STEINKE 8114 QUESTIONS 81 MOTIONS 8915 16 EXHIBIT NO. PAGE 17 1 Staff report 4 2 Letter from Ms. Henry with Addendum 2118 1/09/23 3 Letter from Dale Rezabek to Ozaukee 2119 County BOA 1/10/23 4 Barry Sullivan email 1/09/23 2120 5 Barry Sullivan email 1/10/23 21 6 Barry Sullivan email 8/09/22 2121 7 Letter from Ms. Henry with Addendum 42 1/09/23 with additional documents22 presented at hearing 8 Barry Sullivan email 7/19/22 8023 24 (Exhibits No. 1 thru 8 attached to original & copies) (Original transcript supplied to Mr. Sullivan.)25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 4 TRANSCRIPT OF PROCEEDINGS: 10:30 a.m.1 2 (Exhibit No. 1 marked.)3 4 CHAIR STEINKE: Okay. We're going to5 call the meeting to order at 10:32. Looks like on6 the clock, 10:31. The Board of Adjustment went out7 and did the onsite inspection this morning and now8 we're back and we're reconvening our meeting.9 Mr. Sullivan, has the media, neighbors10 and general public, applicant and property owners11 been notified of the meeting and the hearing12 schedule?13 MR. SULLIVAN: Yes.14 CHAIR STEINKE: The board meeting and15 public hearing are open to the public. Anyone16 wishing to address the board, as long as they're17 recognized by me, then we'll do it in an orderly18 fashion. Identify yourselves and make sure that19 you've signed in on the sheet over here.20 Remember, the court reporter here, so21 speak not too fast and clearly so she -- and she22 may ask for your name or something. Just make sure23 you can get that, please.24 Adequate time will be provided to each25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 7 of 67 Page 5 to 8 of 104 2 of 41 sheets 5 person wanting to address the board. The hearing1 is recorded and it's a public hearing.2 Barry, would you like to read the staff3 report?4 MR. SULLIVAN: Yes.5 MR. BAYER: Before we do that, Mr.6 Chairman, I just wanted to, for the benefit of7 those that weren't here this morning, just wanted8 to mention that the Board of Adjustment met at 8:459 and then adjourned to conduct the site inspection,10 which was conducted on site earlier, and at the11 property, and then from there my understanding is12 that we didn't lose anybody on the way back, that13 all of the Board of Adjustment members that were14 present this morning have returned and are now15 present at this time. Right? Is that right?16 CHAIR STEINKE: Correct.17 MR. BAYER: Okay. Okay.18 MS. HENRY: Can you hear him? Could you19 hear Nathan speaking?20 MR. SHERIDAN: Yeah, I can.21 MR. BAYER: Okay. Just let me know. I22 just, I didn't want to shout, shout everybody out23 of the room, but --24 MS. HENRY: Can we shut the door?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 6 MS. GORDEN: No, we can't.1 MR. WINKER: No, we can't.2 MS. HENRY: Oh, you prefer it open.3 Okay.4 MS. GORDEN: It's an open meeting. We5 can't shut the door.6 MR. SHERIDAN: Didn't we say the public7 comments go first?8 MR. BAYER: That's right.9 MS. HENRY: He was just putting on the10 record.11 MR. BAYER: I was just putting on the12 record.13 MR. SHERIDAN: I'm sorry. I'm a little14 hard of hearing.15 MR. BAYER: Sure. No problem. What I16 was doing I just wanted to recognize that for the17 benefit of those that are just joining us now, that18 I was just putting down on the record that we19 conducted the site inspection earlier and that all20 of the same Board of Adjustment members that21 attended this morning are now, are now back.22 And we'll put those names in there later23 because we did not have the court reporter here24 when we first went on the record at 8:45. So we'll25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 7 just clean that up at the end of the meeting.1 MS. GORDEN: Okay.2 MR. BAYER: We're all set.3 MR. SULLIVAN: Barry Sullivan, Sanitation4 and Zoning Specialist for the Ozaukee Land and5 Water Management Department.6 Staff report for Board of Adjustment7 hearing, January 11, 2023, known as Ozaukee Board8 of Adjustment Exhibit 1.9 Charles Sheridan Living Trust by Charles10 Sheridan appeals these two decisions of the Ozaukee11 County Zoning Administrator.12 1, the Administrator's September 13th,13 2022, denial of the Trust's request for multiple14 variances associated with the Trust's plan to15 construct a boathouse.16 And 2, the Administrator's17 September 26th, 2022, denial of the trust request18 for a shoreland permit.19 These appeals both relate to the20 following property: Town of Fredonia, Township 1221 North, Range 21 East and part of the Southeast22 Quarter of the Southwest Quarter of Section 28.23 Tax key number 03-028-12-002.00. Site address:24 West 4128 Mill Street, Fredonia, Wisconsin,25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 8 formerly known as The Button Factory.1 Background: Since acquiring the property2 in 1989 Mr. Sheridan has applied for several3 variances and a shoreland permit to convert a4 nonconforming structure located within the floodway5 of the above-described property into a commercial6 boathouse. The following is a timeline of several7 events relevant to these appeals.8 1, May 22, 1989, Mr. Sheridan purchased9 the property at the Sheriff's auction for $2,30010 subsequent to tax foreclosure by Ozaukee County.11 2, September 13, 1991, the Board of12 Adjustment held a hearing on the application for a13 variance filed Mr. Sheridan seeking a reduction to14 a shoreland setback requirement. Mr. Sheridan15 presented a plan to reconstruct the, reconstruct16 the nonconforming structure to its historic17 appearance and to install a kitchen and bathroom18 with the intention of using the nonconforming19 structure as a residence. The BOA denied Mr.20 Sheridan's variance application for reduced21 setback.22 3, June 27, 2022, Mr. Sheridan submitted23 a new variance application requesting the following24 variances and presented a plan to convert the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 8 of 67 3 of 41 sheets Page 9 to 12 of 104 10441 9 nonconforming structure to a commercial boathouse.1 Attachment A.2 A, Substitution of Use, 7.1204(D).3 B, Dimensional Area Variance, sub I,4 improving structure that is beyond the ordinary5 high water mark 7.0305(B). Double I, Exceed Square6 Footage 7.0305(C). Triple I, Setback From Ordinary7 High Water Mark 7.0305(D); 4, Structural Height8 Limit 7.0307.9 4, September 13, 2022, department issued10 a letter denying the new variance application.11 Attachment B.12 5, September 21st, 2022, Mr. Sheridan13 submitted a shoreland permit application requesting14 permission to convert the nonconforming structure15 into a commercial boathouse. Attachment C.16 6, September 26th, 2022, the department17 issued a letter denying the shoreland permit18 application citing applicable authority and19 providing its reasons for denial. Attachment D.20 7, October 11, 2022, Mr. Sheridan21 submitted an application to appeal the second22 variance application denial. Attachment E.23 8, October 24th, 2022, Mr. Sheridan24 submitted an application to appeal the shoreland25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 10 permit application denial. Attachment F.1 Jurisdiction. The Board of Adjustment,2 BOA, has jurisdiction under 7.1204(D) to hear and3 decide application for substitution of less4 nonconforming uses for existing nonconforming uses.5 The BOA has jurisdiction under 7.1204(C) to grant a6 variance from the dimensional standards of this7 ordinance pursuant to Section 7.1206.8 The BOA has a jurisdiction under9 7.1204(B) to hear and decide the appeals where it10 is applicable, where it is alleged there is an11 error in any order, requirement, decision,12 interpretation or determination made by the zoning13 administrator.14 Bases for denials. Mr. Sheridan's15 intention was to, 1, obtain a substitution use and16 dimensional variances itemized above; and 2,17 subsequently obtained a shoreland permit to convert18 the nonconforming structure into a commercial19 boathouse.20 Request for substitution of use variance21 under 7.1204. Mr. Sheridan states in his22 application for a variance and request for a23 hearing that the nonconforming structure has not24 been used for more than 12 months for any purposes.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 11 Attachment A, page 11.1 When the nonconforming use or use of a2 nonconforming structure is discontinued for 123 consecutive months, any future use of the property4 or structure shall conform to the Ozaukee County5 Shoreland and Floodplain Zoning Ordinance, pursuant6 to 7.0901(A) and 7.0902(B)6. Parentheses, see also7 59.69(10)(am), Wisconsin Statutes and NR8 116.15(1)(b), Wisconsin Administrative Code,9 parentheses. The jurisdictional provision cited10 above, 7.1204(E), indicates that the BOA has, BOA11 only has the authority to allow substitutions for12 existing nonconforming uses. As the commercial use13 of the property and use of the nonconforming14 structure has been discontinued for more than15 12 months, there is no existing nonconforming use16 to substitute for.17 The ordinance in Section 7.1206 C 3 also18 broadly prohibits allowance of a use variance that19 would grant, extend, or increase any use prohibited20 by this ordinance, or allow actions which would21 require an amendment to this ordinance or zoning22 map. The ordinance in 7.0808 B more specifically23 provides that no fill or structures shall be24 permitted in the floodway other than those25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 12 specifically allowed under Section 7.0808.1 The ordinance under 7.0808 E defines2 prohibited uses in relevant part as uses not listed3 in Section 7.0808 C, or 7.0808 D. Uses are not4 required -- requiring a shoreland permit are listed5 in 7.0808 C. None of the uses permitted by 7.08086 C are relevant to Mr. Sheridan's proposal. Uses7 requiring a shoreland permit are listed in 7.08088 D, which does not reference commercial boathouses.9 The nonconforming structure is located10 wholly within the floodway of the Milwaukee River.11 The provisions in 7.0808 and 7.0809 apply to12 permitting in the floodway and floodfringe13 respectively, and are patterned after NR 116.12 and14 116.13, Wisconsin Administrative Code, which also15 regulates development in the floodway and16 floodfringe.17 Respectively, reading these ordinances18 and code provisions collectively, it is evident19 that structural commercial uses may be permitted in20 the floodfringe but not in the floodway.21 Mr. Sheridan states that with a permit22 one can have a structure that is dependent on a23 waterfront location, such as a boathouse.24 Attachment E, page 10. This is a general statement25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 9 of 67 Page 13 to 16 of 104 4 of 41 sheets 13 that fails to confront a more specific prohibition1 on commercial structures in the floodway. Even if2 7.0808, 7.0809 and NR 116.12 and 116.13 were3 construable to allow commercial boathouses in the4 floodway, Mr. Sheridan would still have to comply5 with FEMA floodproofing standards, which is6 something he has previously acknowledged to the7 department of land and water is not possible.8 Mr. Sheridan states that there is no law9 or ordinance prohibiting unused buildings from10 being used again. And Attachment E, page 10.11 The broad statement fails to confront the12 specific prohibitions that apply to the13 discontinued use of a nonconforming structure14 located within the floodway.15 Mr. Sheridan also broadly states that16 boathouses are permitted under Ozaukee County17 Ordinance 7.0305, Attachment E, page 3. This broad18 statement fails to confront the prohibition on19 permitting new commercial structures in the20 floodway.21 Request for dimensional variances under22 7.1206. The ordinance under 7.1205 B requires that23 Mr. Sheridan meets the burden of establishing the24 following factors before the BOA may grant his25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 14 dimensional variances:1 1, literal enforcement of the provisions2 of this ordinance will result in unnecessary3 hardship to the applicant.4 2, the hardship is due to unique property5 conditions not common to nearby lots or property.6 3, the variance is not contrary to the7 public interest.8 4, the variance is consistent with the9 purpose of this ordinance set forth in Section10 7.0104.11 Furthermore, the BOA must make all the12 following findings under 7.1206 C 1 to 6 before it13 may grant any of the dimensional variances14 requested.15 Preservation -- 1, Preservation of16 intent. The variance is consistent with the17 purposes of this ordinance as set forth in Section18 7.0104.19 2, Unnecessary hardship: A literal20 enforcement of the ordinance will result in21 unnecessary hardship.22 3, Use variance prohibited. The variance23 will not grant, extend or increase any use24 prohibited by this ordinance or allow actions which25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 15 would require an amendment to this ordinance or the1 zoning maps in accordance with Section 7.13O -- 00.2 4, Exceptional circumstances. There are3 unique conditions associated with the property4 that's not common to nearby lots or properties.5 4, Financial hardship and self-created6 hardship not grounds for a variance. A variance is7 not being granted on the basis of financial8 hardship, to increase the economic value of the9 property, or because of conditions that are10 self-created.11 6, Absence of the detriment. The12 variance will not damage the rights, rights or13 property values of others or contrary to the public14 interest, or harm these natural resources that this15 ordinance is intended to protect.16 The ordinance under 7.1206 C 3, states17 that dimensional variances are not permitted if18 they would grant, extend or increase any prohibited19 -- use prohibited by the ordinance. Mr. Sheridan20 seeks several dimensional variances to enable him21 to construct a commercial boathouse in the22 floodway. As established above, the ordinance does23 not permit the development of commercial structures24 in the floodway.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 16 Mr. Sheridan states that in his variance1 appeal that he will suffer unnecessary hardship if2 his requests for dimensional variance is not3 granted. Attachment E, pages 10 through 11.4 The ordinance defines unnecessary5 hardship as a circumstance where special conditions6 affecting a particular property, which were not7 self-created, make it strict conforming with the8 restrictions governing dimensional standards, such9 as lot area, lot width, or setbacks, unnecessarily10 burdensome or unreasonable in light of the purposes11 of this ordinance.12 The Supreme Court has similarly held that13 when considering an area variance, the question of14 whether unnecessary hardship or practical15 difficulty exists is best explained as whether16 compliance with the strict letter of the17 restrictions governing area, setbacks, frontage,18 height, bulk, or density would unreasonably prevent19 the owner from using the property for a permitted20 purpose or would render conformity with such21 restrictions unnecessarily burdensome. 2 Rathkopf,22 The law of Zoning and Planning, 45 through 28, 3rd23 edition, 1972.24 Snyder versus Waukesha County Zoning25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 10 of 67 5 of 41 sheets Page 17 to 20 of 104 10441 17 Board of Adjustment, 74 Wisconsin 2d 468, 4741 through 75, 247 North W 2d 98 (1976). As Mr.2 Sheridan is proposing to use the property for3 purposes not permitted by the ordinance, he is4 unable to demonstrate unnecessary hardship.5 Any hardship that Mr. Sheridan alleges6 due to his inability to construct a commercial7 boathouse on the property is a self-created8 hardship contrary to 7.1206 C 5. Mr. Sheridan9 bought the property at a sheriff sale as is at10 auction prices and subject to all shoreland zoning11 limitations. The intent of the ordinance would be12 repeatedly thwarted if individuals were allowed to13 purchase discontinued nonconforming uses and14 structures and establish new nonconforming uses by15 obtaining variances.16 Mr. Sheridan is also seeking to increase17 the economic value of the property by converting18 the nonconforming structure for commercial use,19 contrary to 7.1206 C 5.20 Mr. Sheridan has failed to establish21 under 7.1206 C 4, that exceptional circumstances22 exist on the property that are not common to nearby23 lots or properties which are also located on the24 river. Mr. Sheridan even states that no adjacent25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 18 properties have similar situations for allowing1 such a boathouse. Attachment E, page 11.2 Mr. Sheridan alleges that his proposal is3 in the public interest because it would enable4 public access to the river, but 7.1206 C 1 requires5 the BOA's focus to be on the purpose of the6 ordinance as stated in 7.0104. The stated purpose7 of, in 7.0104 includes minimizing water pollution,8 preserving open space, preventing flooding, erosion9 and runoff, protecting fish and aquatic life,10 preserving natural beauty, protecting life, health11 and property, and preventing waste due to flood12 damage. The primary purpose of the ordinance is13 not to promote the public interest in recreation,14 but to promote the public interest in preservation15 of the shoreline.16 Appeal of the denial of shoreland permit.17 The shoreland permit was denied for the same18 reasons stated above. The Trust's appeal suggests,19 without enumerating specifically why, that the20 administrator's interpretation or application of21 parts of the zoning code were in error, were in22 error. Although the administrator's interpretation23 and application is correct, the issue is moot for24 the following reason:25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 19 The Trust's appeal and application1 acknowledges that the requested shoreland permit2 cannot be approved unless variances are approved3 and all other provisions of the Shoreland and4 Floodplain Zoning ordinance are followed. If any5 one of the variance is not granted, the denial of6 the permit application for any other reason is7 irrelevant.8 The Trust's argument related to a9 prospective private onsite wastewater treatment are10 irrelevant. Mr. Sheridan appeals the department's11 denial of a variance based on private onsite12 wastewater treatment regulations, POWTS, under13 7.0902 C 2 and 3. Attachment F, page 3. This14 issue is not a matter for the BOA's review at this15 time as Mr. Sheridan has not applied for a POWTS16 permit.17 The Wisconsin Department of Natural18 Resources advisement that the boathouse is allowed19 under Chapter 30 of the Wisconsin Statute is20 irrelevant.21 Mr. Sheridan repeatedly asserts that the22 variances and shoreland permit should be granted23 because the Wisconsin Department of Natural24 Resources has advised him that they have no issue25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 20 with him converting a nonconforming structure to a1 boathouse. Relevant to Mr. Sheridan's proposal,2 the Wisconsin DNR enforces Chapter 30 of the3 Wisconsin Statutes. Rather than advising Mr.4 Sheridan that there are no barriers to his5 proposal, the Wisconsin Department of Natural6 Resources has merely advised him that there are no7 Chapter 30 limitations on his proposal.8 The Wisconsin Department of Natural9 Resources does not regulate shoreland zoning. The10 Wisconsin Department of Natural Resources supports11 the County's decision to deny the variances and12 shoreland permit under the ordinances, under the13 Ordinance, Wisconsin Administrative Code and14 Wisconsin Statute. End.15 CHAIR STEINKE: Barry, I have one16 question. When you said the tax key, you said 0317 and our sheets say 04. The first number.18 MR. SULLIVAN: It should be 04.19 CHAIR STEINKE: 04.20 MR. SULLIVAN: Yes. Mr. Chairman, I do21 have correspondence as well. If you would like me22 to read that.23 CHAIR STEINKE: Yeah, please read them.24 MR. SULLIVAN: Okay.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 11 of 67 Page 21 to 24 of 104 6 of 41 sheets 21 MS. GORDEN: It's a part that exhibit.1 (Discussion off the record.)2 (Exhibit No. 2 thru 6 marked.)3 MR. SULLIVAN: Exhibit, Board Adjustment,4 Ozaukee County Board Adjustment Exhibit 2. This is5 a letter from Dairyland Public Interest Law.6 Kathleen Henry, attorney, sent this to Nathan,7 outside corp counsel, attorney. He forwarded this8 to both myself and corp counsel.9 January 9th, 2023, Charles Sheridan's10 addendum to attachments to applications for11 variances and shoreland permit on appeal to the12 Board of Adjustment.13 MS. HENRY: At least tell him it's just14 one page, so they're not waiting.15 MR. SULLIVAN: Yeah, it's a one-page16 document. This addendum supplements the17 applications concerning a boathouse, attachments18 and exhibits already filed in appeals to the Board19 of Adjustment from Charles Sheridan.20 1, Some variances we applied for should21 not be required by the county. In our application22 for variances we applied for a substitution of use23 under the Ozaukee County Ordinance 7.1204(D).24 However, we are not a nonconforming use as our use25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 22 is allowed in this district. Both boathouses and1 commercial uses are lesser included use in2 industrial districts. The building has not been3 used for more than 12 months for any purpose. It4 is therefore a discontinued use.5 We also applied for two related setback6 variances, variance of 7.0305(D), setback minimum7 10 feet from the ordinary high water mark; and8 variance of 7.0305(B), ordinary high water mark, as9 instructed by the county. However, we do not need10 either setback variance because under Wisconsin11 Statutes 59.692(1k)(a)2a, a county may not prohibit12 repair or remodeling if it does not expand the13 footprint of the structure. We will not be14 expanding the footprint of the building.15 The only two variances we should be16 required to apply for are height and width as17 stated in our application, needed because of the18 existing height and width of this historic19 building.20 2, We should not be required to apply for21 a shoreland zoning permit. We applied for a22 shoreland zoning permit, but we would not be23 required to because the building is below the24 ordinary high water mark and falls outside county25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 23 shoreland zoning because the county shoreland1 zoning begins at the landward of the ordinary high2 water mark. The DNR regulates navigable waters.3 The County Ordinance 7.0502 may not apply. We will4 not be doing activities mentioned in that5 ordinance.6 A, filling, grading, or excavating in any7 area within 300 feet of the landward of the8 ordinary high water mark of a navigable water on9 which there is, 1, filling, grading, or excavation10 of more than 1,000 square feet on slopes of 12 to11 20 percent or more. 2, filling, grading,12 excavating of more than 2,000 square feet on slopes13 less than 12 percent. 3, any filling or grading on14 slopes of more than 20 percent. B, changing,15 enlarging, or removing materials from navigable16 waters. Very truly yours, Kathleen Green Henry.17 I have submitted this app to the18 Wisconsin DNR officials, Dale Rezabek, copy Andrea19 Stern, with this, as well as a copy of the survey.20 I, my question to the, to Dale and21 Andrea. I sent this out on January 9th, 2023.22 They responded. But this is what I sent to them23 first.24 Dale and Andrea, attached is an addendum25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 24 that the outside counsel for the Board of1 Adjustment received today from Mr. Sheridan's2 attorney. I also attached the most current survey3 of the property. If you look at the Item 2, in4 the, we should not be required to apply for a5 shoreland zoning permit. They state we applied for6 a shoreland zoning permit, but we should not be7 required to because the building is below the8 ordinary high water mark and falls outside of9 shoreland zoning because the county shoreland10 zoning begins at the landward of the ordinary high11 water mark. This is incorrect -- this is12 incorrect. The only high water mark is on the13 outside of the building. I believe Kathi Kramasz14 had informed me verbally of this several years ago.15 Therefore, the building is considered on the16 landward side of the ordinary high water mark. Can17 you confirm this? Thanks, Barry.18 Response from Mr. Dale Rezabek, that same19 day, Hi, Barry, this is response to your request20 for technical assistance regarding implementation21 of shoreland zoning standards in the county22 ordinance. Please feel free to summarize or23 incorporate portions of this response as your, as24 you find appropriate within county correspondence25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 12 of 67 7 of 41 sheets Page 25 to 28 of 104 10441 25 on this matter and/or with the applicant.1 The former button factory is an existing2 nonconforming structure and is properly regulated3 under shoreland zoning. Yes, it intersects the4 ordinary high water mark, but is not a structure5 regulated under Chapter 30. It is also a structure6 located within the floodplain zone and within the7 floodway. Parentheses, correct, Andrea,8 parentheses. Dale.9 Exhibit 3, this is correspondence from10 the DNR regarding the appeal hearing.11 January 10th, 2023. Ozaukee County Board of12 Adjustment. Our address here. Appeal hearing for13 Charles Sheridan Living Trust Property, Town of14 Fredonia, Ozaukee County.15 Dear Board Members: We are writing to16 you to provide Wisconsin Department of Natural17 Resources, department, comments regarding the18 appeal hearing for the denial of the permit19 application and variance application for Charles20 Sheridan Living Trust Property to be heard by the21 Ozaukee County Board of Adjustment (Board) on22 January 11, 2023.23 We appreciate that you provided us with24 the materials for this public hearing. We are25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 26 providing these comments to you in place of making1 an appearance at the public hearing in person.2 The department has reviewed the permit3 application, the variance application, and denial4 letters for each by the county. The department has5 reviewed the county zoning staff reports for6 appeal. The department concurs with the findings7 for the staff report, and in addition the report8 represents the department's communications with Mr.9 Sheridan regarding the proposed commercial wet10 boathouse. The department agrees that the zoning11 office has regulated the parcel correctly according12 to county shoreland zoning ordinance and county13 floodplain zoning ordinance provisions.14 Sincerely, Dale Rezabek, Shoreland15 Specialist, Andrea Stern, Water Management16 Engineer.17 Exhibit 5. I wrote emails to the DNR for18 some clarification regarding dealing with Chapter19 30 stuff. So when I wrote this one out, I sent20 this out yesterday, yesterday and Mr. Rezabek21 responded back. Dale and Andrea, one additional22 thing. Does a commercial boathouse require a DNR23 permit? And secondly, if so, has Mr. Sheridan24 submitted an application to the DNR for a25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 27 commercial boathouse? Regards, Barry.1 Mr. Rezabek responded back. I have2 attached the email about how we responded to Mr.3 Sheridan about that question. Hope this helps.4 Thanks, Dale.5 Exhibit 6 is the attachment that Mr.6 Rezabek sent. This is the same one that's probably7 in your application on the Chapter 30, but I wanted8 to make clarification before the hearing. That's9 why I did this.10 Mr. -- Hello, Mr. Sheridan. This was an11 email that Dale Rezabek sent to Mr. Sheridan, dated12 August 9th, 2022. Hello, Mr. Sheridan. The13 department has reviewed your project about the14 permitting of The Button Factory under the15 commercial boathouses section, Section 30.121(3w).16 The department no longer believes these17 requirements apply to your project. Wisconsin18 Statutes 30.121(5), Wisconsin Statutes specifically19 contemplates the applicability of boathouse20 certification requirements for structures listed on21 the National Register of Historic Places.22 Considering the facts of the project as we know it,23 we have determined that The Button Factory will not24 require a boathouse certification issued by the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 28 department under Chapter 30 Wisconsin Statutes.1 However, you should continue to work on obtaining2 approvals for your project from Ozaukee County3 under the County's Floodplain and Shoreland Zoning4 Ordinances, as well as any permitting necessary5 from the Town of Fredonia Zoning Ordinance. Please6 work with those local regulatory entities regarding7 any requirements -- required next steps in their8 respective authorization process. Dale. That's it9 for me.10 MS. HENRY: Do you have an extra copy of11 the exhibits?12 MR. SULLIVAN: Yes. These are all the13 same.14 MS. TOMTER: Can I get a clarification?15 When you were reading the responses and the16 question was because the building may not be under17 shoreland zoning because it's below the high water18 mark, was the answer it still requires shoreland19 zoning?20 MR. SULLIVAN: Yes. The DNR has21 confirmed that the ordinary high water mark is on22 the outside backside of the building. Therefore,23 the building is considered in county shoreland24 zoning and the county has, it's under county's25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 13 of 67 Page 29 to 32 of 104 8 of 41 sheets 29 jurisdiction.1 MR. SHERIDAN: That's not correct. The2 ordinary high water mark goes through the building.3 MR. SULLIVAN: The DNR's contention is4 the building is part of shoreland zoning.5 Therefore, the building is under county6 jurisdiction for regulation purposes.7 CHAIR STEINKE: While you take care of8 this paperwork, can we open up the public comment9 then?10 MR. SULLIVAN: Yes, I'm done with.11 CHAIR STEINKE: It's 11:06. We are going12 to open up the public comment. As long as you've13 signed in, stand up, state your name and state your14 opinion.15 CHAIR STEINKE: Yes?16 MS. LUFT: Who wants to go first? I'll17 go last.18 CHAIR STEINKE: Well, then we need19 somebody to go first.20 MR. BERNHARDT: My name is Paul21 Bernhardt. My wife Jodi and I lived on Mill Street22 just west of the feed mill, or what used to be the23 feed mill, and I guess we are here because we got24 the notice, but I didn't really know what the whole25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 30 plan was.1 Our big concern is the feed mill and the2 safety. Obviously, that if you were there today,3 you saw it's somewhat closed off. It's caved in a4 lot. I'm not sure what the meaning of a commercial5 boathouse is. What, what would be the end use if6 it was to be.7 CHAIR STEINKE: Let us, we have a8 definition. Not your definition of a commercial9 boathouse.10 MR. BERNHARDT: That's what I'm looking11 for.12 MR. HUBING: While he's looking for that,13 can you specify which building you're talking about14 versus the one we looked at?15 MR. BERNHARDT: Well, the meeting is16 about the boathouse, which I didn't know that was17 specifically about that.18 MR. HUBING: Okay.19 MR. BERNHARDT: I'm worried about the20 whole, the mill, the entire property, yes.21 MR. HUBING: Which would be west of it?22 MR. BERNHARDT: Right.23 MR. HUBING: Where the road is closed.24 MR. BERNHARDT: Which is what I see from25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 31 my house.1 MR. HUBING: Okay.2 MR. BERNHARDT: But now that we're3 talking and I'm listening I'm wondering what4 exactly a commercial boathouse is and what it would5 be used for if it's not just for private use.6 CHAIR STEINKE: I'm looking for it.7 MR. SULLIVAN: Survey's in the packets.8 MR. SHERIDAN: Can I borrow it?9 MR. SULLIVAN: Yeah. Yeah. It's the10 exact same survey.11 MR. SHERIDAN: Okay.12 MR. BERNHARDT: I didn't mean to make you13 work this hard.14 MR. BAYER: While we are looking for15 that, can I just make a humble suggestion so we16 don't end up covering the same ground five or six17 times, is perhaps -- the general purpose of the18 public hearing portion is for anyone that has an19 opinion to weigh in on concerns that they might20 have about either granting or denying the variance,21 or the interpretation of the code, or the request22 for the alternative use.23 So I -- my suggestion would be to accept24 comment at this time and then address any specific25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 32 questions during the, during the portion of your1 argument when we'll swear any witnesses in, and at2 this point just accept feedback and, and comments3 from the public. Not to not answer that question,4 but to address it as part of the argument that5 would be made on behalf of, you know, either the6 county, or the applicant, and then make a note to7 specifically address the boathouse related issues.8 Otherwise, I'm just afraid that we're9 going to deep -- we're in the open public hearing10 portion and we're going to sort of devolve into an11 argument back and forth, which we are going to do12 again later. So that was my suggestion. That13 would just be my suggestion. If everybody's okay14 with that. Otherwise, we might be here until five15 in the afternoon as well.16 CHAIR STEINKE: The definition of17 boathouse is used exclusively for commercial18 purposes. Boathouses located on lands owned19 exclusively for commercial and industrial purposes.20 The boathouse is located on above ground.21 It does have prohibitions against certain22 things in a boathouse, but we don't have to go into23 that for now.24 MR. BERNHARDT: Okay. And then like I25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 14 of 67 9 of 41 sheets Page 33 to 36 of 104 10441 33 said, we were here because we are obviously1 concerned about the state of the feed mill too.2 CHAIR STEINKE: Right. And we're not3 taking any action on that at this time.4 MR. BERNHARDT: I get that now. And then5 I'm not sure what the island would ever be used for6 when it's under water often. The -- I see that the7 proposal to donate island to the county, that just8 kind of -- it was just a question.9 CHAIR STEINKE: And that would not be10 under board of adjustment either.11 MR. BERNHARDT: Okay.12 CHAIR STEINKE: We don't accept donations13 at this point.14 MR. BERNHARDT: Gotcha.15 CHAIR STEINKE: Anybody else?16 MS. RETZER: Karen Retzer. I live in17 Waubeka and I've been there for like over 50 years18 and I know the, kind of the history a little bit of19 The Button Factory.20 The older buildings, I was glad to see21 that it was kind of being fixed up a little bit,22 and I feel that it should continue to be worked on23 so that it can remain as a, the history of Waubeka,24 you know, too. I think that's important for a25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 34 small town. So I would definitely hope that he1 would continue.2 MS. GORTON: My name is Cheryl Gorton and3 I too live in Waubeka, in fact on Mill Street, and4 we've been hearing a lot about the constitution5 this week in the news and we're all, we all enjoy6 life, liberty and the pursuit of happiness, and for7 Charlie, that happiness is restoring an old8 building, and listening to the litany of denials9 that's happened, clearly it's been his happiness10 has kind of been trampled here, and I'm not an11 expert in law or anything else, but to me that's12 what comes up.13 I would love to see him be able to follow14 through with his plans. He's not asking any of us15 for money. He uses his own finances. As far as I16 know, Mill Street will never be a four-lane road.17 It's pretty settled there. I just don't see what18 the, what the problem is. So, in support of19 Charlie. Thank you.20 CHAIR STEINKE: Would you like to speak?21 MS. FULCOMER: I'm just observing22 actually.23 CHAIR STEINKE: Okay.24 MS. FULCOMER: But I could, and I'm25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 35 Jacqueline Fulcomer, F U L C O M E R. I think that1 it's important, I really do want to just see focus2 on making the building stable and fixing it up as3 necessary to keep the integrity of the building.4 So, whether that's creating a boathouse5 or not, I guess like all the laws are there for6 reasons, but I -- I -- I just want to see more7 focus on action and creating a safe and -- I can't8 even speak clearly. I'm really sorry. To me it's9 just most important to make the building stable,10 and that should be, in my opinion, humble opinion,11 the first thing focused on.12 Long-term things are great, but just13 getting like the nuts and bolts of preventing it14 from collapsing or making it more sound as a15 structure to promote the integrity of the16 historical structure is important, and that's it.17 CHAIR STEINKE: Thank you. All right.18 MS. LUFT: I'd rather go up there because19 I'm distracted watching my, as you're typing, I'm20 watching that.21 (Discussion off the record.)22 MS. GORDEN: When people are done23 speaking, could they step back into the public24 area? Because it creates the impression visually25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 36 that they're a member of the committee.1 MS. LUFT: I've been sitting here.2 THE REPORTER: You can sit here to speak.3 MS. LUFT: No. I'm fine. I'll stand.4 My name is Christine Luft, Waubeka. Generations5 have lived in the Waubeka area of our family. My6 interest is Waubeka, Town of Fredonia. I love --7 I've lived there my whole life. I only came to8 Port Washington to be born and I went home and I'm9 still there.10 So, The Button Factory is a historical11 part of Waubeka's history. It is like the saying12 about a baseball field, if you build it, they will13 come. These early businesses were built before14 roads. There was a trail along the river. Then15 one of many businesses that came to Waubeka was the16 button factory, the mills, which made this small17 town burst with life.18 There was no zoning. There were no19 ordinances. There were no setbacks. It was in the20 floodplain because it needed water power. For more21 than 30 years this gentleman, Mr. Sheridan, has22 been trying to save this building by even getting23 it on the National Register of Historic Places.24 It has survived many floods through its25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 15 of 67 Page 37 to 40 of 104 10 of 41 sheets 37 lifetime. The first known picture of that area is1 1880, by Nicholas Cigrand, Bernard Cigrand's2 father. So there's document of the flume and3 everything, you know, it's there. So, it has4 survived many floods, including after the dam5 removal, which we've had a lot of floods even after6 the dam's gone. I can verify that in our VFW park.7 It survived the big ice flood a few years ago. It8 standed the test of time.9 Mr. Sheridan has stated he has DNR10 approval for restoring this building and foundation11 meeting their requirements. He has met opposition12 for many years at the town and county level. Now13 the issue is basically the 12-month nonuse change14 in use, all of what you distinctly talked about.15 There have been many, The Button Factory16 has had many use changes with 12-month intervals of17 no vacancies over the years and no one has seemed18 to need it to get a variance before this.19 Different uses of The Button Factory were used as a20 community building, a dance hall with entertainment21 that I don't want to go into any further. A 4-H22 meeting room, to a private summer home residence.23 All of these changes took place over many years.24 I'm sure with 12-month intervals between, you know,25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 38 without needing variances.1 Another example of this type of situation2 of change in use also took place in our town. A3 school house was vacated with loss of use.4 CHAIR STEINKE: Ma'am, could you5 please -- we don't care about other issues. Just6 stick to this one.7 MS. LUFT: Okay. I'm just saying that8 there's been other things with these changes in9 uses. We know that there's been changes, uses in10 The Button Factory. I'll get down to the end here.11 Please be realistic and allow these12 buildings to be restored, like The Button Factory.13 Time is of the essence, even though it's survived14 many, many floods. The gentleman is working hard15 to, to go through all the steps. Possibly, a16 variance or re-visiting some of these ordinances on17 these historic buildings and old buildings to help18 revitalize a building like this would help, like19 re-visit your ordinances or give variances.20 Thank you.21 CHAIR STEINKE: Anybody else wish to22 speak?23 MR. FELLENZ: Just a question.24 CHAIR STEINKE: Yes.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 39 MR. FELLENZ: Rick Fellenz, if this is1 granted, is there any liability of the county or2 this board if there's a failure and a lawsuit?3 CHAIR STEINKE: That I wouldn't know.4 You would have to refer that to corporate counsel.5 MS. GORDEN: I'm sorry. What was the6 question? I was conferring with Barry.7 MR. WINKER: Rick, ask your question.8 MR. FELLENZ: If this is granted and9 there's an incident or a failure of this building,10 is the county and this board held harmless, or is11 there a potential lawsuit?12 MS. GORDEN: The county wouldn't have13 liability for a property owner's negligence in14 maintaining their property, no. Not just because15 they granted a permit. That wouldn't impose16 liability.17 If you're done speaking, could I have you18 sit over here?19 MS. FULCOMER: Oh, yeah. I'm sorry.20 MS. GORDEN: No, that's okay. There is21 no usher directing you.22 CHAIR STEINKE: Anybody else wish to23 speak? If not, we are going to close the public24 hearing at 11:21 and open our meeting.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 40 MS. GORDEN: Chair?1 CHAIR STEINKE: Yes.2 MS. GORDEN: Could Mr. Sullivan address3 the public comments about the use, the permissible4 use of the property?5 CHAIR STEINKE: Sure.6 MR. SULLIVAN: Barry Sullivan, land water7 management. The use, the structure since it has8 not, has not been in use for more than, for more9 than 12 months consecutive use, requires it to be10 brought into full compliance with the Ozaukee11 County Shoreland and Floodplain Zoning Ordinance.12 However, since the building has historic13 status, the only use that Mr. Sheridan could14 restore it back to as is is if he restores it back15 to the original use, which was a button factory.16 Any other change in use is prohibited, would17 require him to bring into full compliance with the18 ordinance.19 MS. GORDEN: And so that's merely because20 of the historical, it's noted as a historical21 structure on the registry.22 CHAIR STEINKE: All right. Any other23 questions before we, on this part before we move24 forward? All right. At this time I'll let you25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 16 of 67 11 of 41 sheets Page 41 to 44 of 104 10441 41 make your presentation.1 MR. SHERIDAN: Okay. I need to pass out2 some handouts.3 CHAIR STEINKE: Is there a difference4 from what we have already?5 MR. SHERIDAN: No. The, in order for6 people to see that.7 MS. HENRY: Yes, it's different.8 CHAIR STEINKE: It's different. Okay.9 MS. HENRY: Yeah. I didn't realize you10 already had the addendum, so you could -- --11 MR. SULLIVAN: Yeah.12 MS. HENRY: -- take it off and look at13 his.14 MR. SHERIDAN: We can open it up. You15 don't need to do that.16 MS. HENRY: Okay.17 MR. SHERIDAN: You can open it up and you18 can see because if you can't see well from here,19 then I'll point out everything on here. Okay.20 MS. HENRY: These poster boards we should21 mark it as.22 MR. SHERIDAN: So that's just, you get a23 close-up of the poster board, what I'm talking24 about.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 42 (Discussion off the record.)1 (Exhibit No. 7 marked.)2 CHAIR STEINKE: Okay. You can begin.3 MR. SHERIDAN: Okay. So I'm going to4 point out when I'm making the talk and I'm going to5 point to each one of those things as we go along.6 Okay.7 All right. So I'm Charles Sheridan.8 Good morning. The Button Factory shown in the9 photo is an interesting, has an interesting10 background. The factory used water power to punch11 buttons from river clam shells in the river before12 1900. I purchased the building from the county, I13 guess I said 1990. I guess it's 1989. I can't --14 been a long time. So it has been used as a weekend15 getaway from my family of three ladies from a16 Milwaukee trucking family for decades.17 A permanent roof was installed on the18 building. Okay. After the purchase. About five19 years ago we got the building on the National20 Register of Historic Places.21 I am a self-employed carpenter. Alone I22 rebuilt the rodded windows, put on new siding and23 painted the building. I sincerely hope that the24 building can get a permit, for without a permit the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 43 building will end up being demolished and that1 would be very sad to see a building on the national2 register demolished.3 Please see the blueprint here. Here's4 the blueprint of the building. Okay. This shows a5 side view. Is everybody following this so far?6 Okay. So this is a side view of the building on7 the east side of the building. This is the8 building from the road. After this, this would be9 after we put a front porch on it. The entire10 building has to be raised up at least three feet.11 We would have to raise the building and then we12 would have to put a new foundation under it. The13 foundation is in terrible condition. It needs to14 be replaced.15 Okay. So the idea here is to create a16 wet bay boathouse and kayaks could settle, could go17 directly from the river into the building. And18 then so the inside of the building becomes an19 extension of the river.20 All right. So, the county has already21 reviewed the foundation plan, and just to make a22 correction, the county did approve the23 floodproofing plan for the foundation. So. That's24 approved by a professional engineering and25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 44 architect firm.1 Okay. Most important thing about this is2 creating a public benefit. So we wish to create a3 boathouse business in this building here. Okay.4 But we also want to enable the public who do not5 own boats to rent boats and to take river tours.6 Okay. Now turning to Google earth map,7 this is -- does everybody follow and have the8 Google earth map and following along? Okay. So9 this is The Button Factory, which you just went to.10 Some of you parked on the road over here. And then11 some folks went over to take a look at the mill12 here. So our family owns both these properties13 here. And I just want to go over some, we're14 trying to do something for the public, not only to15 create a boathouse business and allow people that16 don't have boats to use boats in the river. We'd17 also like to give a public access to the river here18 for small boats, for kayaks and what have you. And19 then we also want to donate this island, which we20 own. This was originally a part of the land before21 it was excavated out. We own this property right22 here. We've done research on this. So we'd like23 to donate this property as a public park, and to24 this point the county has not really shown any25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 17 of 67 Page 45 to 48 of 104 12 of 41 sheets 45 interest. Okay. So, okay.1 Okay. Okay. Here, here's a book.2 Something I've read from, and this is, this is3 called Wisconsin Water Law in the 21st Century, and4 I'm going to quote from page 12 and 13 of this5 book, written by a gentleman named Paul Kent from6 Madison. So. And Ozaukee -- and this is quoting7 from the book. Ozaukee County has a duty under the8 public trust doctrine to enable the public to fish,9 hunt and recreate on Wisconsin waters. The county10 should not stand in the way of the public to access11 the river, which it would be by denying a permit to12 rebuild the boathouse. Okay.13 And it says as a sovereign state, this is14 again quoting from the book, Wisconsin chose to15 incorporate the public trust language from the16 Northwest Ordinance Constitution in 18 -- in its17 constitution in 1848. The public trust doctrine18 establishes both an affirmative duty on the state19 to protect and, to protect and promote public20 rights in navigable waters and a limitation of21 government powers prevent abridgement of these22 public rights.23 Thank you for your time.24 CHAIR STEINKE: Questions?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 46 MS. FULCOMER: My question was you1 mentioned that the foundation needs to be raised2 three feet. Is it because a boathouse height needs3 to be three feet higher than what it already is?4 MR. SHERIDAN: Yes. Yes.5 MS. FULCOMER: Okay.6 MR. SHERIDAN: So this old foundation is7 not a legal, legally permissible. It's below the8 100-year floodplain. So the, the whole structure9 would need to be raised up on piles, on cribbing,10 and then we would put a totally new foundation11 that's built like a bomb shelter. It's designed12 with 12-inch thick walls, rebar. There's steel13 crisscrossing this thing. I mean it's just -- go14 ahead.15 MS. FULCOMER: But is it really because16 the height of the foundation is not the --17 CHAIR STEINKE: It's got nothing to do18 with the existing foundation. He has to get the19 floor high enough out of the flood area. So in20 order for him to get the floor high enough and have21 head room in the basement he's got to raise the22 building up is what he's saying.23 MS. FULCOMER: Okay. So it has nothing24 to do with what is required to create a boathouse25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 47 in terms of --1 CHAIR STEINKE: Uh-uh.2 MR. SHERIDAN: I'm sorry, I'm not3 hearing.4 CHAIR STEINKE: But he wouldn't have5 enough height in the basement to stand in it if he6 doesn't raise it because the floor in the boathouse7 has to go up.8 MR. SHERIDAN: Okay.9 MS. FULCOMER: Okay. I only ask because10 I thought I read all boathouses need to be ten feet11 high.12 MR. SHERIDAN: We're just trying to raise13 it so that the --14 CHAIR STEINKE: But then his height --15 hold it. Please stop.16 MR. SULLIVAN: Yeah, one person at a17 time.18 CHAIR STEINKE: One at a time.19 MR. SHERIDAN: Okay. So we'd have to20 raise this so the wood part of the building is21 above the 100-year flood elevation.22 MS. FULCOMER: Okay.23 MR. SHERIDAN: And just to repeat, the24 county has approved the design for the new25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 48 foundation.1 MS. FULCOMER: Well, maybe not the2 county. He's shaking his head no. Maybe not the3 county, but maybe the DNR approved it?4 MR. SHERIDAN: The DNR also approved the5 whole project without reservation.6 MS. FULCOMER: Okay.7 MR. SHERIDAN: Any other questions?8 CHAIR STEINKE: I have a question for9 you. What's the cost of that? What's your budget10 for this?11 MR. SHERIDAN: At least a 100,000. I12 talked to Ostburger Concrete --13 CHAIR STEINKE: Oostburg Concrete.14 MR. SHERIDAN: I'm sorry. Oostburg15 Concrete. This was a two-year estimate. They want16 45,000 just to do that, and that may be higher now.17 I would say at least 15,000 minimum to raise the18 building. And then, and then probably a good bit,19 because as you saw, the floor, the first floor is20 totally gone. So we have to put steel beams across21 and then we need to tie the whole foundation22 together. So it's just, it's monstrously strong.23 CHAIR STEINKE: And when you crib this24 you're going to have to do that in the floodplain?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 18 of 67 13 of 41 sheets Page 49 to 52 of 104 10441 49 MR. SHERIDAN: Right. And you have to1 move quick because --2 CHAIR STEINKE: Let me finish asking3 questions before you answer, please.4 MR. SHERIDAN: Sorry. Sorry.5 CHAIR STEINKE: So you're actually going6 to be working outside of the parameters of that7 building in the floodplain?8 MR. SHERIDAN: Correct. Just for the9 temporary cribbing.10 CHAIR STEINKE: I understand.11 MR. SHERIDAN: Right.12 CHAIR STEINKE: But you're still going to13 need permission to work in that also when you crib14 that thing up. Where you going to put the building15 when they work underneath it?16 MR. SHERIDAN: It's going to go straight17 up in the air. It's not going to be moved. It's18 just going to go straight up in the air. Probably19 four feet maybe. I don't know.20 But the, the, I got an estimate from this21 company in, up in, further north, and they said22 that we need to move quick because we don't want23 to -- because once we get it up in the air we have24 to get the foundation in right away because of the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 50 potential for flooding.1 CHAIR STEINKE: Any other questions?2 Barry, do you want to clarify anything of what he3 said?4 MR. SULLIVAN: Yes, I would like to5 rebuttal. First item regarding the island. No6 documentation has been submitted to the department7 of proof of ownership.8 MR. SHERIDAN: Okay. All right. But the9 island is not up for review; right?10 MR. SULLIVAN: Clarification. Two, Mr.11 Sheridan mentions about the roof being fixed up.12 On June 8th, 1989, Dennis Kenealy, corporation13 counsel, sent Mr. Sheridan a letter informing him14 that it is permissible to do minimal work on the15 building only to the extent to prevent vandalism to16 the property. Mr. Kenealy informed Mr. Sheridan17 that any work requires a permit from the county.18 December 12th, 1991, Mr. Sheridan sent a19 certified letter to the County and Town of Fredonia20 Chairman that he intends to put a roof on the21 structure. The Town of Fredonia chairman informed22 Steven Narveson that the town has not authorized23 the construction of the roof.24 January 15th, 1990, Steve Narveson sent25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 51 Mr. Sheridan a letter informing him the department1 would allow a temporary roof on the structure such2 as a tarp, plastic, or similar nature.3 April 18th, 1990, memo sent to4 corporation counsel, that the inspector from this5 department, at the time called environmental6 health, had visited the property and observed a7 permanent roof being constructed without permits8 from the county.9 Second, foundation, that Mr. Sheridan is10 talking about. Oh, I'm sorry. Foundation. That11 has not been approved by the county. He submitted12 a shoreland permit application with that proposal13 in there. The shoreland permit application was14 denied because he was proposing a change in use of15 the structure and could not meet all the16 requirements of the Ozaukee County Shoreland17 Floodplain Zoning Ordinance. So that application18 was denied on October 5th, 2021.19 MR. SHERIDAN: Can I point out one more20 thing? Okay. If you guys, if you look on -- I'm21 just changing the subject. If you look on the22 survey, because there was discussion previously23 about the ordinary high water mark. If you look on24 the survey, you will see that the ordinary high25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 52 water mark goes through the building like this. It1 does not come over here. It goes through the2 building. And if we create a wet bay boathouse,3 that means that we're allowing the river into the4 building, which is already in the building, and so5 this all becomes, mostly becomes water in here.6 So, and my understanding is water is DNR and land7 is the county. I mean Barry told me that.8 MR. SULLIVAN: Rebuttal. That is9 incorrect.10 MR. SHERIDAN: Okay. Maybe my memory is11 getting too old. I don't know. Any other12 questions?13 CHAIR STEINKE: So has the building been14 inspected and been permitted with the local15 municipality for the roof and all the work you've16 done on it?17 MR. SHERIDAN: No.18 MR. SULLIVAN: Clarification. No19 building permit was issued by the Town of Fredonia.20 Town of Fredonia was in the same boat as the county21 at the time when he put the permanent roof on. The22 county had filed a lawsuit through the corporation23 counsel --24 MR. SHERIDAN: Correct.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 19 of 67 Page 53 to 56 of 104 14 of 41 sheets 53 MR. SULLIVAN: -- with the court. The1 Town of Fredonia was part of that, and sided with2 the county in that lawsuit.3 MR. SHERIDAN: Right. That's correct.4 And what was decided that I was allowed legally to5 keep the roof, but I had to pay a fine.6 Anything else? Any other questions?7 CHAIR STEINKE: Any other questions for8 the presenter? None appearing. Okay. Thank you9 for your presentation.10 Comments from the board members? We'll11 take them one at a time maybe. We have multiple12 requests for variance here. Even though the13 corporate counsel sent a letter saying she doesn't14 think we need to grant these. Did our counsel look15 at this, her letter, and do they concur that, from16 Kathleen here, that --17 MR. BAYER: Thank you, Mr. Chairman. I18 think that question is directed at me.19 CHAIR STEINKE: Yeah.20 MR. BAYER: So, as counsel for the board21 of adjustment, I don't take any position on whether22 any particular appeal or application for a variance23 should be granted or denied.24 My role is to assist the body in ensuring25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 54 that a proper record is made that will uphold any1 decision yay or nay that's made on any of the2 requests. So my, my role and directive is again to3 help make a good record and try to keep the body4 focused on the, on the elements of the request for5 the variance.6 So there's one point I'd like to make is7 if you look at the application, I think it does8 three things. As I read it, the -- it requests a9 number of variances. It, it --10 MS. HENRY: Excuse me. Did you know I11 wish to speak? Am I coming after you?12 MR. BAYER: Yeah, that's where I was13 going.14 MS. HENRY: I was doing correct.15 MR. BAYER: I wanted to suggest that16 counsel may want to address those before we opened17 it up to questions for the, for the applicant.18 So, the way I read it is, and you can19 correct me, counsel, if I'm incorrect. I see that20 there's a number of requests for specific21 variances. There's one challenge saying that we22 believe that the administrator, or the specialist,23 misinterpreted the code. And then the third24 request is for a substitution, and that is under25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 55 7.1207.1 And so I think in my mind the best way to2 go through these is to perhaps have Miss Henry3 further clarify on behalf of her client4 specifically what requests for variances that5 they're requesting, and how and why they meet the,6 the conditions that are laid out under the code,7 and I'll get into those in a second.8 And then have her address the allegation9 that there was a misinterpretation of the shoreland10 zoning code, and then finally address the11 substitution.12 And with respect to those variances, as13 I'm sure everyone knows, the existing code is very14 clear on what has, what conditions have to be met.15 A request for a variance under 7.1206 requires16 specific findings, and it can be granted if the17 literal enforcement of the ordinance will result in18 unnecessary hardship, and that the hardship is due19 to unique property conditions. That the variance20 is not otherwise contrary to the public interest.21 And that the variance is otherwise consistent with22 the shoreland zoning ordinances. And then there's23 specific findings that have to be made.24 So my suggestion at this point would be25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 56 to have counsel for the applicant address those1 three things. Address specifically the variances2 that are being requested and why they meet those3 conditions. Address the allegation that the, that4 the code was misinterpreted. And then also address5 the request for the substitution. And then if the6 county wants to respond to any of those, we would,7 you know, you could take further comment or8 testimony from Mr. Sullivan, and then open it up to9 questions by the board about the variance, the10 allegation that there was a misinterpretation in11 the substitution. And then entertain motions on12 the variances and the other allegations. That13 would be my suggestion.14 MS. GORDEN: And, Chairman, I think you15 directed a question, a specific question to me as16 the board's counsel, so the board's counsel has17 spoken, but if you want my client to respond to the18 addendum, we could certainly do that.19 CHAIR STEINKE: Do you want to do that20 now or do you want to let her make her case first?21 MR. BAYER: I think it would, my22 recommendation would be to allow because we've23 heard from the --24 CHAIR STEINKE: There may be more25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 20 of 67 15 of 41 sheets Page 57 to 60 of 104 10441 57 questions when she does this.1 MR. BAYER: Yeah, I think that that would2 be, we've heard from Mr. Sheridan, and I think it3 would be appropriate for her counsel, or his4 counsel to speak, Miss Henry to speak and address,5 address the legal issues.6 MS. GORDEN: We'll remind you of your7 question later.8 CHAIR STEINKE: Thank you. Miss, would9 you like to address us then or are you prepared?10 MS. HENRY: Yes, but could I go off the11 record for one second to talk to Mr. Sheridan?12 CHAIR STEINKE: Sure, go ahead.13 (Discussion off the record.)14 MS. HENRY: Okay. We're back on the15 record.16 MR. SHERIDAN: Where are we here? No.17 Well, no, what I was, what I said was Ozaukee18 County has a duty under the public trust doctrine.19 So I was not -- I made a mistake. I was not20 quoting from the book at that point. So, that was21 my own personal opinion, that Ozaukee County has a22 duty under the public trust doctrine to enable the23 public to fish, hunt and recreate. That was not,24 that was not from the book.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 58 CHAIR STEINKE: Okay.1 MR. SHERIDAN: I made a mistake, I made a2 mistake there because I was -- and then later down3 I was reading from page 12 and 13.4 CHAIR STEINKE: Okay. We understood5 that.6 MR. SHERIDAN: Pardon me for that.7 CHAIR STEINKE: Okay. Gotcha.8 MS. HENRY: Okay. I'll proceed. I'll9 speak for about ten minutes. Is that all right?10 Or do we need a break first? Or do you want to --11 CHAIR STEINKE: No. Go ahead.12 MS. HENRY: Go ahead. Okay. My name is13 Kathleen Henry. I'm an attorney with Dairyland14 Public Interest Law in Madison. I've been helping15 Mr. Sheridan with his efforts to repurpose The16 Button Factory as a boathouse for over a year now.17 Around a year-and-a-half or two.18 The board has received packets that are19 admitted into evidence. This morning we're asking20 the board to reverse the decision of the zoning21 administrator and grant Mr. Sheridan the variances22 and permits needed to repurpose the historic button23 factory into a boathouse.24 This board is not required to defer to25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 59 the administrator's decision, and there would be no1 purpose to an appeal if that were required. This2 building, The Button Factory is on the national and3 state historic registries and the county should4 allow Mr. Sheridan a reasonable use of his5 property.6 It would cause him great hardship if he7 were allowed no use of the building. And very8 importantly, the DNR has approved the use of the9 building as a boathouse. We believe a boathouse is10 in compliance with all applicable Ozaukee County11 ordinances and the state administrative code12 provisions, NR 115 and 116, as well as Wisconsin13 State Statute 59.692.14 You have our application and attachments15 and appeals in your packets. I will just summarize16 briefly the variances we requested.17 The first was for a substitution of use18 as allowed by Ozaukee County Code of Ordinances,19 Section 7.1204 D. The board of adjustment has the20 power to permit this substitution following a21 public hearing.22 The historic building has not been used23 as a button factory since around 1908. The24 building is zoned urban industrial. Mr. Sheridan25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 60 is not seeking an industrial use, but seeking to1 use it as a commercial building. This is a lesser2 use than an industrial use, and generally3 commercial uses do not require permits in4 industrial districts. A substitution may or may5 not be required. The building has been vacant for6 decades, but nonuse is not defined as needing a7 substitute use. A use other than what it was used8 160 years ago is required. It is no longer9 feasible to hunt for mussels in the Milwaukee10 River. There's no longer a market for pearl11 buttons because zippers and plastic buttons have12 replaced pearl buttons. But whether a use is a13 substitute is debatable.14 Ozaukee County Code of Ordinances Section15 7.0305 is called boathouses. The code allows for16 boathouses. The building would be in compliance17 with Ozaukee Ordinance 7.0305 A, which says, quote,18 boathouses shall be designed solely for the storage19 of boats and related equipment and shall not be20 used for human habitation, end quote. This21 building would be used for the storage of boats and22 not for human habitation.23 The second variance Mr. Sheridan applied24 for was one of Section 7.0305 E, which provides25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 21 of 67 Page 61 to 64 of 104 16 of 41 sheets 61 that, quote, the construction or placing of a1 boathouse waterward beyond the ordinary high water2 mark of any navigable water is prohibited, end3 quote. However, it is debatable whether we should4 be required to apply for one or whether we should5 be required to apply or the county should grant us6 one because Ozaukee Ordinance 7.090.1.C requires7 the county to allow us to repurpose the building.8 7.090.1.C says, quote, maintenance,9 repair, replacement, or vertical expansion of10 nonconforming structures for an existing structure11 that was lawfully placed when constructed, that12 does not comply with the required shoreland13 setback, may be maintained, repaired, replaced,14 restored, rebuilt, or remodeled if the activity15 does not expand the footprint of the nonconforming16 structure, end quote.17 We will not be expanding the footprint of18 the nonconforming structure. The Button Factory19 was constructed decades before the ordinances were20 adopted and it is a nonconforming structure that21 the county may not prohibit Mr. Sheridan from22 repurposing.23 The Wisconsin State Statutes 7 -- Section24 59.692 prohibits the county from denying this use.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 62 Under Section, State Statute Section1 59.692(1k)(a)2a, a county may not prohibit repair2 or remodeling if the repair or remodeling does not3 expand the footprint of the structure, which we4 will not be doing.5 If we are required to apply for it, the6 board should grant it because the building was7 built in the place, in this location long before8 the ordinances were drafted.9 The third variance we applied for is a10 variance of the square foot maximum. The ordinance11 allows for 400 square feet building, but this12 building was built over 100 years ago at 648 square13 feet. We seek a variance of subsection, Ozaukee14 Code Section 7.0305 C to allow the existing15 building to stand as it was originally built to be16 648 square feet. Again, we are not trying to17 expand the footprint of the building. But to18 comply and make it 400 square feet, Mr. Sheridan19 would have to destroy some walls of the historic20 building, which would not serve the public21 interest.22 The fourth is a variance from the setback23 requirement of 10 feet from the ordinary high water24 mark. Section 7.0305 D of the Ozaukee code says25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 63 that, quote, boathouses shall be setback a minimum1 of 10 feet from the ordinary high water mark, end2 quote.3 Mr. Sheridan sought a variance because4 the building was not built in compliance with a5 later institute code. And Section, Ozaukee Code6 Section 7.0901 allows for variances for7 nonconforming structures.8 Again, the DNR is not requiring a permit9 for this building to be used as a boathouse.10 However, we should not be required to apply for11 this variance because under Wisconsin State Statute12 59.692(1k)(a)2a, the county may not prohibit the13 repair or remodeling if it doesn't expand the14 footprint.15 Furthermore, Ozaukee Ordinances, Ozaukee16 Ordinance Section 7.036 B states, quote, exempt17 structures per Chapter NR 115.05(1)(b)1m: All of18 the following structures are exempt from the19 shoreland setback standards, 7.036 A.1, boathouses20 are exempt from the 75-foot setback requirement21 under Chapter NR 115.053(b)(3) Wisconsin22 Administrative Code. The shoreland permit is23 required for such structures. The zoning permit24 application shall include a copy of any required25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 64 DNR permit, end quote. Boathouses are exempt and1 the DNR said we do not need a permit.2 The fifth variance we applied for is a3 variance from the height requirement. The4 ordinance allows buildings up to 35 feet, and the5 existing building is 36 feet.6 Furthermore, we need to raise it to7 comply with the foundation requirements. It will8 end up three feet above the 35-foot allowable9 level. This will not be increasing the height of10 any of the walls. It will be moving the entire11 building up. It won't create a visual monstrosity12 to raise it in order to install an improved13 foundation.14 The, visually the raising should have no15 impact on the scenic aspect of the area. As we16 have shown in our application attachments, exhibits17 and the addendum, we should receive the variances18 requested.19 And I'll turn to the shoreland permit20 briefly. We applied for one because we were told21 to and we were denied one because we do not have22 the variances.23 We believe we would receive the shoreland24 permit if we had the variances. However, as Barry25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 22 of 67 17 of 41 sheets Page 65 to 68 of 104 10441 65 read earlier, it is possible we should not be1 required to apply for a shoreland permit because we2 are not undertaking the actions that we listed in3 the addendum that are required for shoreland4 permits.5 We believe we are in full compliance with6 State Administrative Code NR 115 and NR 116, as7 we've stated on pages 5, 6 and 7 to attachment to8 the appeal to the Board of Adjustment. A boathouse9 is a permitted use as described in NR 116.12. It10 is not designed for human habitation, and it is11 functionally dependent on a waterfront location.12 I would like to emphasize today that13 variances are in the public interest. Having The14 Button Factory serve as a boathouse is for the15 public good. It will cause unnecessary hardship to16 Mr. Sheridan to deny the application. He will have17 no reasonable use of his property. The hardship is18 due to special conditions unique to the property.19 These special conditions are that the historic20 building was built right on the waterway. The21 height and area of the existing structure are the22 same as when it was built in 1863. He has no23 feasible, feasible or reasonable use of the24 property without the variances. It is impractical25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 66 to move the entire building back, or to lower the1 height of the existing walls, or shorten the width2 of the building to comply with the ordinances that3 were enacted many decades after the building was4 constructed.5 Compliance with the strict letter of the6 code concerning area setbacks and height would7 unreasonably prevent Mr. Sheridan from using the8 property for a permitted purpose and would be9 unduly burdensome to comply with.10 This hardship is due to conditions unique11 to this property, not common to a group of adjacent12 lots or premises. The Button Factory was built13 right on the water and the neighboring buildings14 were not built in this particular matter. The15 special conditions were not created by Mr.16 Sheridan, but they make conformity to the17 restrictions unreasonable in light of the purpose18 of the ordinances.19 The building needs very few variances to20 comply with the boathouse regulations. Boathouses21 are permitted under the Ozaukee ordinances.22 Furthermore, it will serve the public23 interest to allow the use of the building as a24 boathouse. Boathouses provide necessary outlets25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 67 for people to pursue outdoor activities and1 boathouses promote public health.2 The boathouse is only possible in this3 unique situation where a building is in the4 waterway. There is no public access to the5 Milwaukee River in Waubeka and this use would allow6 such access for canoers and kayakers. This7 building, the use of the building as a boathouse8 would not change the character of the neighboring9 properties.10 And variances are consistent with the11 purpose of the zoning ordinances, which is to12 promote, which is to, quote, promote the public13 health, safety, convenience and general welfare,14 end quote. That's Ozaukee Code Section 7.0104.15 The boathouse will be open to the public. It will16 create access to the public for boating where no17 public access now exists. It will promote public18 welfare and convenience to have a public boathouse19 in this location.20 The boathouse will also be used for21 rafting access. The boaters can be taken upstream22 and float down in rafts to the boathouse. There is23 no practical alternative to locate the structure24 outside of the floodplain.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 68 In summary, the requested variances will1 allow Mr. Sheridan to repurpose a building with2 historical significance into a useful boathouse3 that will serve the purposes of preserving the4 building while allowing it to be used more than5 160 years after it was built.6 Thank you all for your time.7 MS. GORDEN: Could we, Chairman, have an8 opportunity to respond in rebuttal?9 CHAIR STEINKE: Yes, you do.10 MR. BAYER: Mr. Chairman, before we do11 that, could I just make a clarification for the12 record?13 CHAIR STEINKE: Yes.14 MR. BAYER: Thank you. Counsel, I was15 just taking notes and I want to make sure that the16 body knows how many votes they have to take on how17 many issues.18 I heard argument for requests for a19 substitution under 7.1204. I heard requests for20 variances relating to the square foot maximum21 setback and height requirements. And then an22 argument that the code was misinterpreted because23 the shoreland permit was not otherwise required.24 But when you were going through your25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 23 of 67 Page 69 to 72 of 104 18 of 41 sheets 69 variance requests, I thought I heard numbers 4 and1 5, and I'm wondering if I somehow might have missed2 one, or misconstrued an argument relating to3 substitution that may have been a variance request.4 MS. HENRY: The first variance is5 substitution of use.6 MR. BAYER: Oh, okay. I see what you're7 saying.8 MS. HENRY: The second one is 7.0305 B9 for beyond the ordinary high water mark. And the10 third one is variance of the square foot maximum.11 The, that's 7.305 C. The fourth one is variance12 from the setback requirement. 7.0305 D. And the13 fifth is variance from height. The 35-foot one.14 MR. BAYER: Okay. And then the last15 argument was that there was no requirement for a16 shoreland permit; is that right?17 MS. HENRY: However, we have, I would18 argue it should be granted if the variances are19 granted.20 MR. BAYER: Got it.21 MS. HENRY: Because I did argue it should22 be granted besides that.23 MR. BAYER: I apologize. I just wanted24 to make sure I had that correct --25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 70 MS. HENRY: Yeah.1 MR. BAYER: -- for the record because I2 want the body to know, and my recommendation would3 be to hear the county's response to that and then4 make, take a, have discussion and take a vote on5 each of those issues separately, so that they're6 not lumped together.7 MS. HENRY: Yeah. The shoreland permit,8 if we're required to, then we believe it should be9 granted.10 MR. BAYER: Okay. Thank you.11 MS. HENRY: We would be required to apply12 for.13 MR. BAYER: Thank you, Mr. Chairman.14 CHAIR STEINKE: Did you have a, a time15 for a rebuttal?16 MR. SULLIVAN: Yes. Why don't you go17 first?18 MS. GORDEN: All right. Just to respond19 to a few things. First of all, with respect -- and20 a lot of this is addressed in the staff report that21 was read into the record earlier, Exhibit 1, but as22 to the substitution of use, I mean there's some23 talk of this property being zoned for industrial24 uses and they're asking for a lesser use to be25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 71 commercial instead of industrial. But you have to1 remember the different layers of regulations that2 are going on here. It's a town regulation of how3 they're zoning this property for industrial use,4 and while somebody might approach the town and say,5 well, I want to use this property for a commercial6 use instead, there is still shoreland restrictions7 in the floodway that doesn't allow you to8 necessarily have your commercial structure use in9 the floodway.10 So it's the County's position here as a11 matter of shoreland zoning that you can't have this12 commercial structure, or this commercial boathouse13 in the floodway. While you may otherwise be able14 to use this property for commercial uses, if you15 can somehow make use of it outside the floodway,16 that's not what's being requested here. They're17 asking to do this use within the floodway.18 With respect to the dimensional19 variances, the board can only grant them if it's to20 enable an otherwise permissible use of this21 property. We have a discontinued use of a22 nonconforming structure in the floodway. Once23 discontinued, the use in the future must conform to24 the ordinance.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 72 Again, this commercial structure is not1 allowed in the floodway. So it's not a permitted2 purpose, so the board cannot grant the variance3 because it doesn't enable what would otherwise be a4 permittable purpose.5 There was some talk about 7.0901, that6 the county, quote, basically that the county can't7 prohibit remodeling, maintaining, that sort of8 thing of this structure. Well, that's a9 grandfathering provision when we pass this10 ordinance based on new state law. Yeah, we can't11 suddenly say to all the property owners you can't,12 you know, maintain your, your nonconforming13 structures now that we have this new law, but again14 we come back to this discontinuation provision.15 The use has been discontinued. The idea being even16 though grandfathering is allowed, eventually over17 time, you know, properties conform to the ordinance18 through discontinued uses and that sort of thing,19 which couldn't be clearer here because there was a20 sheriff's auction, a discontinued use of this21 property, purchased by an individual, who maybe had22 future ideas of what to use the property for, but23 in the future would be subject to these shoreland24 zoning restrictions because the use of the property25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 24 of 67 19 of 41 sheets Page 73 to 76 of 104 10441 73 as a commercial entity had been discontinued.1 So as stated earlier, there may be a use,2 you know, a reasonable use of the property to3 restore it as a button factory because it is a4 historical property, but that's the County's5 position, the only real use he can make of it in6 terms of any sort of, you know, public venture7 whatsoever.8 Then there was talk at the end, a lot of9 talk about the public purpose here, you know, being10 protected of allowing access to the river,11 recreation, you know, that sort of thing. And we12 went through in the staff report quoting from the13 ordinance basically what the public interest14 actually is with respect to the shoreland zoning,15 and I'd like to add to that, when you look at NR16 116, which our ordinance's patterned after, they17 too provide a list of purposes, which are similar,18 but slightly different than the ones quoted in our19 ordinance. These are to protect life, health and20 property. Minimize expenditures of public monies21 for costly flood projects. Minimize rescue and22 relief efforts. Generally undertaking at the23 expense of the general public. Minimize business24 interruption. Minimize damage to public25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 74 facilities, such as water mains, sewers lines,1 streets and bridges. Minimize the occurrence of2 future flood blight areas. Discourage the3 victimization of unweary land and home buyers.4 Prevent increases in the regional flood from5 occurring, which will increase flood damage and may6 result in conflict and litigation between land7 owners. None of these purposes talk about8 recreational use.9 So when the board is making its decision,10 they have to focus on the purposes of the11 ordinance, and that's to protect against pollution,12 you know, to protect the public health, to, you13 know, protect against flood damage, all these14 various things. Nowhere in which is mentioned the15 purpose of promoting the public welfare and even16 recreational uses of the property.17 There was some talk about the setback,18 that, you know, boathouses are exempt from the19 75-foot setback. The land and water department has20 never disagreed with that. The setback requirement21 is 10 feet from the ordinary high water mark and22 that is not met here.23 CHAIR STEINKE: Barry, did you have24 anything else to add?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 75 MR. SULLIVAN: Yes. And this will answer1 a previous question before Attorney Henry gave her2 report. This is an email that I, when Mr. Sheridan3 first submitted or started talking to me about4 commercial boathouses, I had several questions5 dealing with regarding commercial boathouses in the6 floodplain. I had sent a list of questions to the7 DNR, Dale Rezabek, copied Andrea Stern, on8 June 30th, 2022. They responded back to me on9 July 19th, 2022. Actually, it was Andrea Stern who10 responded back. She, quote, says Hi, Barry, we11 were able to meet to discuss your questions below.12 I hope this email helps to clarify things. One, my13 question, does a commercial boathouse qualify as an14 accessory structure associated with a permitted15 open space or functionally dependent on a16 waterfront location or historic structure? Section17 7.0808 D 1 of the Ozaukee County Shoreland and18 Floodplain Zoning Ordinance.19 Her response, boathouses have been viewed20 as an accessory structure associated with permitted21 open space or function independent on a waterfront22 location. However, new commercial uses are only23 permittable in the floodfringe district, but not in24 a floodway district.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 76 Bulletin 2 under that question, as long1 as the building remains as a historic structure as2 defined by the Wisconsin Historical Society it3 would be considered a historic structure.4 Question 2: Does a commercial boathouse5 need to be placed on fill pad that is one foot6 above the regional floodplain? This is a floodway7 area. Section 7.0809 D 4 of the Ozaukee County8 Shoreland and Floodplain Ordinance. Response:9 Accessory structures are allowed to be placed at10 the base flood elevation with mechanical and11 utility equipment being elevated to or above the12 flood protection elevation. But commercial13 properties must be placed on fill two feet above14 the flood protection elevation. Commercial uses15 are permittable in the floodfringe, but not in the16 floodway. This would be considered a new17 commercial use and would not be allowable in the18 floodway.19 Question 3: Does a bathroom in a20 commercial boathouse make it human habitation?21 Section 7.0304 A and 7.08080 D. One, paren A, of22 the Ozaukee County Shoreland and Floodplain Zoning23 Ordinance. Response: No new sewer or water lines24 would be allowed in the floodway for wet25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 25 of 67 Page 77 to 80 of 104 20 of 41 sheets 77 boathouses.1 Question 4: The existing well on the2 property is in the floodway area of the floodplain.3 There is no connection to the building. Per4 Section 7.0808 D 8 of the Ozaukee County Shoreland5 and Floodplain Zoning Ordinance states public or6 private wells associated with recreational uses,7 associated with recreational uses, provided the8 wells meet the requirements of the county9 ordinances and Chapter NR 811 and NR 812, Wisconsin10 Administrative Code.11 Section 7.0808 E 4 has prohibited uses.12 Public or private wells used to obtain water for13 human consumption, other than those listed in14 Section 7.0808 C. Furthermore, Section 7.0902 C315 states no new well or modification to an existing16 well used to obtain potable water shall be allowed17 in the floodway area. Any replacement, repair, or18 maintenance on the existing well in the floodway19 area shall meet applicable requirements of this20 ordinance, county and private sewage system21 ordinance, and Chapters NR 811 and 812 of the22 Wisconsin Administrative Code. Can we allow a23 variance to be heard on this section, or does it24 need to go to the DNR well permitting section for25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 78 approval of its use? Response: No. New wells are1 not allowed in a floodway. Second response on that2 question. They could still apply for a variance3 through the county ordinance.4 It further states, regarding all my5 questions, each variance should be looked at6 case-by-case and the applicant has the burden of7 proving their application meets all statutory8 requirements for granting variances. Federal Code9 44 CFR 60.6 Wisconsin State Statutes, 62.23(7)(e),10 Wisconsin Administrative Code NR 116.21(4) and your11 county ordinance outlines specific variance12 criteria for granting floodplain variances.13 The board must, the board must address14 all standards when making a decision. If the15 answer is no to any of them, the variance should16 not be granted.17 There is a possibility that a commercial,18 I'm sorry, there is a possibility that if the19 community is not applying the standards for a20 variance correctly and a review indicates a pattern21 inconsistent with the objectives --22 THE REPORTER: You got to just slow down.23 MR. SULLIVAN: Okay. Sorry. I'll just24 repeat that. There is a possibility that if the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 79 community is not applying the standards for1 variances correctly and a review indicates a2 pattern inconsistent with the objectives of sound3 floodplain management, FEMA could take appropriate4 action. Please see the attached variance decision5 forms which have been developed to assist6 communities. These are not required to be filled7 out, but are being provided as a tool for use as8 needed. Andrea.9 MS. GORDEN: We're going to mark that as10 Exhibit 8 then since we read from it.11 MR. BAYER: And just for the record, do12 you want to reference who it is from and to and13 what it is?14 MR. SULLIVAN: Yes. It is from Andrea15 Stern, DNR. She is the DNR engineer and she16 oversees our county along with several other17 counties when we got questions dealing with18 floodplain issues.19 MR. BAYER: And the date?20 MR. SULLIVAN: The date was July, the21 response I just read from here is dated July 19th,22 2022, email.23 MS. GORDEN: So if we could just have a24 moment to mark that.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 80 MR. BAYER: And I think if we, we can1 also run a copy before we leave potentially too --2 MR. SULLIVAN: Yes.3 MR. BAYER: -- because I don't know if4 they have that or not.5 MR. SULLIVAN: No, they do not.6 (Exhibit No. 8 marked.)7 MS. GORDEN: And we'd move admission of8 Exhibits 1 to 6 and 8 for the record. Any9 objections to that?10 MS. HENRY: No objections.11 MS. GORDEN: Want to move Exhibit 7?12 MS. HENRY: We move for Exhibit 7 into13 the record. And could Mr. Sheridan address briefly14 the potable water issue that just came up, which15 was not part of our application at all?16 MS. GORDEN: We could, but I don't think17 it's relevant to what the board's doing.18 CHAIR STEINKE: I don't think at this19 point it makes any difference.20 MS. HENRY: Okay.21 CHAIR STEINKE: Because it was not part22 of the application. Are we ready then?23 Everything's marked?24 MS. GORDEN: Yes.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 26 of 67 21 of 41 sheets Page 81 to 84 of 104 10441 81 CHAIR STEINKE: Okay. We will take these1 one by one, per counsel's suggestion. Which item2 would we like to address first I guess?3 MS. TOMTER: Can I ask a question?4 CHAIR STEINKE: Yes. Let's have general5 questions first. Ask here if we have some general6 questions.7 MS. TOMTER: I have a general question.8 This goes back to a couple hours in the beginning,9 when Barry says the only reasonable use that we10 could grant a variance would be if they created a11 button factory; correct?12 MR. SULLIVAN: Oh, sorry.13 MS. TOMTER: They could do a button14 factory if they wanted to; right?15 MR. SULLIVAN: Under the historic status,16 if he restores it back to its original use, which17 was a button factory, he would be permitted to do18 so. 19 MS. TOMTER: Okay. Would that mean that20 if he, would it have to be a manufacturing button21 factory, or could it be a, you know, like a mockup22 button factory that could be used as a tourist23 stop?24 MR. SULLIVAN: I believe that would be25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 82 correct. I would have to consult with the DNR1 people on that, Andrea Stern, the DNR floodplain2 engineer and Dale Rezabek, who's our shoreland3 zoning coordinator for our county at the DNR level,4 but I believe that question is correct.5 MS. TOMTER: The question was would it6 have to be manufacturing, or could it be a replica,7 like a museum thing?8 MR. SULLIVAN: I believe it could be a9 museum setup.10 MS. TOMTER: Okay.11 MR. SULLIVAN: But I would have to confer12 with the DNR people on that to get the correct13 answers.14 MS. TOMTER: Thank you.15 CHAIR STEINKE: Other questions or16 comments before we move on? In general.17 MR. HUBING: If I understood right, so if18 we reject any one of these variances, that would --19 MR. SULLIVAN: Correct.20 MR. HUBING: Okay. And maybe if we could21 list them real quickly. I mean simply without22 numbers. Just one, two, three, four, what are23 they? There's how many variances and the shoreland24 permit; correct?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 83 MS. GORDEN: I believe they're in the1 staff report. Attorney Henry can disagree if she2 wishes, but they're in the staff report.3 MR. HUBING: I see that, but where?4 MS. GORDEN: On page 1.5 MR. HUBING: Yeah, I know.6 MS. GORDEN: Substitution of use.7 MR. HUBING: Number B?8 MS. GORDEN: Yeah.9 MR. HUBING: Okay. So there's 1, 2, 3,10 4.11 MS. HENRY: A and B.12 MR. HUBING: A and B.13 MS. HENRY: Yeah. Yes.14 MR. HUBING: Okay. So there's five15 total.16 MR. SULLIVAN: But please keep in mind17 the BOA has to make sure you follow the sequence of18 determining whether a variance can be approved or19 not for each one. Under page 3 of the staff report20 it says, is listed under requests for dimensional21 variances and under that it has on there, it says22 literal enforcement of --23 (Discussion off the record.)24 MR. SULLIVAN: Under the request for25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 84 dimensional variances, and this is on page 3 of the1 staff report, one, the literal enforcement of the2 provision of this ordinance will result in3 unnecessary hardship to the applicant. The board4 has to determine whether that's yes or no.5 Two, hardship is due to unique property6 conditions not common to nearby lots or property.7 Board has to answer that yes or no.8 The variance is not contrary to the9 public interest. The board has to answer yes or10 no. The variance is consistent with the purpose of11 this ordinance. Yes or no. If any one of those is12 a no answer, the variance fails.13 MR. HUBING: Okay.14 CHAIR STEINKE: And that's for each of15 the variances requested?16 MR. SULLIVAN: Correct. So you have to17 do each one separately.18 CHAIR STEINKE: So now we're on page 1 of19 the staff report. And we have A, substitution; and20 D the other variances. Do we want to start with21 substitution? Nobody's objecting. We'll start22 with that.23 MR. HUBING: Sure. Go ahead.24 CHAIR STEINKE: All right. Under the25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 27 of 67 Page 85 to 88 of 104 22 of 41 sheets 85 code, I would like corporate, or corporate or1 counsel to just briefly go over again what, what2 substitution means for the board and what our3 options are.4 MS. GORDEN: All right. Well, basically5 they're requesting to substitute a commercial use6 for an industrial one, and we talked about the7 problems with that in terms of the ordinance in the8 staff report on page No. 2, the request for9 substitution of use variance under 7.1204, and the10 problem is the discontinued issue. They have11 discontinued both their commercial use of the12 structure out there and the use of the structure13 itself for far more than just 12 months. And14 there's no denial of that, of the discontinuance.15 Mr. Sheridan agrees that these things have all been16 discontinued.17 So if there's a discontinued use of a18 nonconforming structure, when that occurs, any19 future use of that property that, any future use of20 that structure must conform to the ordinance.21 The ordinance prohibits the, the Board of22 Adjustment from allowing a use variance. They23 cannot allow a use variance to enable a use of the24 property that is prohibited by the ordinance, and25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 86 when you walk through the ordinance, this1 commercial structure in the floodway is not a2 permissible use of that property.3 Furthermore, when you look at Wisconsin4 Administrative Code, I mean it's the same thing.5 Using a commercial structure, putting a commercial6 structure in the floodway is prohibited. You could7 have that same structure in the floodfringe, but8 not the floodway, and he's proposing that it be in9 the floodway.10 So, there's also, you know, he's asking11 to substitute a use. Sort of implying to the board12 that he currently has a valid use. But again, that13 use has been discontinued. He has nothing to14 substitute for. He has no current use that's15 permissible in that floodway that he wants, you16 know, in terms of commercial use, or industrial17 use, or anything at all. He has no current18 permissible use to make a substitution for.19 CHAIR STEINKE: So we have nothing to20 substitute for at this point is what the, is what21 it really amounts to.22 MS. GORDEN: Correct. Correct.23 CHAIR STEINKE: So since there is no use,24 we can't substitute for it.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 87 MS. GORDEN: Yes. I know it's a little1 contradictory to say he could restore this to a2 button factory. Again, you have to remember that3 that's solely related to his historical status.4 CHAIR STEINKE: Historical status. Any5 discussion? Does everybody understand? Let me6 start with that.7 MS. TOMTER: No.8 CHAIR STEINKE: No?9 MS. TOMTER: Yes and no. It's like we10 can't make it happen, you know.11 CHAIR STEINKE: Let's put it in the terms12 like I've got, that I can understand it. We can13 substitute, if he's using something now, we can14 substitute for it. If it's not being used for the15 last 12 months, there's nothing to substitute for16 it.17 MS. TOMTER: Right. So how can we vote18 on that?19 CHAIR STEINKE: Well, we have to deny it20 is what we have to do. Yeah, we can't substitute21 for it. It's hard to make a motion for something22 we can't do.23 MS. TOMTER: Okay.24 CHAIR STEINKE: But I believe that we25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 88 should have a motion on it and vote on it either1 way. Just so that it's in the record.2 MR. WINKER: Mr. Chair.3 CHAIR STEINKE: Yes.4 MR. WINKER: Just one point of5 clarification. I've been on the county board 156 years and I think this is a correct statement. If7 the ordinance doesn't allow it --8 CHAIR STEINKE: We can't.9 MR. WINKER: -- we can't vote.10 CHAIR STEINKE: We can't vote either.11 MR. WINKER: To override it. I mean12 really.13 CHAIR STEINKE: Yes.14 MR. WINKER: It's clearly stated this is15 what's allowed.16 CHAIR STEINKE: Yep. Let me ask the17 counsel again. Do we have to vote on it? If we18 can't even vote on it, there's nothing to19 substitute.20 MR. BAYER: Sure. I guess let me read21 the first sentence of 7.1204 of the Ozaukee County22 Code. Substitutions. The Board of Adjustment23 shall hear and decide applications for24 substitutions of less nonconforming uses for25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 28 of 67 23 of 41 sheets Page 89 to 92 of 104 10441 89 existing performing uses following a public hearing1 held in accordance with 7.1207.2 So you do have, you have an application3 for a substitution in front of you, and if you, if4 you feel that you're not allowed to grant it5 because there is no existing use, I think that you6 have the ability to entertain a motion to deny the7 application based upon the language of the8 ordinance. And that would at least create a, if9 you're so inclined, and that would create a record10 upon which if there's any appeal from this matter11 to circuit court for a certiorari review, there12 would be a record upon which the court could13 address that.14 So I think if, if that's the way you15 interpret the code, you could make, you can16 entertain a motion to deny the application for17 substitution based upon the language.18 CHAIR STEINKE: I think that that would19 make sense to instead of yay or nay, deny the20 application and we'll vote on the denial or21 acceptance of the application. If we can get a22 motion to that effect.23 Anybody want to make a motion to that?24 Or is there any other questions first?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 90 MR. HUBING: Say that again.1 CHAIR STEINKE: We're going to, they made2 a request and we're going to deny it. We're going3 to vote on denying the request for substitution.4 MR. HUBING: Okay.5 CHAIR STEINKE: So we'll need a motion to6 deny the request and then we'll vote on that7 because we can't substitute for something that8 doesn't exist, so we have to deny their9 application.10 MR. HUBING: Okay. I'll so move and make11 that motion.12 CHAIR STEINKE: Is there a second on the13 motion?14 MR. KOEPPEN: I'll second it.15 CHAIR STEINKE: Is there any further16 discussion on the motion? Hearing none, I'll call17 the question. All in favor say aye.18 (All responded aye.)19 CHAIR STEINKE: Opposed?20 (No response.)21 MR. STEINKE: Motion carried.22 No. 2, improving the structure beyond the23 ordinary high water mark, and this would be a, not24 the 75 feet, but this refers to the 10 feet from25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 91 the high water mark to have the structure out of1 it. Is that correct, Barry?2 MR. SULLIVAN: Correct.3 CHAIR STEINKE: Okay. So code requires4 that his structure be 10 feet out of the high water5 mark and it's not. It runs through the building as6 per his presentation. So, therefore, we would have7 to grant him a variance to do any work on that8 building that it could be in the floodway and not9 meet this. Is there any questions on this?10 MR. HUBING: If we denied this, is there11 anything he can do to fix that that we could accept12 in the future?13 CHAIR STEINKE: According to the historic14 status he could make it into at button factory,15 working or not.16 MR. HUBING: That's it?17 CHAIR STEINKE: Yes. Any other18 questions?19 MS. TOMTER: You still have to change the20 distance from the high water mark to make that21 happen, a button factory?22 CHAIR STEINKE: Yeah. We are taking23 these one at a time. Plus there's some other24 variances he would need to -- not for The Button25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 92 Factory.1 MS. TOMTER: No, but I'm thinking if he2 would do anything with the building --3 CHAIR STEINKE: Besides The Button4 Factory.5 MS. TOMTER: -- these have to be met, one6 way or the other?7 CHAIR STEINKE: Yeah.8 MS. TOMTER: The Button Factory or no.9 CHAIR STEINKE: No. Barry, if he does a10 button factory, then the 10 foot does not apply?11 MR. SULLIVAN: Correct. Under the12 historic status, correct.13 MS. TOMTER: Okay.14 CHAIR STEINKE: So the historic status,15 if he turns that back into a button factory, if I16 understand correctly, does he have to meet these17 criteria? The answer is no.18 MS. TOMTER: Okay.19 CHAIR STEINKE: He can go back, he would20 have to get a permit to do the work.21 MR. SULLIVAN: Correct.22 CHAIR STEINKE: But he would not have to23 meet that.24 MS. TOMTER: Okay.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 29 of 67 Page 93 to 96 of 104 24 of 41 sheets 93 CHAIR STEINKE: Does that make sense to1 you now?2 MS. TOMTER: Sort of, yes. I understand3 what you're saying.4 CHAIR STEINKE: All right. Thank you.5 Anybody want to make a motion as to whether we6 grant a variance for the 10 foot, to eliminate the7 need for the 10 foot high water setback?8 MS. TOMTER: I would grant the variance9 looking at the, looking at the four criteria, as to10 how we make the decisions, literal enforcement of11 the provisions of this ordinance will result in12 unnecessary hardship. Is that --13 MR. HUBING: So could I ask, or is it too14 late for comments?15 CHAIR STEINKE: No, no.16 MR. HUBING: Based on what you just said17 then, the fact that it's a button factory, or18 something else, should that make our determination19 if we should accept or deny it?20 CHAIR STEINKE: Yes, I guess what a lot21 of it comes down to is you can't have a commercial22 use. The only commercial use he can put in23 there --24 MR. HUBING: The button.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 94 MR. STEINKE: -- is The Button Factory.1 So, whether or not these are approved or not, we2 already said no to substitution. I don't know3 where we're going to go from there actually, or4 where he's going to go from there.5 MR. HUBING: Okay.6 CHAIR STEINKE: But a commercial use, and7 I don't see that as listed here as one of the8 variances. He's not asking for a variance to that,9 that you can have a commercial use in the10 floodplain, floodway. So, does the rest, is it11 moot?12 MS. GORDEN: He asked for it as a13 substitution.14 CHAIR STEINKE: Okay. So we addressed15 that in the substitution? Correct?16 MS. GORDEN: Yes, you did. These are now17 area variances, specifically to dimensional issues.18 And I just remind the board that if they're being19 granted to enable a purpose that's not permitted --20 CHAIR STEINKE: Then it really makes no21 sense.22 MS. GORDEN: -- that's not allowed.23 That's not allowed.24 CHAIR STEINKE: It's not allowed.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 95 MS. TOMTER: I'll take that back.1 CHAIR STEINKE: We already said no to the2 purpose.3 MS. TOMTER: I'll take that back.4 CHAIR STEINKE: So since he can't do, I5 guess we're coming back to since he can't have it,6 the rest of these are kind of moot. Would you like7 us to vote on them anyhow?8 MR. BAYER: I would. I mean if you feel9 they're moot for that reason, then that would be a10 ground, if you see fit, to deny the, the request.11 I would still, just for the record, I would take a12 vote on each of them.13 CHAIR STEINKE: Each of them?14 MR. BAYER: Yeah.15 CHAIR STEINKE: We can vote on them16 individually, or we can vote on them all together?17 Let's do it individually.18 The 10 foot. Let's take it just as it's19 written. Improving structure that's beyond the20 ordinary high water mark. So that's the 10 foot21 setback. Do I have a motion to deny that request?22 That variance?23 He can't have it anyhow. He can't have24 the building, so if we, there's no sense in25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 96 approving these is what it amounts to. You can't.1 MR. WINKER: So moved.2 CHAIR STEINKE: There's a motion. Is3 there a second? Second?4 MR. KOEPPEN: I'll second it. Bill5 Koeppen.6 CHAIR STEINKE: Moved and second. Any7 other discussion? None appearing, all in favor say8 aye.9 (All responded aye.)10 CHAIR STEINKE: Opposed?11 (No response.)12 CHAIR STEINKE: Motion carried. A motion13 to deny, exceed square footage requirement? Is14 there a motion for that?15 MR. KOEPPEN: Well, he was not going to16 make it larger; right?17 CHAIR STEINKE: No. But he can't have18 the building, he can't do what he wants to anyhow,19 so it doesn't make any, all these are moot at this20 point because we rejected the substitution.21 MR. KOEPPEN: Okay. I'll make a motion22 that we deny the square footage.23 CHAIR STEINKE: Is there a second to the24 motion?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 30 of 67 25 of 41 sheets Page 97 to 100 of 104 10441 97 MR. HUBING: I'll second.1 CHAIR STEINKE: It's been moved and2 seconded. Any more discussion? None appearing,3 all in favor say aye?4 (All responded aye.)5 CHAIR STEINKE: Opposed?6 (No response.)7 CHAIR STEINKE: Motion carried. No. 3,8 setback from the ordinary high water mark. Is9 there a motion to deny?10 MR. HUBING: I make a motion, deny it.11 CHAIR STEINKE: Is there a second?12 MR. WINKER: I'll second it.13 CHAIR STEINKE: It's been moved and14 second. Any discussion? None appearing, I call15 the question. All in favor so aye.16 (All responded aye. )17 CHAIR STEINKE: Opposed?18 (No response.)19 CHAIR STEINKE: Motion carried. No. 4.20 Height, the structure height limit. Is there a21 motion to deny?22 MR. KOEPPEN: I so move.23 CHAIR STEINKE: It's been moved.24 MR. HUBING: Second.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 98 CHAIR STEINKE: All in -- any more1 discussion? None appearing, all in favor say aye.2 (All responded aye.)3 CHAIR STEINKE: Opposed?4 (No response.)5 CHAIR STEINKE: Motion carried. I6 believe that takes care of our work with --7 MR. BAYER: Mr. Chairman --8 CHAIR STEINKE: Yes.9 MR. BAYER: -- I just would suggest maybe10 taking one more motion because I do think11 technically the applicant argued that there was a12 misinterpretation of the code --13 CHAIR STEINKE: Oh.14 MR. BAYER: -- by denying the shoreland15 permit, and so I think one more motion on whether16 to uphold the denial of the shoreland permit or not17 would be, would be warranted.18 CHAIR STEINKE: Okay. So what we're19 going to vote on, if we get a motion, is basically20 supporting the County's position on the denial of21 the permit. They denied the permit. Now we've22 denied the permit. But we're going to affirm their23 denial. So when we vote yes for the denial, it's24 that we're affirming; correct?25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 99 MR. BAYER: That would be correct.1 Motion to essentially uphold the denial of the2 shoreland permit.3 CHAIR STEINKE: Okay. So if I could have4 a motion to uphold the denial of the shoreland5 zoning permit from the County.6 MR. WINKER: Motion.7 CHAIR STEINKE: Is there a second?8 MR. KOEPPEN: I'll second it.9 CHAIR STEINKE: It's been moved and10 second. That we uphold the denial of the shoreland11 zoning permit from the county. Any discussion?12 None appearing, I'll call the question. All in13 favor say aye.14 (All responded aye.)15 CHAIR STEINKE: Opposed?16 (No response.)17 CHAIR STEINKE: Motion carried. Is there18 anything that we've forgotten on this issue?19 MR. BAYER: I don't believe so.20 CHAIR STEINKE: Okay. None appearing, we21 are going to go back to our regular agenda.22 MR. SULLIVAN: Off the record.23 (Discussion off the record.)24 CHAIR STEINKE: We just have a real short25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 100 agenda. Okay. We're on Item C on the agenda.1 Approval of March 10th meeting of 2021. The2 minutes.3 MR. SULLIVAN: Can I -- I mean it's in4 regards to the board of adjustment hearing of March5 10th, 2021, that was a variance request for 42366 High Point Beach Road, Port Washington, Wisconsin,7 for James Rhodes and Rory Palubiski, and a variance8 request for 7494 Devonshire Drive, Cedarburg,9 Wisconsin, for Matthew and Shelly Mabee, M A B E E,10 owners. So.11 CHAIR STEINKE: This was a garage and an12 addition?13 MR. SULLIVAN: Garage addition on the14 Mabee property. And I can't remember what the15 variance was. I have to look that one up.16 CHAIR STEINKE: We denied it; correct?17 MR. KOEPPEN: Yeah.18 CHAIR STEINKE: The Mabee.19 MR. SULLIVAN: The Mabee, yes. The High20 Point one --21 CHAIR STEINKE: That we have.22 MR. SULLIVAN: I think that one was23 approved.24 CHAIR STEINKE: Yeah, that's right.25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 31 of 67 Page 101 to 104 of 104 26 of 41 sheets 101 MR. SULLIVAN: So it's just a matter of1 approving the court reporter's minutes.2 CHAIR STEINKE: Okay.3 MR. HUBING: I so move.4 CHAIR STEINKE: There's a motion to5 approve. Is there a second?6 MS. TOMTER: Second.7 CHAIR STEINKE: Second. No discussion --8 any discussion? None appearing, all in favor say9 aye.10 (All responded aye.)11 CHAIR STEINKE: Opposed?12 (No response.)13 CHAIR STEINKE: Member terms, expiration14 of our terms and continued service. Elect a new15 vice chair.16 MR. SULLIVAN: As you are aware, Steve17 Castner has resigned from the Board of Adjustment18 last year and he was the vice chair for the Board19 of Adjustment. So basically this is up to you if20 you want to elect someone now, or put that on,21 table that until the next time we would meet.22 Rick Fellenz has volunteered to be on the23 Board of Adjustment. He still has to fill out an24 application with the county clerk's office and be25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 102 approved by the county chairman. So.1 CHAIR STEINKE: So why don't we, if2 somebody would like to make a motion to table it3 until the next meeting.4 MR. HUBING: So moved.5 CHAIR STEINKE: It's been moved. Second.6 MS. TOMTER: Second.7 MR. WINKER: Point of order.8 CHAIR STEINKE: Yes.9 MR. WINKER: I just want to remain as an10 alternate.11 CHAIR STEINKE: Okay.12 MR. WINKER: I don't want to move up.13 MR. HUBING: Come on? This is a lot of14 fun.15 MR. WINKER: I've got a lot of stuff16 going on.17 CHAIR STEINKE: Thank you. And we'll18 keep that in mind.19 MR. WINKER: Yes.20 CHAIR STEINKE: But next meeting we will21 have a full slate with Rick on the board. If the22 paperwork's done by then. So, we have a vote on23 the motion to table. All in favor say aye.24 (All responded aye.)25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 103 CHAIR STEINKE: Opposed?1 (No response.)2 CHAIR STEINKE: Motion carried.3 Communications and miscellaneous.4 MR. SULLIVAN: None.5 CHAIR STEINKE: Okay. Anything else by6 law?7 MR. SULLIVAN: I have nothing.8 CHAIR STEINKE: Motion to adjourn.9 MR. WINKER: Motion to adjourn.10 MR. HUBING: Second.11 CHAIR STEINKE: There's no discussion on12 that. All those in favor say aye.13 (All responded aye.)14 (Whereupon, the proceedings ended at15 approximately 12:35 p.m.)16 * * * * *17 18 19 20 21 22 23 24 25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 104 STATE OF WISCONSIN )1 : SS OZAUKEE COUNTY )2 3 4 I, BETTY K. VANDE BOOM, a Registered5 Professional Reporter and Notary Public in and for6 the State of Wisconsin, do hereby certify that the7 above foregoing transcript is a true and correct8 record of the Board of Adjustment hearing as9 reflected by my computerized machine shorthand10 notes.11 12 Dated this 17th day of January, 2023.13 14 ______________________________15 Betty K. Vande Boom, RPR Notary Public in and for the16 State of Wisconsin My Commission expires: 2-07-2417 18 19 20 21 22 23 24 25 Betty K. Vande Boom, RPR 262-284-9868 414-531-6678 Page 32 of 67 27 of 41 sheets Page 1 to 1 of 15 1541 $ $2,300 [1] - 8:10 0 00 [1] - 15:2 03 [1] - 20:17 03-028-12-002.00 [1] - 7:24 04 [3] - 20:18, 20:19, 20:20 04-028-12-002.00 [1] - 1:10 1 1 [20] - 1:6, 3:17, 3:24, 4:3, 7:9, 7:13, 8:9, 10:16, 14:2, 14:13, 14:16, 18:5, 21:21, 23:10, 70:22, 75:18, 80:9, 83:5, 83:10, 84:19 1,000 [1] - 23:11 1/09/23 [3] - 3:18, 3:20, 3:22 1/10/23 [2] - 3:19, 3:20 10 [14] - 12:25, 13:11, 16:4, 22:8, 62:24, 63:2, 74:22, 90:25, 91:5, 92:11, 93:7, 93:8, 95:19, 95:21 100 [1] - 62:13 100,000 [1] - 48:12 100-year [2] - 46:9, 47:22 10:00 [1] - 1:14 10:30 [1] - 4:1 10:31 [1] - 4:7 10:32 [1] - 4:6 10th [3] - 25:12, 100:2, 100:6 11 [7] - 1:13, 7:8, 9:21, 11:1, 16:4, 18:2, 25:23 115 [2] - 59:13, 65:7 115.05(1)(b)1m [1] - 63:18 115.053(b)(3 [1] - 63:22 116 [3] - 59:13, 65:7, 73:17 116.12 [3] - 12:14, 13:3, 65:10 116.13 [2] - 12:15, 13:3 116.15(1)(b [1] - 11:9 116.21(4 [1] - 78:11 118 [1] - 1:15 11:06 [1] - 29:12 11:21 [1] - 39:25 12 [12] - 7:21, 10:25, 11:3, 11:16, 22:4, 23:11, 23:14, 40:10, 45:5, 58:4, 85:14, 87:16 12-inch [1] - 46:13 12-month [3] - 37:14, 37:17, 37:25 1201 [1] - 2:7 121 [2] - 1:15, 2:14 12:35 [1] - 103:16 12:45 [1] - 1:14 12th [1] - 50:19 13 [5] - 1:6, 8:12, 9:10, 45:5, 58:4 13th [1] - 7:13 15 [1] - 88:6 15,000 [1] - 48:18 15th [1] - 50:25 160 [2] - 60:9, 68:6 17th [1] - 104:13 18 [1] - 45:17 1848 [1] - 45:18 1863 [1] - 65:23 1880 [1] - 37:2 18th [1] - 51:4 1900 [1] - 42:13 1908 [1] - 59:24 1972 [1] - 16:24 1976 ) [1] - 17:2 1989 [4] - 8:3, 8:9, 42:14, 50:13 1990 [3] - 42:14, 50:25, 51:4 1991 [2] - 8:12, 50:19 19th [2] - 75:10, 79:22 2 2 [19] - 1:8, 3:18, 7:17, 8:12, 10:17, 14:5, 14:20, 16:22, 19:14, 21:3, 21:5, 22:21, 23:12, 24:4, 76:1, 76:5, 83:10, 85:9, 90:23 2,000 [1] - 23:13 2-07-24 [1] - 104:17 20 [2] - 23:12, 23:15 2021 [3] - 51:19, 100:2, 100:6 2022 [14] - 1:6, 1:8, 7:14, 7:18, 8:23, 9:10, 9:13, 9:17, 9:21, 9:24, 27:13, 75:9, 75:10, 79:23 2023 [7] - 1:13, 7:8, 21:10, 23:22, 25:12, 25:23, 104:13 21 [6] - 3:18, 3:19, 3:20, 3:20, 3:21, 7:22 215 [1] - 2:7 21st [2] - 9:13, 45:4 22 [1] - 8:9 247 [1] - 17:2 24th [1] - 9:24 26 [1] - 1:8 26th [2] - 7:18, 9:17 27 [1] - 8:23 28 [3] - 1:10, 7:23, 16:23 29 [2] - 3:4, 3:5 2d [2] - 17:1, 17:2 3 3 [16] - 3:19, 8:23, 11:18, 13:18, 14:7, 14:23, 15:17, 19:14, 23:14, 25:10, 76:20, 83:10, 83:20, 84:1, 97:8 30 [8] - 19:20, 20:3, 20:8, 25:6, 26:20, 27:8, 28:1, 36:22 30.121(3w) [1] - 27:16 30.121(5 [1] - 27:19 300 [1] - 23:8 30th [1] - 75:9 33 [1] - 3:5 34 [2] - 3:6, 3:6 35 [1] - 64:5 35-foot [2] - 64:9, 69:14 352 [1] - 2:3 36 [2] - 3:7, 64:6 39 [2] - 3:7, 3:8 3rd [1] - 16:23 4 4 [15] - 3:3, 3:17, 3:20, 9:8, 9:10, 14:9, 15:3, 15:6, 17:22, 69:1, 76:8, 77:2, 77:12, 83:11, 97:20 4-H [1] - 37:22 40 [1] - 3:8 400 [2] - 62:12, 62:19 41 [1] - 3:9 4128 [1] - 7:25 42 [1] - 3:21 4236 [1] - 100:6 44 [1] - 78:10 45 [1] - 16:23 45,000 [1] - 48:17 468 [1] - 17:1 474 [1] - 17:1 5 5 [8] - 3:3, 3:20, 9:13, 17:9, 17:20, 26:18, 65:8, 69:2 50 [2] - 3:9, 33:18 500 [1] - 2:10 51 [1] - 3:10 52 [1] - 3:10 53 [1] - 3:11 53074 [3] - 1:16, 2:7, 2:14 53203 [1] - 2:11 53701 [1] - 2:3 57 [1] - 3:11 58 [1] - 3:12 59.69(10)(am [1] - 11:8 59.692 [2] - 59:14, 61:25 59.692(1k)(a)2a [3] - 22:12, 62:2, 63:13 5th [1] - 51:19 6 6 [8] - 3:21, 9:17, 14:13, Betty K. 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23:5, 67:1 activity [1] - 61:15 add [2] - 73:16, 74:25 addendum [7] - 21:11, 21:17, 23:25, 41:11, 56:19, 64:18, 65:4 Addendum [2] - 3:18, 3:21 addition [3] - 26:8, 100:13, 100:14 additional [2] - 3:22, 26:22 address [22] - 4:17, 5:1, 7:24, 25:13, 31:25, 32:5, 32:8, 40:3, 54:17, 55:9, 55:11, 56:1, 56:2, 56:4, 56:5, 57:5, 57:6, 57:10, 78:14, 80:14, 81:3, 89:14 Address [1] - 1:11 addressed [2] - 70:21, 94:15 adequate [1] - 4:25 adjacent [2] - 17:25, 66:12 adjourn [2] - 103:9, 103:10 adjourned [1] - 5:10 Adjustment [24] - 2:12, 4:7, 5:9, 5:14, 6:21, 7:7, 7:9, 8:13, 10:2, 17:1, 21:4, 21:5, 21:13, 21:20, 24:2, 25:13, 25:22, 65:9, 85:23, 88:23, 101:18, 101:20, 101:24, 104:9 ADJUSTMENT [2] - 1:1, 1:17 adjustment [4] - 33:11, 53:22, 59:20, 100:5 Administration [1] - 1:15 Administrative [9] - 11:9, 12:15, 20:14, 63:23, 65:7, 77:11, 77:23, 78:11, 86:5 administrative [1] - 59:12 Administrator [2] - 1:5, 7:12 administrator [3] - 10:14, 54:23, 58:22 administrator 's [3] - 18:21, 18:23, 59:1 Administrator 's [4] - 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31:23, 67:24 amendment [2] - 11:22, 15:1 amounts [2] - 86:22, 96:1 Andrea [11] - 23:19, 23:22, 23:25, 25:8, 26:16, 26:22, 75:8, 75:10, 79:9, 79:15, 82:2 answer [9] - 28:19, 32:4, 49:4, 75:1, 78:16, 84:8, 84:10, 84:13, 92:18 answers [1] - 82:14 anyhow [3] - 95:8, 95:24, 96:19 apologize [1] - 69:24 app [1] - 23:18 Appeal [2] - 1:3, 25:13 appeal [15] - 1:4, 9:22, 9:25, 16:2, 18:17, 18:19, 19:1, 21:12, 25:11, 25:19, 26:7, 53:23, 59:2, 65:9, 89:11 appeals [7] - 7:11, 7:20, 8:8, 10:10, 19:11, 21:19, 59:16 appearance [2] - 8:18, 26:2 APPEARANCES [1] - 2:1 appearing [8] - 53:9, 96:8, 97:3, 97:15, 98:2, 99:13, 99:21, 101:9 applicability [1] - 27:20 applicable [4] - 9:19, 10:11, 59:11, 77:20 applicant [9] - 4:11, 14:4, 25:1, 32:7, 54:18, 56:1, 78:7, 84:4, 98:12 Applicant [1] - 2:16 application [43] - 8:13, 8:21, 8:24, 9:11, 9:14, 9:19, 9:22, 9:23, 9:25, 10:1, 10:4, 10:23, 18:21, 18:24, 19:1, 19:7, 21:22, 22:18, 25:20, 26:4, 26:25, 27:8, 51:13, 51:14, 51:18, 53:23, 54:8, 59:15, 63:25, 64:17, 65:17, 78:8, 80:16, 80:23, 89:3, 89:8, 89:17, 89:21, 89:22, 90:10, 101:25 Betty K. 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3:24, 23:25, 24:3, 27:3, 79:5 attachment [5] - 11:1, 12:25, 19:14, 27:6, 65:8 Attachment [10] - 9:2, 9:12, 9:16, 9:20, 9:23, 10:1, 13:11, 13:18, 16:4, 18:2 attachments [4] - 21:11, 21:18, 59:15, 64:17 attended [1] - 6:22 attorney [5] - 21:7, 21:8, 24:3, 58:14, 83:2 Attorney [4] - 2:4, 2:8, 2:12, Page 34 of 67 29 of 41 sheets Page 3 to 3 of 15 1541 75:2 auction [3] - 8:10, 17:11, 72:21 August [1] - 27:13 authority [2] - 9:19, 11:12 authorization [1] - 28:9 authorized [1] - 50:23 Avenue [1] - 2:10 aware [1] - 101:17 aye [18] - 90:18, 90:19, 96:9, 96:10, 97:4, 97:5, 97:16, 97:17, 98:2, 98:3, 99:14, 99:15, 101:10, 101:11, 102:24, 102:25, 103:13, 103:14 B background [2] - 8:2, 42:11 backside [1] - 28:23 barriers [1] - 20:5 BARRY [1] - 2:13 Barry [20] - 3:20, 3:20, 3:21, 3:23, 5:3, 7:4, 20:16, 24:18, 24:20, 27:1, 39:7, 40:7, 50:3, 52:8, 64:25, 74:24, 75:11, 81:10, 91:2, 92:10 base [1] - 76:11 baseball [1] - 36:13 based [5] - 19:12, 72:11, 89:8, 89:18, 93:17 basement [2] - 46:22, 47:6 bases [1] - 10:15 basis [1] - 15:8 bathroom [2] - 8:18, 76:20 bay [2] - 43:17, 52:3 BAYER [39] - 2:10, 3:3, 3:11, 3:12, 5:6, 5:18, 5:22, 6:9, 6:12, 6:16, 7:3, 31:15, 53:18, 53:21, 54:13, 54:16, 56:22, 57:2, 68:11, 68:15, 69:7, 69:15, 69:21, 69:24, 70:2, 70:11, 70:14, 79:12, 79:20, 80:1, 80:4, 88:21, 95:9, 95:15, 98:8, 98:10, 98:15, 99:1, 99:20 Beach [1] - 100:7 beams [1] - 48:21 beauty [1] - 18:11 becomes [3] - 43:19, 52:6 begin [1] - 42:3 beginning [1] - 81:9 begins [2] - 23:2, 24:11 behalf [2] - 32:6, 55:4 believes [1] - 27:17 below [5] - 22:24, 24:8, 28:18, 46:8, 75:12 benefit [3] - 5:7, 6:18, 44:3 Bernard [1] - 37:2 Bernhardt [2] - 2:17, 29:22 BERNHARDT [13] - 3:5, 29:21, 30:11, 30:16, 30:20, 30:23, 30:25, 31:3, 31:13, 32:25, 33:5, 33:12, 33:15 best [2] - 16:16, 55:2 Betty [2] - 1:23, 104:15 BETTY [1] - 104:5 between [2] - 37:25, 74:7 beyond [5] - 9:5, 61:2, 69:10, 90:23, 95:20 big [2] - 30:2, 37:8 Bill [1] - 96:5 bit [3] - 33:19, 33:22, 48:19 blight [1] - 74:3 blueprint [2] - 43:4, 43:5 BOA [10] - 3:19, 8:20, 10:3, 10:6, 10:9, 11:11, 13:25, 14:12, 83:18 BOA 's [2] - 18:6, 19:15 Board [26] - 2:12, 4:7, 5:9, 5:14, 6:21, 7:7, 7:8, 8:12, 10:2, 17:1, 21:4, 21:5, 21:13, 21:19, 24:1, 25:12, 25:16, 25:22, 65:9, 85:22, 88:23, 101:18, 101:19, 101:24, 104:9 board [29] - 4:15, 4:17, 5:1, 33:11, 39:3, 39:11, 41:24, 53:11, 53:21, 56:10, 58:19, 58:21, 58:25, 59:20, 62:7, 71:20, 72:3, 74:10, 78:14, 84:4, 84:8, 84:10, 85:3, 86:12, 88:6, 94:19, 100:5, 102:22 BOARD [2] - 1:1, 1:17 board 's [3] - 56:17, 80:18 boards [1] - 41:21 boat [1] - 52:21 boaters [1] - 67:22 boathouse [56] - 1:7, 7:16, 8:7, 9:1, 9:16, 10:20, 12:24, 15:22, 17:8, 18:2, 19:19, 20:2, 21:18, 26:11, 26:23, 27:1, 27:20, 27:25, 30:6, 30:10, 30:17, 31:5, 32:8, 32:18, 32:21, 32:23, 35:5, 43:17, 44:4, 44:16, 45:13, 46:3, 46:25, 47:7, 52:3, 58:17, 58:24, 59:10, 61:2, 63:10, 65:9, 65:15, 66:21, 66:25, 67:3, 67:8, 67:16, 67:19, 67:21, 67:23, 68:3, 71:13, 75:14, 76:5, 76:21 boathouses [21] - 12:9, 13:4, 13:17, 22:1, 27:16, 32:19, 47:11, 60:16, 60:17, 60:19, 63:1, 63:20, 64:1, 66:21, 66:25, 67:2, 74:19, 75:5, 75:6, 75:20, 77:1 boating [1] - 67:17 boats [7] - 44:6, 44:17, 44:19, 60:20, 60:22 body [4] - 53:25, 54:4, 68:17, 70:3 bolts [1] - 35:14 bomb [1] - 46:12 book [6] - 45:2, 45:6, 45:8, 45:15, 57:21, 57:25 BOOM [1] - 104:5 Boom [2] - 1:23, 104:15 born [1] - 36:9 borrow [1] - 31:9 bought [1] - 17:10 Box [1] - 2:3 break [1] - 58:11 bridges [1] - 74:2 briefly [4] - 59:17, 64:21, 80:14, 85:2 bring [1] - 40:18 broad [2] - 13:12, 13:18 broadly [2] - 11:19, 13:16 brought [1] - 40:11 bsullivan @co.ozaukee .wi .us [1] - 2:15 budget [1] - 48:10 build [1] - 36:13 building [90] - 22:3, 22:15, 22:20, 22:24, 24:8, 24:14, 24:16, 28:17, 28:23, 28:24, 29:3, 29:5, 29:6, 30:14, 34:9, 35:3, 35:4, 35:10, 36:23, 37:11, 37:21, 38:19, 39:10, 40:13, 42:13, 42:19, 42:20, 42:24, 42:25, 43:1, 43:2, 43:5, 43:7, 43:8, 43:9, 43:11, 43:12, 43:18, 43:19, 44:4, 46:23, 47:21, 48:19, 49:8, 49:15, 50:16, 52:1, 52:3, 52:5, 52:14, 52:20, 59:3, 59:8, 59:10, 59:23, 59:25, 60:2, 60:6, 60:17, 60:22, 61:8, 62:7, 62:12, 62:13, 62:16, 62:18, 62:21, 63:5, 63:10, 64:6, 64:12, 65:21, 66:1, 66:3, 66:4, 66:20, 66:24, 67:4, 67:8, 68:2, 68:5, 76:2, 77:4, 91:6, 91:9, 92:3, 95:25, 96:19 Building [1] - 1:15 buildings [7] - 13:10, 33:21, 38:13, 38:18, 64:5, 66:14 built [11] - 36:14, 46:12, 62:8, 62:13, 62:16, 63:5, 65:21, 65:23, 66:13, 66:15, 68:6 bulk [1] - 16:19 bulletin [1] - 76:1 burden [2] - 13:24, 78:7 burdensome [3] - 16:11, Betty K. Vande Boom , RPR 262-284-9868 3 16:22, 66:10 burst [1] - 36:18 business [3] - 44:4, 44:16, 73:24 businesses [2] - 36:14, 36:16 Button [21] - 1:11, 8:1, 27:15, 27:24, 33:20, 36:11, 37:16, 37:20, 38:11, 38:13, 42:9, 44:10, 58:17, 59:3, 61:19, 65:15, 66:13, 91:25, 92:4, 92:9, 94:1 button [18] - 25:2, 36:17, 40:16, 58:23, 59:24, 73:4, 81:12, 81:14, 81:18, 81:21, 81:23, 87:3, 91:15, 91:22, 92:11, 92:16, 93:18, 93:25 buttons [4] - 42:12, 60:12, 60:13 buyers [1] - 74:4 BY [1] - 3:2 C C3 [1] - 77:15 cannot [3] - 19:3, 72:3, 85:24 canoers [1] - 67:7 care [3] - 29:8, 38:6, 98:7 CARLSON [1] - 2:9 carpenter [1] - 42:22 carried [7] - 90:22, 96:13, 97:8, 97:20, 98:6, 99:18, 103:3 case [3] - 56:21, 78:7 case -by-case [1] - 78:7 Castner [1] - 101:18 caved [1] - 30:4 Cedarburg [1] - 100:9 Century [1] - 45:4 certain [1] - 32:22 certainly [1] - 56:19 certification [2] - 27:21, 27:25 certified [1] - 50:20 certify [1] - 104:7 certiorari [1] - 89:12 CFR [1] - 78:10 Chair [2] - 40:1, 88:3 chair [2] - 101:16, 101:19 CHAIR [158] - 3:3, 3:14, 4:5, 4:15, 5:17, 20:16, 20:20, 20:24, 29:8, 29:12, 29:16, 29:19, 30:8, 31:7, 32:17, 33:3, 33:10, 33:13, 33:16, 34:21, 34:24, 35:18, 38:5, 38:22, 38:25, 39:4, 39:23, 40:2, 40:6, 40:23, 41:4, 41:9, 42:3, 45:25, 46:18, 47:2, 47:5, 47:15, 47:19, 48:9, Page 35 of 67 Page 4 to 4 of 15 30 of 41 sheets 48:14, 48:24, 49:3, 49:6, 49:11, 49:13, 50:2, 52:14, 53:8, 53:20, 56:20, 56:25, 57:9, 57:13, 58:1, 58:5, 58:8, 58:12, 68:10, 68:14, 70:15, 74:24, 80:19, 80:22, 81:1, 81:5, 82:16, 84:15, 84:19, 84:25, 86:20, 86:24, 87:5, 87:9, 87:12, 87:20, 87:25, 88:4, 88:9, 88:11, 88:14, 88:17, 89:19, 90:2, 90:6, 90:13, 90:16, 90:20, 91:4, 91:14, 91:18, 91:23, 92:4, 92:8, 92:10, 92:15, 92:20, 92:23, 93:1, 93:5, 93:16, 93:21, 94:7, 94:15, 94:21, 94:25, 95:2, 95:5, 95:14, 95:16, 96:3, 96:7, 96:11, 96:13, 96:18, 96:24, 97:2, 97:6, 97:8, 97:12, 97:14, 97:18, 97:20, 97:24, 98:1, 98:4, 98:6, 98:9, 98:14, 98:19, 99:4, 99:8, 99:10, 99:16, 99:18, 99:21, 99:25, 100:12, 100:17, 100:19, 100:22, 100:25, 101:3, 101:5, 101:8, 101:12, 101:14, 102:2, 102:6, 102:9, 102:12, 102:18, 102:21, 103:1, 103:3, 103:6, 103:9, 103:12 Chairman [5] - 1:18, 50:21, 56:15, 68:8, 98:8 chairman [7] - 5:7, 20:21, 50:22, 53:18, 68:11, 70:14, 102:1 challenge [1] - 54:22 change [6] - 37:14, 38:3, 40:17, 51:15, 67:9, 91:20 changes [4] - 37:17, 37:24, 38:9, 38:10 changing [2] - 23:15, 51:22 Chapter [10] - 19:20, 20:3, 20:8, 25:6, 26:19, 27:8, 28:1, 63:18, 63:22, 77:10 Chapters [1] - 77:22 character [1] - 67:9 CHARLES [2] - 1:3, 2:16 Charles [10] - 1:3, 2:4, 2:5, 7:10, 21:10, 21:20, 25:14, 25:20, 42:8 Charlie [2] - 34:8, 34:20 Cheryl [2] - 2:18, 34:3 chose [1] - 45:15 Christine [2] - 2:18, 36:5 Cigrand [1] - 37:2 Cigrand 's [1] - 37:2 circuit [1] - 89:12 circumstance [1] - 16:6 circumstances [2] - 15:3, 17:22 cited [1] - 11:10 citing [1] - 9:19 clam [1] - 42:12 clarification [7] - 26:19, 27:9, 28:15, 50:11, 52:19, 68:12, 88:6 clarify [3] - 50:3, 55:4, 75:13 clean [1] - 7:1 clear [1] - 55:15 clearer [1] - 72:20 clearly [4] - 4:22, 34:10, 35:9, 88:15 clerk 's [1] - 101:25 client [2] - 55:4, 56:18 clock [1] - 4:7 close [2] - 39:24, 41:24 close -up [1] - 41:24 closed [2] - 30:4, 30:24 CLOSED [1] - 3:8 code [18] - 12:19, 18:22, 31:22, 54:24, 55:7, 55:11, 55:14, 56:5, 59:12, 60:16, 62:25, 63:6, 66:7, 68:23, 85:1, 89:16, 91:4, 98:13 Code [16] - 11:9, 12:15, 20:14, 59:19, 60:15, 62:15, 63:6, 63:23, 65:7, 67:15, 77:11, 77:23, 78:9, 78:11, 86:5, 88:23 collapsing [1] - 35:15 collectively [1] - 12:19 coming [2] - 54:12, 95:6 COMMENT [1] - 3:4 comment [4] - 29:9, 29:13, 31:25, 56:8 COMMENTS [1] - 3:2 comments [8] - 6:8, 25:18, 26:1, 32:3, 40:4, 53:11, 82:17, 93:15 commercial [54] - 8:6, 9:1, 9:16, 10:19, 11:13, 12:9, 12:20, 13:2, 13:4, 13:20, 15:22, 15:24, 17:7, 17:19, 22:2, 26:10, 26:23, 27:1, 27:16, 30:5, 30:9, 31:5, 32:18, 32:20, 60:2, 60:4, 71:1, 71:6, 71:9, 71:13, 71:15, 72:1, 73:1, 75:5, 75:6, 75:14, 75:23, 76:5, 76:13, 76:15, 76:18, 76:21, 78:18, 85:6, 85:12, 86:2, 86:6, 86:17, 93:22, 93:23, 94:7, 94:10 Commission [1] - 104:17 committee [1] - 36:1 common [5] - 14:6, 15:5, 17:23, 66:12, 84:7 communications [2] - 26:9, 103:4 communities [1] - 79:7 community [3] - 37:21, 78:20, 79:1 company [1] - 49:22 compliance [8] - 16:17, 40:11, 40:18, 59:11, 60:17, 63:5, 65:6, 66:6 comply [7] - 13:5, 61:13, 62:19, 64:8, 66:3, 66:10, 66:21 computerized [1] - 104:10 concern [1] - 30:2 concerned [1] - 33:2 concerning [2] - 21:18, 66:7 concerns [1] - 31:20 Concrete [3] - 48:13, 48:14, 48:16 concur [1] - 53:16 concurs [1] - 26:7 condition [1] - 43:14 conditions [13] - 14:6, 15:4, 15:10, 16:6, 55:7, 55:15, 55:20, 56:4, 65:19, 65:20, 66:11, 66:16, 84:7 conduct [1] - 5:10 conducted [2] - 5:11, 6:20 confer [1] - 82:12 conferring [1] - 39:7 confirm [1] - 24:18 confirmed [1] - 28:22 conflict [1] - 74:7 conform [4] - 11:5, 71:24, 72:18, 85:21 conforming [1] - 16:8 conformity [2] - 16:21, 66:17 confront [3] - 13:1, 13:12, 13:19 connection [1] - 77:4 consecutive [2] - 11:4, 40:10 considered [4] - 24:16, 28:24, 76:4, 76:17 considering [2] - 16:14, 27:23 consistent [5] - 14:9, 14:17, 55:22, 67:11, 84:11 Constitution [1] - 45:17 constitution [2] - 34:5, 45:18 construable [1] - 13:4 construct [4] - 1:7, 7:16, 15:22, 17:7 constructed [4] - 51:8, 61:12, 61:20, 66:5 construction [2] - 50:24, 61:1 consult [1] - 82:1 Betty K. Vande Boom , RPR 262-284-9868 4 consumption [1] - 77:14 contemplates [1] - 27:20 contention [1] - 29:4 continue [3] - 28:2, 33:23, 34:2 continued [1] - 101:15 contradictory [1] - 87:2 contrary [6] - 14:7, 15:14, 17:9, 17:20, 55:21, 84:9 convenience [2] - 67:14, 67:19 convert [4] - 8:4, 8:25, 9:15, 10:18 converting [2] - 17:18, 20:1 coordinator [1] - 82:4 copied [1] - 75:8 copies [1] - 3:24 copy [5] - 23:19, 23:20, 28:11, 63:25, 80:2 corp [2] - 21:8, 21:9 corporate [4] - 39:5, 53:14, 85:1 CORPORATION [1] - 2:6 corporation [3] - 50:13, 51:5, 52:23 correct [30] - 5:17, 18:24, 25:8, 29:2, 49:9, 52:25, 53:4, 54:15, 54:20, 69:25, 81:12, 82:1, 82:5, 82:13, 82:20, 82:25, 84:17, 86:23, 88:7, 91:2, 91:3, 92:12, 92:13, 92:22, 94:16, 98:25, 99:1, 100:17, 104:8 correction [1] - 43:23 correctly [4] - 26:12, 78:21, 79:2, 92:17 correspondence [3] - 20:22, 24:25, 25:10 cost [1] - 48:10 costly [1] - 73:22 counsel [20] - 21:8, 21:9, 24:1, 39:5, 50:14, 51:5, 52:24, 53:14, 53:15, 53:21, 54:17, 54:20, 56:1, 56:17, 57:4, 57:5, 68:15, 85:2, 88:18 COUNSEL [1] - 2:6 counsel 's [1] - 81:2 counties [1] - 79:18 COUNTY [3] - 1:1, 2:6, 104:2 county [56] - 21:22, 22:10, 22:12, 22:25, 23:1, 24:10, 24:22, 24:25, 26:5, 26:6, 26:13, 28:24, 28:25, 29:6, 32:7, 33:8, 37:13, 39:2, 39:11, 39:13, 42:13, 43:21, 43:23, 44:25, 45:10, 47:25, 48:3, 48:4, 50:18, 51:9, 51:12, 52:8, 52:21, 52:23, Page 36 of 67 31 of 41 sheets Page 5 to 5 of 15 1541 53:3, 56:7, 59:4, 61:6, 61:8, 61:22, 61:25, 62:2, 63:13, 72:7, 77:9, 77:21, 78:4, 78:12, 79:17, 82:4, 88:6, 99:12, 101:25, 102:1 County [33] - 1:5, 1:15, 2:8, 2:12, 2:13, 3:19, 7:12, 8:11, 11:5, 13:17, 16:25, 21:5, 21:24, 23:4, 25:12, 25:15, 25:22, 28:3, 40:12, 45:8, 50:20, 51:17, 57:19, 57:22, 59:11, 59:19, 60:15, 75:18, 76:8, 76:23, 77:5, 88:22, 99:6 county 's [2] - 28:25, 70:4 County 's [5] - 20:12, 28:4, 71:11, 73:5, 98:21 couple [1] - 81:9 Court [1] - 16:13 court [6] - 4:21, 6:24, 53:1, 89:12, 89:13, 101:2 covering [1] - 31:17 create [9] - 43:16, 44:3, 44:16, 46:25, 52:3, 64:12, 67:17, 89:9, 89:10 created [6] - 15:6, 15:11, 16:8, 17:8, 66:16, 81:11 creates [1] - 35:25 creating [3] - 35:5, 35:8, 44:3 crib [2] - 48:24, 49:14 cribbing [2] - 46:10, 49:10 crisscrossing [1] - 46:14 criteria [3] - 78:13, 92:18, 93:10 CRIVELLO [1] - 2:9 current [3] - 24:3, 86:15, 86:18 D DAIRYLAND [1] - 2:2 Dairyland [2] - 21:6, 58:14 dale [1] - 28:9 Dale [12] - 3:19, 23:19, 23:21, 23:25, 24:19, 25:9, 26:15, 26:22, 27:5, 27:12, 75:8, 82:3 dam [1] - 37:5 dam 's [1] - 37:7 damage [5] - 15:13, 18:13, 73:25, 74:6, 74:14 dance [1] - 37:21 DATE [1] - 1:13 date [2] - 79:20, 79:21 dated [2] - 27:12, 79:22 Dated [1] - 104:13 Dave [1] - 2:17 dealing [3] - 26:19, 75:6, 79:18 dear [1] - 25:16 debatable [2] - 60:14, 61:4 decades [4] - 42:17, 60:7, 61:20, 66:4 December [1] - 50:19 decide [3] - 10:4, 10:10, 88:24 decided [1] - 53:5 decision [8] - 10:12, 20:12, 54:2, 58:21, 59:1, 74:10, 78:15, 79:5 decisions [3] - 1:4, 7:11, 93:11 deep [1] - 32:10 defer [1] - 58:25 defined [2] - 60:7, 76:3 defines [2] - 12:2, 16:5 definitely [1] - 34:1 definition [3] - 30:9, 32:17 demolished [2] - 43:1, 43:3 demonstrate [1] - 17:5 denial [21] - 1:6, 1:8, 7:14, 7:18, 9:20, 9:23, 10:1, 18:17, 19:6, 19:12, 25:19, 26:4, 85:15, 89:21, 98:17, 98:21, 98:24, 99:2, 99:5, 99:11 denials [2] - 10:15, 34:9 denied [10] - 8:20, 18:18, 51:15, 51:19, 53:24, 64:22, 91:11, 98:22, 98:23, 100:17 Dennis [1] - 50:13 density [1] - 16:19 deny [17] - 20:12, 65:17, 87:20, 89:7, 89:17, 89:20, 90:3, 90:7, 90:9, 93:20, 95:11, 95:22, 96:14, 96:23, 97:10, 97:11, 97:22 denying [7] - 9:11, 9:18, 31:21, 45:12, 61:25, 90:4, 98:15 Department [8] - 2:13, 7:6, 19:18, 19:24, 20:6, 20:9, 20:11, 25:17 department [15] - 9:10, 9:17, 13:8, 25:18, 26:3, 26:5, 26:7, 26:11, 27:14, 27:17, 28:1, 50:7, 51:1, 51:6, 74:20 department 's [2] - 19:11, 26:9 dependent [3] - 12:23, 65:12, 75:16 described [2] - 8:6, 65:10 design [1] - 47:25 designed [3] - 46:12, 60:19, 65:11 destroy [1] - 62:20 determination [2] - 10:13, 93:19 determine [1] - 84:5 determined [1] - 27:24 determining [1] - 83:19 detriment [1] - 15:12 developed [1] - 79:6 development [2] - 12:16, 15:24 devolve [1] - 32:11 Devonshire [1] - 100:9 difference [2] - 41:4, 80:20 different [5] - 37:20, 41:8, 41:9, 71:2, 73:19 difficulty [1] - 16:16 Dimensional [1] - 9:4 dimensional [13] - 10:7, 10:17, 13:22, 14:1, 14:14, 15:18, 15:21, 16:3, 16:9, 71:19, 83:21, 84:1, 94:18 directed [2] - 53:19, 56:16 directing [1] - 39:22 directive [1] - 54:3 directly [1] - 43:18 disagree [1] - 83:2 disagreed [1] - 74:21 discontinuance [1] - 85:15 discontinuation [1] - 72:15 discontinued [16] - 11:3, 11:15, 13:14, 17:14, 22:5, 71:22, 71:24, 72:16, 72:19, 72:21, 73:1, 85:11, 85:12, 85:17, 85:18, 86:14 discourage [1] - 74:3 discuss [1] - 75:12 discussion [12] - 51:23, 70:5, 87:6, 90:17, 96:8, 97:3, 97:15, 98:2, 99:12, 101:8, 101:9, 103:12 Discussion [6] - 21:2, 35:22, 42:1, 57:14, 83:24, 99:24 distance [1] - 91:21 distinctly [1] - 37:15 distracted [1] - 35:20 district [3] - 22:1, 75:24, 75:25 districts [2] - 22:3, 60:5 DNR [24] - 20:3, 23:3, 23:19, 25:11, 26:18, 26:23, 26:25, 28:21, 37:10, 48:4, 48:5, 52:7, 59:9, 63:9, 64:1, 64:2, 75:8, 77:25, 79:16, 82:1, 82:2, 82:4, 82:13 DNR 's [1] - 29:4 doctrine [4] - 45:9, 45:18, 57:19, 57:23 document [2] - 21:17, 37:3 documentation [1] - 50:7 documents [1] - 3:22 donate [3] - 33:8, 44:20, 44:24 donations [1] - 33:13 done [6] - 29:11, 35:23, Betty K. Vande Boom , RPR 262-284-9868 5 39:18, 44:23, 52:17, 102:23 door [2] - 5:25, 6:6 double [1] - 9:6 down [6] - 6:19, 38:11, 58:3, 67:23, 78:23, 93:22 drafted [1] - 62:9 Drive [1] - 100:9 due [7] - 14:5, 17:7, 18:12, 55:19, 65:19, 66:11, 84:6 during [2] - 32:1 duty [4] - 45:8, 45:19, 57:19, 57:23 E early [1] - 36:14 earth [2] - 44:7, 44:9 East [1] - 7:22 east [1] - 43:8 economic [2] - 15:9, 17:18 edition [1] - 16:24 effect [1] - 89:23 efforts [2] - 58:16, 73:23 either [6] - 22:11, 31:21, 32:6, 33:11, 88:1, 88:11 elect [2] - 101:15, 101:21 elements [1] - 54:5 elevated [1] - 76:12 elevation [4] - 47:22, 76:11, 76:13, 76:15 eliminate [1] - 93:7 email [9] - 3:20, 3:20, 3:21, 3:23, 27:3, 27:12, 75:3, 75:13, 79:23 emails [1] - 26:18 emphasize [1] - 65:13 employed [1] - 42:22 enable [9] - 15:21, 18:4, 44:5, 45:9, 57:23, 71:21, 72:4, 85:24, 94:20 enacted [1] - 66:4 end [14] - 7:1, 20:15, 30:6, 31:17, 38:11, 43:1, 60:21, 61:3, 61:17, 63:2, 64:1, 64:9, 67:15, 73:9 ended [1] - 103:15 enforcement [6] - 14:2, 14:21, 55:18, 83:23, 84:2, 93:11 enforces [1] - 20:3 engineer [2] - 79:16, 82:3 Engineer [1] - 26:17 engineering [1] - 43:25 enjoy [1] - 34:6 enlarging [1] - 23:16 ensuring [1] - 53:25 entertain [3] - 56:12, 89:7, 89:17 entertainment [1] - 37:21 entire [4] - 30:21, 43:10, Page 37 of 67 Page 6 to 6 of 15 32 of 41 sheets 64:11, 66:1 entities [1] - 28:7 entity [1] - 73:1 enumerating [1] - 18:20 environmental [1] - 51:6 equipment [2] - 60:20, 76:12 erosion [1] - 18:9 error [3] - 10:12, 18:22, 18:23 essence [1] - 38:14 essentially [1] - 99:2 establish [2] - 17:15, 17:21 established [1] - 15:23 establishes [1] - 45:19 establishing [1] - 13:24 estimate [2] - 48:16, 49:21 events [1] - 8:8 eventually [1] - 72:17 evidence [1] - 58:20 evident [1] - 12:19 exact [1] - 31:11 exactly [1] - 31:5 example [1] - 38:2 excavated [1] - 44:22 excavating [2] - 23:7, 23:13 excavation [1] - 23:10 Exceed [1] - 9:6 exceed [1] - 96:14 Exceptional [1] - 15:3 exceptional [1] - 17:22 exclusively [2] - 32:18, 32:20 excuse [1] - 54:11 exempt [5] - 63:17, 63:19, 63:21, 64:1, 74:19 exhibit [2] - 21:1, 21:4 EXHIBIT [1] - 3:16 Exhibit [13] - 4:3, 7:9, 21:3, 21:5, 25:10, 26:18, 27:6, 42:2, 70:22, 79:11, 80:7, 80:12, 80:13 exhibits [3] - 21:19, 28:12, 64:17 Exhibits [2] - 3:24, 80:9 exist [2] - 17:23, 90:9 existing [17] - 10:5, 11:13, 11:16, 22:19, 25:2, 46:19, 55:14, 61:11, 62:15, 64:6, 65:22, 66:2, 77:2, 77:16, 77:19, 89:1, 89:6 exists [2] - 16:16, 67:18 expand [5] - 22:13, 61:16, 62:4, 62:18, 63:14 expanding [2] - 22:15, 61:18 expansion [1] - 61:10 expenditures [1] - 73:21 expense [1] - 73:24 expert [1] - 34:12 expiration [1] - 101:14 expires [1] - 104:17 explained [1] - 16:16 extend [3] - 11:20, 14:24, 15:19 extension [1] - 43:20 extent [1] - 50:16 extra [1] - 28:11 F facilities [1] - 74:1 fact [2] - 34:4, 93:18 factors [1] - 13:25 factory [18] - 25:2, 36:17, 40:16, 42:11, 58:24, 59:24, 73:4, 81:12, 81:15, 81:18, 81:22, 81:23, 87:3, 91:15, 91:22, 92:11, 92:16, 93:18 Factory [21] - 1:11, 8:1, 27:15, 27:24, 33:20, 36:11, 37:16, 37:20, 38:11, 38:13, 42:9, 44:10, 58:17, 59:3, 61:19, 65:15, 66:13, 92:1, 92:5, 92:9, 94:1 facts [1] - 27:23 failed [1] - 17:21 fails [4] - 13:1, 13:12, 13:19, 84:13 failure [2] - 39:3, 39:10 falls [2] - 22:25, 24:9 family [4] - 36:6, 42:16, 42:17, 44:13 far [3] - 34:16, 43:6, 85:14 fashion [1] - 4:19 fast [1] - 4:22 father [1] - 37:3 favor [9] - 90:18, 96:8, 97:4, 97:16, 98:2, 99:14, 101:9, 102:24, 103:13 feasible [3] - 60:10, 65:24 federal [1] - 78:9 feed [4] - 29:23, 29:24, 30:2, 33:2 feedback [1] - 32:3 feet [23] - 22:8, 23:8, 23:11, 23:13, 43:11, 46:3, 46:4, 47:11, 49:20, 62:12, 62:14, 62:17, 62:19, 62:24, 63:2, 64:5, 64:6, 64:9, 74:22, 76:14, 90:25, 91:5 Fellenz [3] - 2:18, 39:1, 101:23 FELLENZ [4] - 3:7, 38:24, 39:1, 39:9 FEMA [2] - 13:6, 79:4 few [3] - 37:8, 66:20, 70:20 field [1] - 36:13 fifth [2] - 64:3, 69:14 filed [3] - 8:14, 21:19, 52:23 fill [4] - 11:24, 76:6, 76:14, 101:24 filled [1] - 79:7 filling [4] - 23:7, 23:10, 23:12, 23:14 finally [1] - 55:11 finances [1] - 34:16 Financial [1] - 15:6 financial [1] - 15:8 findings [4] - 14:13, 26:7, 55:17, 55:24 fine [2] - 36:4, 53:6 finish [1] - 49:3 firm [1] - 44:1 first [21] - 6:8, 6:25, 20:18, 23:24, 29:17, 29:20, 35:12, 37:1, 48:20, 50:6, 56:21, 58:11, 59:18, 69:5, 70:18, 70:20, 75:4, 81:3, 81:6, 88:22, 89:25 fish [3] - 18:10, 45:9, 57:24 fit [1] - 95:11 five [4] - 31:17, 32:15, 42:19, 83:15 fix [1] - 91:12 fixed [2] - 33:22, 50:12 fixing [1] - 35:3 float [1] - 67:23 flood [12] - 18:12, 37:8, 46:20, 47:22, 73:22, 74:3, 74:5, 74:6, 74:14, 76:11, 76:13, 76:15 floodfringe [6] - 12:13, 12:17, 12:21, 75:24, 76:16, 86:8 flooding [2] - 18:9, 50:1 Floodplain [9] - 11:6, 19:5, 28:4, 40:12, 51:18, 75:19, 76:9, 76:23, 77:6 floodplain [15] - 25:7, 26:14, 36:21, 46:9, 48:25, 49:8, 67:25, 75:7, 76:7, 77:3, 78:13, 79:4, 79:19, 82:2, 94:11 floodproofing [2] - 13:6, 43:24 floods [4] - 36:25, 37:5, 37:6, 38:15 floodway [36] - 8:5, 11:25, 12:11, 12:13, 12:16, 12:21, 13:2, 13:5, 13:15, 13:21, 15:23, 15:25, 25:8, 71:8, 71:10, 71:14, 71:16, 71:18, 71:23, 72:2, 75:25, 76:7, 76:17, 76:19, 76:25, 77:3, 77:18, 77:19, 78:2, 86:2, 86:7, 86:9, 86:10, 86:16, 91:9, 94:11 floor [5] - 46:20, 46:21, Betty K. Vande Boom , RPR 262-284-9868 6 47:7, 48:20 flume [1] - 37:3 focus [4] - 18:6, 35:2, 35:8, 74:11 focused [2] - 35:12, 54:5 folks [1] - 44:12 follow [3] - 34:14, 44:8, 83:18 followed [1] - 19:5 following [12] - 1:4, 7:21, 8:7, 8:24, 13:25, 14:13, 18:25, 43:6, 44:9, 59:21, 63:19, 89:1 foot [9] - 62:11, 68:21, 69:11, 76:6, 92:11, 93:7, 93:8, 95:19, 95:21 footage [2] - 96:14, 96:23 Footage [1] - 9:7 footprint [7] - 22:14, 22:15, 61:16, 61:18, 62:4, 62:18, 63:15 foreclosure [1] - 8:11 foregoing [1] - 104:8 forgotten [1] - 99:19 former [1] - 25:2 formerly [2] - 1:11, 8:1 forms [1] - 79:6 forth [3] - 14:10, 14:18, 32:12 forward [1] - 40:25 forwarded [1] - 21:8 foundation [17] - 37:11, 43:13, 43:14, 43:22, 43:24, 46:2, 46:7, 46:11, 46:17, 46:19, 48:1, 48:22, 49:25, 51:10, 51:11, 64:8, 64:14 four [4] - 34:17, 49:20, 82:23, 93:10 four -lane [1] - 34:17 fourth [2] - 62:23, 69:12 Fredonia [12] - 1:9, 1:11, 7:21, 7:25, 25:15, 28:6, 36:7, 50:20, 50:22, 52:20, 52:21, 53:2 free [1] - 24:23 front [2] - 43:10, 89:4 frontage [1] - 16:18 Fulcomer [2] - 2:18, 35:1 FULCOMER [12] - 3:6, 34:22, 34:25, 39:20, 46:1, 46:6, 46:16, 46:24, 47:10, 47:23, 48:2, 48:7 full [4] - 40:11, 40:18, 65:6, 102:22 fun [1] - 102:15 function [1] - 75:22 functionally [2] - 65:12, 75:16 furthermore [6] - 14:12, 63:16, 64:7, 66:23, 77:15, Page 38 of 67 33 of 41 sheets Page 7 to 7 of 15 1541 86:4 future [8] - 11:4, 71:24, 72:23, 72:24, 74:3, 85:20, 91:13 G garage [2] - 100:12, 100:14 general [9] - 4:11, 12:25, 31:18, 67:14, 73:24, 81:5, 81:6, 81:8, 82:17 generally [2] - 60:3, 73:23 generations [1] - 36:5 gentleman [3] - 36:22, 38:15, 45:6 getaway [1] - 42:16 glad [1] - 33:21 Google [2] - 44:7, 44:9 GORDEN [33] - 2:6, 3:13, 6:1, 6:5, 7:2, 21:1, 35:23, 39:6, 39:13, 39:21, 40:1, 40:3, 40:20, 56:15, 57:7, 68:8, 70:19, 79:10, 79:24, 80:8, 80:12, 80:17, 80:25, 83:1, 83:5, 83:7, 83:9, 85:5, 86:23, 87:1, 94:13, 94:17, 94:23 Gorton [2] - 2:18, 34:3 GORTON [2] - 3:6, 34:3 gotcha [2] - 33:15, 58:8 governing [2] - 16:9, 16:18 government [1] - 45:22 grading [4] - 23:7, 23:10, 23:12, 23:14 grandfathering [2] - 72:10, 72:17 grant [17] - 10:6, 11:20, 13:25, 14:14, 14:24, 15:19, 53:15, 58:22, 61:6, 62:7, 71:20, 72:3, 81:11, 89:5, 91:8, 93:7, 93:9 granted [15] - 15:8, 16:4, 19:6, 19:23, 39:2, 39:9, 39:16, 53:24, 55:17, 69:19, 69:20, 69:23, 70:10, 78:17, 94:20 granting [3] - 31:21, 78:9, 78:13 great [2] - 35:13, 59:7 Green [1] - 23:17 ground [3] - 31:17, 32:21, 95:11 grounds [1] - 15:7 group [1] - 66:12 guess [8] - 29:24, 35:6, 42:14, 81:3, 88:21, 93:21, 95:6 guys [1] - 51:21 H habitation [4] - 60:21, 60:23, 65:11, 76:21 half [1] - 58:18 hall [1] - 37:21 handouts [1] - 41:3 happiness [3] - 34:7, 34:8, 34:10 hard [4] - 6:15, 31:14, 38:15, 87:22 hardship [22] - 14:4, 14:5, 14:20, 14:22, 15:6, 15:7, 15:9, 16:2, 16:6, 16:15, 17:5, 17:6, 17:9, 55:19, 59:7, 65:16, 65:18, 66:11, 84:4, 84:6, 93:13 harm [1] - 15:15 harmless [1] - 39:11 head [2] - 46:22, 48:3 health [6] - 18:11, 51:7, 67:2, 67:14, 73:20, 74:13 hear [6] - 5:19, 5:20, 10:3, 10:10, 70:4, 88:24 heard [7] - 25:21, 56:24, 57:3, 68:19, 68:20, 69:1, 77:24 HEARING [1] - 3:8 hearing [25] - 3:22, 4:12, 4:16, 5:1, 5:2, 6:15, 7:8, 8:13, 10:24, 25:11, 25:13, 25:19, 25:25, 26:2, 27:9, 31:19, 32:10, 34:5, 39:25, 47:4, 59:22, 89:1, 90:17, 100:5, 104:9 height [16] - 16:19, 22:17, 22:19, 46:3, 46:17, 47:6, 47:15, 64:4, 64:10, 65:22, 66:2, 66:7, 68:22, 69:14, 97:21 Height [1] - 9:8 held [4] - 8:13, 16:13, 39:11, 89:2 Hello [1] - 27:11 hello [1] - 27:13 help [3] - 38:18, 38:19, 54:4 helping [1] - 58:15 helps [2] - 27:4, 75:13 Henry [9] - 3:18, 3:21, 21:7, 23:17, 55:3, 57:5, 58:14, 75:2, 83:2 HENRY [31] - 2:2, 3:12, 5:19, 5:25, 6:3, 6:10, 21:14, 28:11, 41:8, 41:10, 41:13, 41:17, 41:21, 54:11, 54:15, 57:11, 57:15, 58:9, 58:13, 69:5, 69:9, 69:18, 69:22, 70:1, 70:8, 70:12, 80:11, 80:13, 80:21, 83:12, 83:14 hereby [1] - 104:7 Hi [2] - 24:20, 75:11 high [31] - 9:6, 22:8, 22:9, 22:25, 23:2, 23:9, 24:9, 24:11, 24:13, 24:17, 25:5, 28:18, 28:22, 29:3, 46:20, 46:21, 47:12, 51:24, 51:25, 61:2, 62:24, 63:2, 69:10, 74:22, 90:24, 91:1, 91:5, 91:21, 93:8, 95:21, 97:9 High [3] - 9:8, 100:7, 100:20 higher [2] - 46:4, 48:17 Historic [3] - 27:22, 36:24, 42:21 historic [16] - 8:17, 22:19, 38:18, 40:13, 58:23, 59:4, 59:23, 62:20, 65:20, 75:17, 76:2, 76:4, 81:16, 91:14, 92:13, 92:15 Historical [1] - 76:3 historical [8] - 35:17, 36:11, 40:21, 68:3, 73:5, 87:4, 87:5 history [3] - 33:19, 33:24, 36:12 hold [1] - 47:16 home [3] - 36:9, 37:23, 74:4 hope [4] - 27:4, 34:1, 42:24, 75:13 hours [1] - 81:9 house [2] - 31:1, 38:4 Hubing [1] - 1:18 HUBING [31] - 30:13, 30:19, 30:22, 30:24, 31:2, 82:18, 82:21, 83:4, 83:6, 83:8, 83:10, 83:13, 83:15, 84:14, 84:24, 90:1, 90:5, 90:11, 91:11, 91:17, 93:14, 93:17, 93:25, 94:6, 97:1, 97:11, 97:25, 101:4, 102:5, 102:14, 103:11 human [5] - 60:21, 60:23, 65:11, 76:21, 77:14 humble [2] - 31:16, 35:11 hunt [3] - 45:10, 57:24, 60:10 I ice [1] - 37:8 idea [2] - 43:16, 72:16 ideas [1] - 72:23 identify [1] - 4:19 impact [1] - 64:16 implementation [1] - 24:21 implying [1] - 86:12 important [5] - 33:25, 35:2, 35:10, 35:17, 44:2 importantly [1] - 59:9 impose [1] - 39:16 Betty K. Vande Boom , RPR 262-284-9868 7 impractical [1] - 65:25 impression [1] - 35:25 improved [1] - 64:13 improving [3] - 9:5, 90:23, 95:20 inability [1] - 17:7 incident [1] - 39:10 inclined [1] - 89:10 include [1] - 63:25 included [1] - 22:2 includes [1] - 18:8 including [1] - 37:5 inconsistent [2] - 78:22, 79:3 incorporate [2] - 24:24, 45:16 incorrect [4] - 24:12, 24:13, 52:10, 54:20 increase [6] - 11:20, 14:24, 15:9, 15:19, 17:17, 74:6 increases [1] - 74:5 increasing [1] - 64:10 independent [1] - 75:22 indicates [3] - 11:11, 78:21, 79:2 individual [1] - 72:22 individually [2] - 95:17, 95:18 individuals [1] - 17:13 industrial [11] - 22:3, 32:20, 59:25, 60:1, 60:3, 60:5, 70:24, 71:1, 71:4, 85:7, 86:17 informed [3] - 24:15, 50:17, 50:22 informing [2] - 50:14, 51:1 inside [1] - 43:19 inspected [1] - 52:15 inspection [3] - 4:8, 5:10, 6:20 inspector [1] - 51:5 install [2] - 8:18, 64:13 installed [1] - 42:18 instead [3] - 71:1, 71:7, 89:20 institute [1] - 63:6 instructed [1] - 22:10 integrity [2] - 35:4, 35:16 intended [1] - 15:16 intends [1] - 50:21 intent [2] - 14:17, 17:12 intention [2] - 8:19, 10:16 Interest [2] - 21:6, 58:15 interest [13] - 14:8, 15:15, 18:4, 18:14, 18:15, 36:7, 45:1, 55:21, 62:22, 65:14, 66:24, 73:14, 84:10 INTEREST [1] - 2:2 interesting [2] - 42:10 Page 39 of 67 Page 8 to 8 of 15 34 of 41 sheets interpret [1] - 89:16 interpretation [4] - 10:13, 18:21, 18:23, 31:22 interruption [1] - 73:25 intersects [1] - 25:4 intervals [2] - 37:17, 37:25 irrelevant [3] - 19:8, 19:11, 19:21 island [5] - 33:6, 33:8, 44:20, 50:6, 50:10 issue [7] - 18:24, 19:15, 19:25, 37:14, 80:15, 85:11, 99:19 issued [4] - 9:10, 9:18, 27:25, 52:20 issues [7] - 32:8, 38:6, 57:6, 68:18, 70:6, 79:19, 94:18 Item [2] - 24:4, 100:1 item [2] - 50:6, 81:2 itemized [1] - 10:17 itself [1] - 85:14 J Jacquelin [1] - 2:18 Jacqueline [1] - 35:1 James [1] - 100:8 January [8] - 1:13, 7:8, 21:10, 23:22, 25:12, 25:23, 50:25, 104:13 Jodi [2] - 2:17, 29:22 joining [1] - 6:18 July [3] - 75:10, 79:21, 79:22 June [3] - 8:23, 50:13, 75:9 jurisdiction [6] - 10:2, 10:3, 10:6, 10:9, 29:1, 29:7 jurisdictional [1] - 11:10 K Karen [2] - 2:17, 33:17 Kathi [1] - 24:14 Kathleen [4] - 21:7, 23:17, 53:17, 58:14 KATHLEEN [1] - 2:2 kayakers [1] - 67:7 kayaks [2] - 43:17, 44:19 keep [5] - 35:4, 53:6, 54:4, 83:17, 102:19 Kenealy [2] - 50:13, 50:17 Kent [1] - 45:6 key [2] - 7:24, 20:17 Key [1] - 1:10 khenry @ dairylandpublicinterestlaw .com [1] - 2:4 kind [5] - 33:9, 33:19, 33:22, 34:11, 95:7 kitchen [1] - 8:18 known [4] - 1:11, 7:8, 8:1, 37:1 knows [2] - 55:14, 68:17 Koeppen [2] - 1:19, 96:6 KOEPPEN [7] - 90:15, 96:5, 96:16, 96:22, 97:23, 99:9, 100:18 Kramasz [1] - 24:14 L ladies [1] - 42:16 laid [1] - 55:7 land [7] - 13:8, 40:7, 44:21, 52:7, 74:4, 74:7, 74:20 Land [2] - 2:13, 7:5 lands [1] - 32:19 landward [4] - 23:2, 23:8, 24:11, 24:17 lane [1] - 34:17 language [3] - 45:16, 89:8, 89:18 larger [1] - 96:17 last [4] - 29:18, 69:15, 87:16, 101:19 late [1] - 93:15 LAW [1] - 2:2 Law [3] - 21:6, 45:4, 58:15 law [6] - 13:9, 16:23, 34:12, 72:11, 72:14, 103:7 lawfully [1] - 61:12 laws [1] - 35:6 lawsuit [4] - 39:3, 39:12, 52:23, 53:3 layers [1] - 71:2 least [5] - 21:14, 43:11, 48:12, 48:18, 89:9 leave [1] - 80:2 legal [2] - 46:8, 57:6 legally [2] - 46:8, 53:5 less [3] - 10:4, 23:14, 88:25 lesser [3] - 22:2, 60:2, 70:25 letter [10] - 9:11, 9:18, 16:17, 21:6, 50:14, 50:20, 51:1, 53:14, 53:16, 66:6 Letter [3] - 3:18, 3:19, 3:21 letters [1] - 26:5 level [3] - 37:13, 64:10, 82:4 liability [3] - 39:2, 39:14, 39:17 liberty [1] - 34:7 life [6] - 18:10, 18:11, 34:7, 36:8, 36:18, 73:20 lifetime [1] - 37:1 light [2] - 16:11, 66:18 limit [1] - 97:21 Limit [1] - 9:9 limitation [1] - 45:21 limitations [2] - 17:12, 20:8 lines [2] - 74:1, 76:24 list [3] - 73:18, 75:7, 82:22 listed [8] - 12:3, 12:5, 12:8, 27:21, 65:3, 77:14, 83:21, 94:8 listening [2] - 31:4, 34:9 litany [1] - 34:9 literal [6] - 14:2, 14:20, 55:18, 83:23, 84:2, 93:11 litigation [1] - 74:7 live [2] - 33:17, 34:4 lived [3] - 29:22, 36:6, 36:8 LIVING [1] - 1:3 Living [4] - 2:4, 7:10, 25:14, 25:21 local [2] - 28:7, 52:15 locate [1] - 67:24 located [7] - 8:5, 12:10, 13:15, 17:24, 25:7, 32:19, 32:21 location [6] - 12:24, 62:8, 65:12, 67:20, 75:17, 75:23 long -term [1] - 35:13 look [11] - 24:4, 41:13, 44:12, 51:21, 51:22, 51:24, 53:15, 54:8, 73:16, 86:4, 100:16 looked [2] - 30:15, 78:6 looking [6] - 30:11, 30:13, 31:7, 31:15, 93:10 looks [1] - 4:6 lose [1] - 5:13 loss [1] - 38:4 love [2] - 34:14, 36:7 lower [1] - 66:1 Luft [2] - 2:18, 36:5 LUFT [6] - 3:7, 29:17, 35:19, 36:2, 36:4, 38:8 lumped [1] - 70:7 M Ma'am [1] - 38:5 Mabee [4] - 100:10, 100:15, 100:19, 100:20 machine [1] - 104:10 Madison [3] - 2:3, 45:7, 58:15 Main [2] - 1:15, 2:14 mains [1] - 74:1 maintain [1] - 72:13 maintained [1] - 61:14 maintaining [2] - 39:15, 72:8 maintenance [2] - 61:9, 77:19 Management [3] - 2:13, 7:6, 26:16 Betty K. Vande Boom , RPR 262-284-9868 8 management [2] - 40:8, 79:4 manufacturing [2] - 81:21, 82:7 map [3] - 11:23, 44:7, 44:9 maps [1] - 15:2 March [2] - 100:2, 100:5 Marjie [1] - 1:19 mark [30] - 9:6, 22:8, 22:9, 22:25, 23:3, 23:9, 24:9, 24:12, 24:13, 24:17, 25:5, 28:19, 28:22, 29:3, 41:22, 51:24, 52:1, 61:3, 62:25, 63:2, 69:10, 74:22, 79:10, 79:25, 90:24, 91:1, 91:6, 91:21, 95:21, 97:9 Mark [1] - 9:8 marked [5] - 4:3, 21:3, 42:2, 80:7, 80:24 market [1] - 60:11 materials [2] - 23:16, 25:25 matter [6] - 19:15, 25:1, 66:15, 71:12, 89:11, 101:1 Matthew [1] - 100:10 maximum [3] - 62:11, 68:21, 69:11 mean [10] - 31:13, 46:14, 52:8, 70:23, 81:20, 82:22, 86:5, 88:12, 95:9, 100:4 meaning [1] - 30:5 means [2] - 52:4, 85:3 mechanical [1] - 76:11 media [1] - 4:10 meet [10] - 51:16, 55:6, 56:3, 75:12, 77:9, 77:20, 91:10, 92:17, 92:24, 101:22 meeting [13] - 4:6, 4:9, 4:12, 4:15, 6:5, 7:1, 30:16, 37:12, 37:23, 39:25, 100:2, 102:4, 102:21 meets [2] - 13:24, 78:8 member [2] - 36:1, 101:14 MEMBERS [1] - 1:17 members [3] - 5:14, 6:21, 53:11 Members [1] - 25:16 memo [1] - 51:4 memory [1] - 52:11 mention [1] - 5:9 mentioned [3] - 23:5, 46:2, 74:15 mentions [1] - 50:12 merely [2] - 20:7, 40:20 met [5] - 5:9, 37:12, 55:15, 74:23, 92:6 might [4] - 31:20, 32:15, 69:2, 71:5 mill [6] - 29:23, 29:24, 30:2, 30:21, 33:2, 44:12 Mill [5] - 1:11, 7:25, 29:22, Page 40 of 67 35 of 41 sheets Page 9 to 9 of 15 1541 34:4, 34:17 mills [1] - 36:17 Milwaukee [5] - 2:11, 12:11, 42:17, 60:10, 67:6 mind [3] - 55:2, 83:17, 102:19 minimal [1] - 50:15 minimize [4] - 73:21, 73:22, 73:24, 74:2 Minimize [1] - 73:25 minimizing [1] - 18:8 minimum [3] - 22:7, 48:18, 63:1 minutes [3] - 58:10, 100:3, 101:2 miscellaneous [1] - 103:4 misconstrued [1] - 69:3 misinterpretation [3] - 55:10, 56:11, 98:13 misinterpreted [3] - 54:24, 56:5, 68:23 Miss [2] - 55:3, 57:5 miss [1] - 57:9 missed [1] - 69:2 mistake [3] - 57:20, 58:2, 58:3 mockup [1] - 81:22 modification [1] - 77:16 moment [1] - 79:25 money [1] - 34:16 monies [1] - 73:21 monstrosity [1] - 64:12 monstrously [1] - 48:23 months [7] - 10:25, 11:4, 11:16, 22:4, 40:10, 85:14, 87:16 moot [5] - 18:24, 94:12, 95:7, 95:10, 96:20 morning [6] - 4:8, 5:8, 5:15, 6:22, 42:9, 58:20 most [3] - 24:3, 35:10, 44:2 mostly [1] - 52:6 motion [38] - 87:22, 88:1, 89:7, 89:17, 89:23, 89:24, 90:6, 90:12, 90:14, 90:17, 90:22, 93:6, 95:22, 96:3, 96:13, 96:15, 96:22, 96:25, 97:8, 97:10, 97:11, 97:20, 97:22, 98:6, 98:11, 98:16, 98:20, 99:2, 99:5, 99:7, 99:18, 101:5, 102:3, 102:24, 103:3, 103:9, 103:10 motions [1] - 56:12 MOTIONS [1] - 3:15 move [12] - 40:24, 49:2, 49:23, 66:1, 80:8, 80:12, 80:13, 82:17, 90:11, 97:23, 101:4, 102:13 moved [9] - 49:18, 96:2, 96:7, 97:2, 97:14, 97:24, 99:10, 102:5, 102:6 moving [1] - 64:11 MR [205] - 3:3, 3:4, 3:5, 3:7, 3:8, 3:9, 3:9, 3:10, 3:10, 3:11, 3:11, 3:12, 3:13, 4:14, 5:5, 5:6, 5:18, 5:21, 5:22, 6:2, 6:7, 6:9, 6:12, 6:14, 6:16, 7:3, 7:4, 20:19, 20:21, 20:25, 21:4, 21:16, 28:13, 28:21, 29:2, 29:4, 29:11, 29:21, 30:11, 30:13, 30:16, 30:19, 30:20, 30:22, 30:23, 30:24, 30:25, 31:2, 31:3, 31:8, 31:9, 31:10, 31:12, 31:13, 31:15, 32:25, 33:5, 33:12, 33:15, 38:24, 39:1, 39:8, 39:9, 40:7, 41:2, 41:6, 41:12, 41:15, 41:18, 41:23, 42:4, 46:5, 46:7, 47:3, 47:9, 47:13, 47:17, 47:20, 47:24, 48:5, 48:8, 48:12, 48:15, 49:1, 49:5, 49:9, 49:12, 49:17, 50:5, 50:9, 50:11, 51:20, 52:9, 52:11, 52:18, 52:19, 52:25, 53:1, 53:4, 53:18, 53:21, 54:13, 54:16, 56:22, 57:2, 57:17, 58:2, 58:7, 68:11, 68:15, 69:7, 69:15, 69:21, 69:24, 70:2, 70:11, 70:14, 70:17, 75:1, 78:24, 79:12, 79:15, 79:20, 79:21, 80:1, 80:3, 80:4, 80:6, 81:13, 81:16, 81:25, 82:9, 82:12, 82:18, 82:20, 82:21, 83:4, 83:6, 83:8, 83:10, 83:13, 83:15, 83:17, 84:14, 84:17, 84:24, 88:3, 88:5, 88:10, 88:12, 88:15, 88:21, 90:1, 90:5, 90:11, 90:15, 90:22, 91:3, 91:11, 91:17, 92:12, 92:22, 93:14, 93:17, 93:25, 94:1, 94:6, 95:9, 95:15, 96:2, 96:5, 96:16, 96:22, 97:1, 97:11, 97:13, 97:23, 97:25, 98:8, 98:10, 98:15, 99:1, 99:7, 99:9, 99:20, 99:23, 100:4, 100:14, 100:18, 100:20, 100:23, 101:1, 101:4, 101:17, 102:5, 102:8, 102:10, 102:13, 102:14, 102:16, 102:20, 103:5, 103:8, 103:10, 103:11 MS [108] - 3:5, 3:6, 3:6, 3:7, 3:12, 3:13, 5:19, 5:25, 6:1, 6:3, 6:5, 6:10, 7:2, 21:1, 21:14, 28:11, 28:15, 29:17, 33:17, 34:22, 34:25, 35:19, 35:23, 36:2, 36:4, 38:8, 39:6, 39:13, 39:20, 39:21, 40:1, 40:3, 40:20, 41:8, 41:10, 41:13, 41:17, 41:21, 46:1, 46:6, 46:16, 46:24, 47:10, 47:23, 48:2, 48:7, 54:11, 54:15, 56:15, 57:7, 57:11, 57:15, 58:9, 58:13, 68:8, 69:5, 69:9, 69:18, 69:22, 70:1, 70:8, 70:12, 70:19, 79:10, 79:24, 80:8, 80:11, 80:12, 80:13, 80:17, 80:21, 80:25, 81:4, 81:8, 81:14, 81:20, 82:6, 82:11, 82:15, 83:1, 83:5, 83:7, 83:9, 83:12, 83:14, 85:5, 86:23, 87:1, 87:8, 87:10, 87:18, 87:24, 91:20, 92:2, 92:6, 92:9, 92:14, 92:19, 92:25, 93:3, 93:9, 94:13, 94:17, 94:23, 95:1, 95:4, 101:7, 102:7 multiple [3] - 1:6, 7:14, 53:12 municipality [1] - 52:16 museum [2] - 82:8, 82:10 mussels [1] - 60:10 must [6] - 14:12, 71:24, 76:14, 78:14, 85:21 N name [6] - 4:23, 29:14, 29:21, 34:3, 36:5, 58:13 named [1] - 45:6 names [1] - 6:23 Narveson [2] - 50:23, 50:25 NATHAN [1] - 2:10 Nathan [2] - 5:20, 21:7 National [3] - 27:22, 36:24, 42:20 national [2] - 43:2, 59:3 Natural [6] - 19:18, 19:24, 20:6, 20:9, 20:11, 25:17 natural [2] - 15:15, 18:11 nature [1] - 51:3 navigable [5] - 23:3, 23:9, 23:16, 45:21, 61:3 nay [2] - 54:2, 89:20 nbayer @crivellocarlson . com [1] - 2:11 nearby [4] - 14:6, 15:5, 17:23, 84:7 necessarily [1] - 71:9 necessary [3] - 28:5, 35:4, 66:25 need [19] - 22:10, 29:19, 37:19, 41:2, 41:16, 46:10, 47:11, 48:22, 49:14, 49:23, 53:15, 58:11, 64:2, 64:7, 76:6, 77:25, 90:6, 91:25, 93:8 needed [4] - 22:18, 36:21, 58:23, 79:9 needing [2] - 38:1, 60:7 Betty K. Vande Boom , RPR 262-284-9868 9 needs [4] - 43:14, 46:2, 46:3, 66:20 negligence [1] - 39:14 neighboring [2] - 66:14, 67:9 neighbors [1] - 4:10 never [2] - 34:17, 74:21 new [16] - 8:24, 9:11, 13:20, 17:15, 42:23, 43:13, 46:11, 47:25, 72:11, 72:14, 75:23, 76:17, 76:24, 77:16, 78:1, 101:15 news [1] - 34:6 next [4] - 28:8, 101:22, 102:4, 102:21 Nicholas [1] - 37:2 NO [1] - 3:16 nobody 's [1] - 84:22 nonconforming [31] - 8:5, 8:17, 8:19, 9:1, 9:15, 10:5, 10:19, 10:24, 11:2, 11:3, 11:13, 11:14, 11:16, 12:10, 13:14, 17:14, 17:15, 17:19, 20:1, 21:25, 25:3, 61:11, 61:16, 61:19, 61:21, 63:8, 71:23, 72:13, 85:19, 88:25 none [12] - 12:6, 53:9, 74:8, 90:17, 96:8, 97:3, 97:15, 98:2, 99:13, 99:21, 101:9, 103:5 nonuse [2] - 37:14, 60:7 north [1] - 49:22 North [2] - 7:22, 17:2 Northwest [1] - 45:17 Notary [3] - 1:24, 104:6, 104:16 note [1] - 32:7 noted [1] - 40:21 notes [2] - 68:16, 104:11 nothing [7] - 46:18, 46:24, 86:14, 86:20, 87:16, 88:19, 103:8 notice [1] - 29:25 notified [1] - 4:12 nowhere [1] - 74:15 NR [14] - 11:8, 12:14, 13:3, 59:13, 63:18, 63:22, 65:7, 65:10, 73:16, 77:10, 77:22, 78:11 number [5] - 7:24, 20:18, 54:10, 54:21, 83:8 numbers [2] - 69:1, 82:23 nuts [1] - 35:14 O objecting [1] - 84:22 objections [2] - 80:10, 80:11 objectives [2] - 78:22, 79:3 Page 41 of 67 Page 10 to 10 of 15 36 of 41 sheets observed [1] - 51:7 observing [1] - 34:22 obtain [3] - 10:16, 77:13, 77:17 obtained [1] - 10:18 obtaining [2] - 17:16, 28:2 obviously [2] - 30:3, 33:1 occurrence [1] - 74:2 occurring [1] - 74:6 occurs [1] - 85:19 October [3] - 9:21, 9:24, 51:19 OF [5] - 1:1, 1:1, 1:17, 4:1, 104:1 office [2] - 26:12, 101:25 officials [1] - 23:19 often [1] - 33:7 old [4] - 34:8, 38:18, 46:7, 52:12 older [1] - 33:21 once [2] - 49:24, 71:23 One [1] - 47:19 one [50] - 12:23, 19:6, 20:16, 21:15, 21:16, 26:20, 26:22, 27:7, 30:15, 36:16, 37:18, 38:7, 42:6, 47:17, 51:20, 53:12, 54:7, 54:22, 57:12, 60:25, 61:5, 61:7, 64:21, 64:22, 69:3, 69:9, 69:11, 69:12, 69:14, 75:13, 76:6, 76:22, 81:2, 82:19, 82:23, 83:20, 84:2, 84:12, 84:18, 85:7, 88:5, 91:24, 92:6, 94:8, 98:11, 98:16, 100:16, 100:21, 100:23 one -page [1] - 21:16 ones [1] - 73:19 onsite [3] - 4:8, 19:10, 19:12 Oostburg [2] - 48:14, 48:15 open [14] - 4:16, 6:3, 6:5, 18:9, 29:9, 29:13, 32:10, 39:25, 41:15, 41:18, 56:9, 67:16, 75:16, 75:22 opened [1] - 54:17 opinion [5] - 29:15, 31:20, 35:11, 57:22 opportunity [1] - 68:9 opposed [8] - 90:20, 96:11, 97:6, 97:18, 98:4, 99:16, 101:12, 103:1 opposition [1] - 37:12 options [1] - 85:4 order [6] - 4:6, 10:12, 41:6, 46:21, 64:13, 102:8 orderly [1] - 4:18 ordinance [53] - 10:8, 11:18, 11:21, 11:22, 11:23, 12:2, 13:10, 13:23, 14:3, 14:10, 14:18, 14:21, 14:25, 15:1, 15:16, 15:17, 15:20, 15:23, 16:5, 16:12, 17:4, 17:12, 18:7, 18:13, 19:5, 23:6, 24:23, 26:13, 26:14, 40:19, 55:18, 62:11, 64:5, 71:25, 72:11, 72:18, 73:14, 73:20, 74:12, 77:21, 77:22, 78:4, 78:12, 84:3, 84:12, 85:8, 85:21, 85:22, 85:25, 86:1, 88:8, 89:9, 93:12 Ordinance [16] - 11:6, 13:18, 20:14, 21:24, 23:4, 28:6, 40:12, 45:17, 51:18, 60:18, 61:7, 63:17, 75:19, 76:9, 76:24, 77:6 ordinance 's [1] - 73:17 Ordinances [4] - 28:5, 59:19, 60:15, 63:16 ordinances [14] - 12:18, 20:13, 36:20, 38:17, 38:20, 55:23, 59:12, 61:20, 62:9, 66:3, 66:19, 66:22, 67:12, 77:10 ordinary [22] - 9:5, 22:8, 22:9, 22:25, 23:2, 23:9, 24:9, 24:11, 24:17, 25:5, 28:22, 29:3, 51:24, 51:25, 61:2, 62:24, 63:2, 69:10, 74:22, 90:24, 95:21, 97:9 Ordinary [1] - 9:7 original [3] - 3:24, 40:16, 81:17 Original [1] - 3:25 originally [2] - 44:21, 62:16 Ostburger [1] - 48:13 otherwise [8] - 32:9, 32:15, 55:21, 55:22, 68:24, 71:14, 71:21, 72:4 outdoor [1] - 67:1 outlets [1] - 66:25 outlines [1] - 78:12 outside [9] - 21:8, 22:25, 24:1, 24:9, 24:14, 28:23, 49:7, 67:25, 71:16 override [1] - 88:12 oversees [1] - 79:17 own [5] - 34:16, 44:6, 44:21, 44:22, 57:22 owned [1] - 32:19 owner [1] - 16:20 owner 's [1] - 39:14 owners [4] - 4:11, 72:12, 74:8, 100:11 ownership [1] - 50:8 owns [1] - 44:13 OZAUKEE [3] - 1:1, 2:6, 104:2 Ozaukee [41] - 1:5, 1:15, 2:8, 2:12, 2:13, 3:19, 7:5, 7:8, 7:11, 8:11, 11:5, 13:17, 21:5, 21:24, 25:12, 25:15, 25:22, 28:3, 40:11, 45:7, 45:8, 51:17, 57:18, 57:22, 59:11, 59:19, 60:15, 60:18, 61:7, 62:14, 62:25, 63:6, 63:16, 66:22, 67:15, 75:18, 76:8, 76:23, 77:5, 88:22 P p.m [2] - 1:14, 103:16 P.O [1] - 2:3 packets [3] - 31:8, 58:19, 59:16 pad [1] - 76:6 PAGE [2] - 3:2, 3:16 page [15] - 11:1, 12:25, 13:11, 13:18, 18:2, 19:14, 21:15, 21:16, 45:5, 58:4, 83:5, 83:20, 84:1, 84:19, 85:9 pages [2] - 16:4, 65:8 painted [1] - 42:24 Palubiski [1] - 100:8 paperwork [1] - 29:9 paperwork 's [1] - 102:23 parameters [1] - 49:7 parcel [1] - 26:12 pardon [1] - 58:7 paren [1] - 76:22 parentheses [4] - 11:7, 11:10, 25:8, 25:9 park [2] - 37:7, 44:24 parked [1] - 44:11 part [13] - 1:9, 7:22, 12:3, 21:1, 29:5, 32:5, 36:12, 40:24, 44:21, 47:21, 53:2, 80:16, 80:22 particular [3] - 16:7, 53:23, 66:15 parts [1] - 18:22 pass [2] - 41:2, 72:10 pattern [2] - 78:21, 79:3 patterned [2] - 12:14, 73:17 Paul [3] - 2:17, 29:21, 45:6 pay [1] - 53:6 pearl [2] - 60:11, 60:13 people [6] - 35:23, 41:7, 44:16, 67:1, 82:2, 82:13 per [4] - 63:18, 77:4, 81:2, 91:7 percent [3] - 23:12, 23:14, 23:15 performing [1] - 89:1 perhaps [2] - 31:18, 55:3 permanent [3] - 42:18, 51:8, 52:22 permissible [7] - 40:4, 46:8, 50:15, 71:21, 86:3, 86:16, 86:19 Betty K. Vande Boom , RPR 262-284-9868 10 permission [2] - 9:15, 49:14 permit [55] - 7:19, 8:4, 9:14, 9:18, 10:1, 10:18, 12:5, 12:8, 12:22, 15:24, 18:17, 18:18, 19:2, 19:7, 19:17, 19:23, 20:13, 21:12, 22:22, 22:23, 24:6, 24:7, 25:19, 26:3, 26:24, 39:16, 42:25, 45:12, 50:18, 51:13, 51:14, 52:20, 59:21, 63:9, 63:23, 63:24, 64:1, 64:2, 64:20, 64:25, 65:2, 68:24, 69:17, 70:8, 82:25, 92:21, 98:16, 98:17, 98:22, 98:23, 99:3, 99:6, 99:12 Permit [1] - 1:8 permits [4] - 51:8, 58:23, 60:4, 65:5 permittable [3] - 72:5, 75:24, 76:16 permitted [16] - 11:25, 12:6, 12:20, 13:17, 15:18, 16:20, 17:4, 52:15, 65:10, 66:9, 66:22, 72:2, 75:15, 75:21, 81:18, 94:20 permitting [5] - 12:13, 13:20, 27:15, 28:5, 77:25 person [3] - 5:1, 26:2, 47:17 personal [1] - 57:22 Philip [1] - 1:18 photo [1] - 42:10 picture [1] - 37:1 piles [1] - 46:10 place [4] - 26:1, 37:24, 38:3, 62:8 PLACE [1] - 1:15 placed [4] - 61:12, 76:6, 76:10, 76:14 Places [3] - 27:22, 36:24, 42:21 placing [1] - 61:1 plan [7] - 1:7, 7:15, 8:16, 8:25, 30:1, 43:22, 43:24 Plankinton [1] - 2:10 Planning [1] - 16:23 plans [1] - 34:15 plastic [2] - 51:3, 60:12 plus [1] - 91:24 point [15] - 32:3, 33:14, 41:20, 42:5, 42:6, 44:25, 51:20, 54:7, 55:25, 57:21, 80:20, 86:21, 88:5, 96:21, 102:8 Point [2] - 100:7, 100:21 pollution [2] - 18:8, 74:12 porch [1] - 43:10 Port [5] - 1:16, 2:7, 2:14, 36:9, 100:7 Page 42 of 67 37 of 41 sheets Page 11 to 11 of 15 1541 portion [3] - 31:19, 32:1, 32:11 portions [1] - 24:24 position [4] - 53:22, 71:11, 73:6, 98:21 possibility [3] - 78:18, 78:19, 78:25 possible [3] - 13:8, 65:1, 67:3 possibly [1] - 38:16 poster [2] - 41:21, 41:24 potable [2] - 77:17, 80:15 potential [2] - 39:12, 50:1 potentially [1] - 80:2 power [3] - 36:21, 42:11, 59:21 powers [1] - 45:22 POWTS [2] - 19:13, 19:16 practical [2] - 16:15, 67:24 prefer [1] - 6:3 premises [1] - 66:13 prepared [1] - 57:10 present [2] - 5:15, 5:16 PRESENT [1] - 2:17 presentation [3] - 41:1, 53:10, 91:7 presented [3] - 3:22, 8:16, 8:25 presenter [1] - 53:9 preservation [2] - 14:16, 18:15 Preservation [1] - 14:16 preserving [3] - 18:9, 18:11, 68:4 pretty [1] - 34:18 prevent [5] - 16:19, 45:22, 50:16, 66:8, 74:5 preventing [3] - 18:9, 18:12, 35:14 previous [1] - 75:2 previously [2] - 13:7, 51:23 prices [1] - 17:11 primary [1] - 18:13 private [7] - 19:10, 19:12, 31:6, 37:23, 77:7, 77:13, 77:21 problem [3] - 6:16, 34:19, 85:11 problems [1] - 85:8 proceed [1] - 58:9 PROCEEDINGS [1] - 4:1 proceedings [1] - 103:15 process [1] - 28:9 professional [1] - 43:25 Professional [2] - 1:24, 104:6 prohibit [5] - 22:12, 61:22, 62:2, 63:13, 72:8 prohibited [11] - 11:20, 12:3, 14:23, 14:25, 15:19, 15:20, 40:17, 61:3, 77:12, 85:25, 86:7 prohibiting [1] - 13:10 prohibition [2] - 13:1, 13:19 prohibitions [2] - 13:13, 32:22 prohibits [3] - 11:19, 61:25, 85:22 project [5] - 27:14, 27:18, 27:23, 28:3, 48:6 projects [1] - 73:22 promote [8] - 18:14, 18:15, 35:16, 45:20, 67:2, 67:13, 67:18 promoting [1] - 74:16 proof [1] - 50:8 proper [1] - 54:1 properly [1] - 25:3 properties [7] - 15:5, 17:24, 18:1, 44:13, 67:10, 72:18, 76:14 property [57] - 4:11, 5:12, 7:21, 8:2, 8:6, 8:10, 11:4, 11:14, 14:5, 14:6, 15:4, 15:10, 15:14, 16:7, 16:20, 17:3, 17:8, 17:10, 17:18, 17:23, 18:12, 24:4, 30:21, 39:14, 39:15, 40:5, 44:22, 44:24, 50:17, 51:7, 55:20, 59:6, 65:18, 65:19, 65:25, 66:9, 66:12, 70:24, 71:4, 71:6, 71:15, 71:22, 72:12, 72:22, 72:23, 72:25, 73:3, 73:5, 73:21, 74:17, 77:3, 84:6, 84:7, 85:20, 85:25, 86:3, 100:15 Property [3] - 1:9, 25:14, 25:21 proposal [7] - 12:7, 18:3, 20:2, 20:6, 20:8, 33:8, 51:13 proposed [1] - 26:10 proposing [3] - 17:3, 51:15, 86:9 prospective [1] - 19:10 protect [7] - 15:16, 45:20, 73:20, 74:12, 74:13, 74:14 protected [1] - 73:11 protecting [2] - 18:10, 18:11 protection [2] - 76:13, 76:15 provide [3] - 25:17, 66:25, 73:18 provided [4] - 4:25, 25:24, 77:8, 79:8 provides [2] - 11:24, 60:25 providing [2] - 9:20, 26:1 proving [1] - 78:8 provision [4] - 11:10, 72:10, 72:15, 84:3 provisions [7] - 12:12, 12:19, 14:2, 19:4, 26:14, 59:13, 93:12 public [62] - 4:11, 4:16, 5:2, 6:7, 14:8, 15:14, 18:4, 18:5, 18:14, 18:15, 25:25, 26:2, 29:9, 29:13, 31:19, 32:4, 32:10, 35:24, 39:24, 40:4, 44:3, 44:5, 44:15, 44:18, 44:24, 45:9, 45:11, 45:16, 45:18, 45:20, 45:23, 55:21, 57:19, 57:23, 57:24, 59:22, 62:21, 65:14, 65:16, 66:23, 67:2, 67:5, 67:13, 67:16, 67:17, 67:18, 67:19, 73:7, 73:10, 73:14, 73:21, 73:24, 73:25, 74:13, 74:16, 77:6, 77:13, 84:10, 89:1 Public [5] - 1:24, 21:6, 58:15, 104:6, 104:16 PUBLIC [3] - 2:2, 3:4, 3:8 punch [1] - 42:11 purchase [2] - 17:14, 42:19 purchased [3] - 8:9, 42:13, 72:22 purpose [18] - 14:10, 16:21, 18:6, 18:7, 18:13, 22:4, 31:18, 59:2, 66:9, 66:18, 67:12, 72:3, 72:5, 73:10, 74:16, 84:11, 94:20, 95:3 purposes [11] - 10:25, 14:18, 16:11, 17:4, 29:7, 32:19, 32:20, 68:4, 73:18, 74:8, 74:11 pursuant [2] - 10:8, 11:6 pursue [1] - 67:1 pursuit [1] - 34:7 put [12] - 6:23, 42:23, 43:10, 43:13, 46:11, 48:21, 49:15, 50:21, 52:22, 87:12, 93:23, 101:21 putting [4] - 6:10, 6:12, 6:19, 86:6 Q qualify [1] - 75:14 Quarter [2] - 7:23 QUESTIONS [1] - 3:14 questions [23] - 32:1, 40:24, 45:25, 48:8, 49:4, 50:2, 52:13, 53:7, 53:8, 54:18, 56:10, 57:1, 75:5, 75:7, 75:12, 78:6, 79:18, 81:6, 81:7, 82:16, 89:25, 91:10, 91:19 quick [2] - 49:2, 49:23 quickly [1] - 82:22 quote [15] - 45:5, 60:18, Betty K. Vande Boom , RPR 262-284-9868 11 60:21, 61:1, 61:4, 61:9, 61:17, 63:1, 63:3, 63:17, 64:1, 67:13, 67:15, 72:7, 75:11 quoted [1] - 73:19 quoting [4] - 45:7, 45:15, 57:21, 73:13 R R21E [1] - 1:9 rafting [1] - 67:22 rafts [1] - 67:23 raise [8] - 43:12, 46:22, 47:7, 47:13, 47:21, 48:18, 64:7, 64:13 raised [3] - 43:11, 46:2, 46:10 raising [1] - 64:15 Range [1] - 7:22 rather [2] - 20:4, 35:19 Rathkopf [1] - 16:22 re [2] - 38:17, 38:20 re-visit [1] - 38:20 re-visiting [1] - 38:17 read [12] - 5:3, 20:23, 20:24, 45:3, 47:11, 54:9, 54:19, 65:1, 70:22, 79:11, 79:22, 88:21 reading [3] - 12:18, 28:16, 58:4 ready [1] - 80:23 real [3] - 73:6, 82:22, 99:25 realistic [1] - 38:12 realize [1] - 41:10 really [8] - 29:25, 35:2, 35:9, 44:25, 46:16, 86:22, 88:13, 94:21 reason [3] - 18:25, 19:7, 95:10 reasonable [5] - 59:5, 65:18, 65:24, 73:3, 81:10 reasons [3] - 9:20, 18:19, 35:7 rebar [1] - 46:13 rebuild [1] - 45:13 rebuilt [2] - 42:23, 61:15 rebuttal [4] - 50:6, 52:9, 68:9, 70:16 receive [2] - 64:18, 64:24 received [2] - 24:2, 58:19 recognize [1] - 6:17 recognized [1] - 4:18 recommendation [2] - 56:23, 70:3 reconstruct [2] - 8:16 reconvening [1] - 4:9 record [26] - 6:11, 6:13, 6:19, 6:25, 21:2, 35:22, 42:1, 54:1, 54:4, 57:12, 57:14, Page 43 of 67 Page 12 to 12 of 15 38 of 41 sheets 57:16, 68:13, 70:2, 70:22, 79:12, 80:9, 80:14, 83:24, 88:2, 89:10, 89:13, 95:12, 99:23, 99:24, 104:9 recorded [1] - 5:2 recreate [2] - 45:10, 57:24 recreation [2] - 18:14, 73:12 recreational [4] - 74:9, 74:17, 77:7, 77:8 reduced [1] - 8:21 reduction [1] - 8:14 refer [1] - 39:5 reference [2] - 12:9, 79:13 refers [1] - 90:25 reflected [1] - 104:10 regarding [9] - 24:21, 25:11, 25:18, 26:10, 26:19, 28:7, 50:6, 75:6, 78:5 regards [2] - 27:1, 100:5 regional [2] - 74:5, 76:7 Register [3] - 27:22, 36:24, 42:21 register [1] - 43:3 Registered [2] - 1:23, 104:5 registries [1] - 59:4 registry [1] - 40:22 regular [1] - 99:22 regulate [1] - 20:10 regulated [3] - 25:3, 25:6, 26:12 regulates [2] - 12:16, 23:3 regulation [2] - 29:7, 71:3 regulations [3] - 19:13, 66:21, 71:2 regulatory [1] - 28:7 reject [1] - 82:19 rejected [1] - 96:21 relate [1] - 7:20 related [5] - 19:9, 22:6, 32:8, 60:20, 87:4 relating [2] - 68:21, 69:3 Relevant [1] - 20:2 relevant [4] - 8:8, 12:3, 12:7, 80:18 relief [1] - 73:23 remain [2] - 33:24, 102:10 remains [1] - 76:2 remember [4] - 4:21, 71:2, 87:3, 100:15 remind [2] - 57:7, 94:19 remodeled [1] - 61:15 remodeling [5] - 22:13, 62:3, 63:14, 72:8 removal [1] - 37:6 removing [1] - 23:16 render [1] - 16:21 rent [1] - 44:6 repair [6] - 22:13, 61:10, 62:2, 62:3, 63:14, 77:18 repaired [1] - 61:14 repeat [2] - 47:24, 78:25 repeatedly [2] - 17:13, 19:22 replaced [3] - 43:15, 60:13, 61:14 replacement [2] - 61:10, 77:18 replica [1] - 82:7 report [14] - 3:17, 5:4, 7:7, 26:8, 70:21, 73:13, 75:3, 83:2, 83:3, 83:20, 84:2, 84:20, 85:9 Reported [1] - 1:23 reporter [2] - 4:21, 6:24 Reporter [2] - 1:24, 104:6 REPORTER [2] - 36:3, 78:23 reporter 's [1] - 101:2 reports [1] - 26:6 represents [1] - 26:9 repurpose [4] - 58:16, 58:23, 61:8, 68:2 repurposing [1] - 61:23 request [22] - 1:8, 7:14, 7:18, 10:21, 10:23, 13:22, 24:20, 31:22, 54:5, 54:25, 55:16, 56:6, 69:4, 83:25, 85:9, 90:3, 90:4, 90:7, 95:11, 95:22, 100:6, 100:9 requested [8] - 14:15, 19:2, 56:3, 59:17, 64:19, 68:1, 71:17, 84:16 requesting [4] - 8:24, 9:14, 55:6, 85:6 requests [11] - 1:6, 16:3, 53:13, 54:3, 54:9, 54:21, 55:5, 68:19, 68:20, 69:1, 83:21 require [6] - 11:22, 15:1, 26:23, 27:25, 40:18, 60:4 required [26] - 12:5, 21:22, 22:17, 22:21, 22:24, 24:5, 24:8, 28:8, 46:25, 58:25, 59:2, 60:6, 60:9, 61:5, 61:6, 61:13, 62:6, 63:11, 63:24, 63:25, 65:2, 65:4, 68:24, 70:9, 70:12, 79:7 requirement [9] - 8:15, 10:12, 62:24, 63:21, 64:4, 69:13, 69:16, 74:21, 96:14 requirements [10] - 27:18, 27:21, 28:8, 37:12, 51:17, 64:8, 68:22, 77:9, 77:20, 78:9 requires [8] - 13:23, 18:5, 28:19, 40:10, 50:18, 55:16, 61:7, 91:4 requiring [3] - 12:5, 12:8, 63:9 rescue [1] - 73:22 research [1] - 44:23 reservation [1] - 48:6 residence [2] - 8:20, 37:23 resigned [1] - 101:18 Resources [6] - 19:19, 19:25, 20:7, 20:10, 20:11, 25:18 resources [1] - 15:15 respect [4] - 55:13, 70:20, 71:19, 73:15 respective [1] - 28:9 respectively [2] - 12:14, 12:18 respond [4] - 56:7, 56:18, 68:9, 70:19 responded [15] - 23:23, 26:22, 27:2, 27:3, 75:9, 75:11, 90:19, 96:10, 97:5, 97:17, 98:3, 99:15, 101:11, 102:25, 103:14 response [18] - 24:19, 24:20, 24:24, 70:4, 75:20, 76:9, 76:24, 78:1, 78:2, 79:22, 90:21, 96:12, 97:7, 97:19, 98:5, 99:17, 101:13, 103:2 responses [1] - 28:16 rest [2] - 94:11, 95:7 restore [3] - 40:15, 73:4, 87:2 restored [2] - 38:13, 61:15 restores [2] - 40:15, 81:17 restoring [2] - 34:8, 37:11 restrictions [6] - 16:9, 16:18, 16:22, 66:18, 71:7, 72:25 result [6] - 14:3, 14:21, 55:18, 74:7, 84:3, 93:12 returned [1] - 5:15 Retzer [2] - 2:17, 33:17 RETZER [2] - 3:5, 33:17 reverse [1] - 58:21 review [5] - 19:15, 50:10, 78:21, 79:2, 89:12 reviewed [4] - 26:3, 26:6, 27:14, 43:22 revitalize [1] - 38:19 Rezabek [10] - 3:19, 23:19, 24:19, 26:15, 26:21, 27:2, 27:7, 27:12, 75:8, 82:3 rgorden @co.ozaukee .wi. us [1] - 2:8 Rhodes [1] - 100:8 RHONDA [1] - 2:6 Rick [4] - 2:18, 39:1, 101:23, 102:22 rick [1] - 39:8 rights [4] - 15:13, 45:21, Betty K. Vande Boom , RPR 262-284-9868 12 45:23 river [13] - 17:25, 18:5, 36:15, 42:12, 43:18, 43:20, 44:6, 44:17, 44:18, 45:12, 52:4, 73:11 River [3] - 12:11, 60:11, 67:6 road [4] - 30:24, 34:17, 43:9, 44:11 Road [1] - 100:7 roads [1] - 36:15 Robert [1] - 1:18 rodded [1] - 42:23 role [2] - 53:25, 54:3 roof [9] - 42:18, 50:12, 50:21, 50:24, 51:2, 51:8, 52:16, 52:22, 53:6 Room [1] - 1:15 room [3] - 5:24, 37:23, 46:22 Rory [1] - 100:8 RPR [1] - 104:15 run [1] - 80:2 runoff [1] - 18:10 runs [1] - 91:6 S S.C [1] - 2:9 sad [1] - 43:2 safe [1] - 35:8 safety [2] - 30:3, 67:14 sale [1] - 17:10 Sanitation [2] - 2:13, 7:4 save [1] - 36:23 saw [2] - 30:4, 48:20 scenic [1] - 64:16 schedule [1] - 4:13 school [1] - 38:4 SE [1] - 1:9 second [28] - 9:22, 51:10, 55:8, 57:12, 60:24, 69:9, 78:2, 90:13, 90:15, 96:4, 96:5, 96:7, 96:24, 97:1, 97:12, 97:13, 97:15, 97:25, 99:8, 99:9, 99:11, 101:6, 101:7, 101:8, 102:6, 102:7, 103:11 seconded [1] - 97:3 secondly [1] - 26:24 Section [24] - 1:10, 7:23, 10:8, 11:18, 12:1, 12:4, 14:10, 14:18, 15:2, 27:16, 59:20, 60:15, 60:25, 61:24, 62:1, 62:15, 63:6, 63:7, 63:17, 67:15, 77:5, 77:15 section [8] - 27:16, 62:25, 75:17, 76:8, 76:22, 77:12, 77:24, 77:25 see [20] - 11:7, 30:25, 33:7, Page 44 of 67 39 of 41 sheets Page 13 to 13 of 15 1541 33:21, 34:14, 34:18, 35:2, 35:7, 41:7, 41:19, 43:2, 43:4, 51:25, 54:20, 69:7, 79:5, 83:4, 94:8, 95:11 seek [1] - 62:14 seeking [4] - 8:14, 17:17, 60:1 seeks [1] - 15:21 self [5] - 15:6, 15:11, 16:8, 17:8, 42:22 self-created [4] - 15:6, 15:11, 16:8, 17:8 self-employed [1] - 42:22 sense [4] - 89:20, 93:1, 94:22, 95:25 sent [12] - 21:7, 23:22, 23:23, 26:20, 27:7, 27:12, 50:14, 50:19, 50:25, 51:4, 53:14, 75:7 sentence [1] - 88:22 separately [2] - 70:6, 84:18 September [8] - 1:6, 1:8, 7:13, 7:18, 8:12, 9:10, 9:13, 9:17 sequence [1] - 83:18 serve [4] - 62:21, 65:15, 66:23, 68:4 service [1] - 101:15 set [3] - 7:3, 14:10, 14:18 setback [18] - 8:15, 8:22, 22:6, 22:7, 22:11, 61:14, 62:23, 63:1, 63:20, 63:21, 68:22, 69:13, 74:18, 74:20, 74:21, 93:8, 95:22, 97:9 Setback [1] - 9:7 setbacks [4] - 16:10, 16:18, 36:20, 66:7 settle [1] - 43:17 settled [1] - 34:18 setup [1] - 82:10 several [6] - 8:3, 8:7, 15:21, 24:15, 75:5, 79:17 sewage [1] - 77:21 sewer [1] - 76:24 sewers [1] - 74:1 shaking [1] - 48:3 shall [9] - 11:5, 11:24, 60:19, 60:20, 63:1, 63:25, 77:17, 77:20, 88:24 sheet [1] - 4:20 sheets [1] - 20:18 shells [1] - 42:12 Shelly [1] - 100:10 shelter [1] - 46:12 SHERIDAN [42] - 1:3, 2:16, 3:9, 3:10, 3:11, 5:21, 6:7, 6:14, 29:2, 31:9, 31:12, 41:2, 41:6, 41:15, 41:18, 41:23, 42:4, 46:5, 46:7, 47:3, 47:9, 47:13, 47:20, 47:24, 48:5, 48:8, 48:12, 48:15, 49:1, 49:5, 49:9, 49:12, 49:17, 50:9, 51:20, 52:11, 52:18, 52:25, 53:4, 57:17, 58:2, 58:7 Sheridan [68] - 1:3, 2:4, 2:5, 7:10, 7:11, 8:3, 8:9, 8:14, 8:15, 8:23, 9:13, 9:21, 9:24, 10:22, 12:22, 13:5, 13:9, 13:16, 13:24, 15:20, 16:1, 17:3, 17:6, 17:9, 17:17, 17:21, 17:25, 18:3, 19:11, 19:16, 19:22, 20:5, 21:20, 25:14, 25:21, 26:10, 26:24, 27:4, 27:11, 27:12, 27:13, 36:22, 37:10, 40:14, 42:8, 50:12, 50:14, 50:17, 50:19, 51:1, 51:10, 57:3, 57:12, 58:16, 58:22, 59:5, 59:25, 60:24, 61:22, 62:19, 63:4, 65:17, 66:8, 66:17, 68:2, 75:3, 80:14, 85:16 Sheridan 's [6] - 8:21, 10:15, 12:7, 20:2, 21:10, 24:2 sheriff [1] - 17:10 sheriff 's [1] - 72:21 Sheriff 's [1] - 8:10 Shoreland [11] - 1:8, 11:6, 19:4, 26:15, 28:4, 40:12, 51:17, 75:18, 76:9, 76:23, 77:5 shoreland [57] - 7:19, 8:4, 8:15, 9:14, 9:18, 9:25, 10:18, 12:5, 12:8, 17:11, 18:17, 18:18, 19:2, 19:23, 20:10, 20:13, 21:12, 22:22, 22:23, 23:1, 24:6, 24:7, 24:10, 24:22, 25:4, 26:13, 28:18, 28:19, 28:24, 29:5, 51:13, 51:14, 55:10, 55:23, 61:13, 63:20, 63:23, 64:20, 64:24, 65:2, 65:4, 68:24, 69:17, 70:8, 71:7, 71:12, 72:24, 73:15, 82:3, 82:24, 98:15, 98:17, 99:3, 99:5, 99:11 shoreline [1] - 18:16 short [1] - 99:25 shorten [1] - 66:2 shorthand [1] - 104:10 shout [2] - 5:23 shown [3] - 42:9, 44:25, 64:17 shows [1] - 43:5 shut [2] - 5:25, 6:6 side [4] - 24:17, 43:6, 43:7, 43:8 sided [1] - 53:2 siding [1] - 42:23 signed [2] - 4:20, 29:14 significance [1] - 68:3 similar [3] - 18:1, 51:3, 73:18 similarly [1] - 16:13 simply [1] - 82:22 sincerely [2] - 26:15, 42:24 sit [2] - 36:3, 39:19 Site [1] - 1:11 site [4] - 5:10, 5:11, 6:20, 7:24 sitting [1] - 36:2 situation [2] - 38:2, 67:4 situations [1] - 18:1 six [1] - 31:17 slate [1] - 102:22 slightly [1] - 73:19 slopes [3] - 23:11, 23:13, 23:15 slow [1] - 78:23 small [3] - 34:1, 36:17, 44:19 Snyder [1] - 16:25 Society [1] - 76:3 solely [2] - 60:19, 87:4 someone [1] - 101:21 somewhat [1] - 30:4 sorry [12] - 6:14, 35:9, 39:6, 39:20, 47:3, 48:15, 49:5, 51:11, 78:19, 78:24, 81:13 sort [7] - 32:11, 72:8, 72:19, 73:7, 73:12, 86:12, 93:3 sought [1] - 63:4 sound [2] - 35:15, 79:3 Southeast [1] - 7:22 Southwest [1] - 7:23 sovereign [1] - 45:14 space [3] - 18:9, 75:16, 75:22 speaking [3] - 5:20, 35:24, 39:18 special [4] - 16:6, 65:19, 65:20, 66:16 specialist [1] - 54:23 Specialist [3] - 2:13, 7:5, 26:16 specific [8] - 13:1, 13:13, 31:25, 54:21, 55:17, 55:24, 56:16, 78:12 specifically [9] - 11:23, 12:1, 18:20, 27:19, 30:18, 32:8, 55:5, 56:2, 94:18 specify [1] - 30:14 spoken [1] - 56:18 Spring [1] - 2:7 Square [1] - 9:6 square [11] - 23:11, 23:13, 62:11, 62:12, 62:13, 62:17, 62:19, 68:21, 69:11, 96:14, 96:23 Betty K. Vande Boom , RPR 262-284-9868 13 SS [1] - 104:1 stable [2] - 35:3, 35:10 staff [12] - 5:3, 7:7, 26:6, 26:8, 70:21, 73:13, 83:2, 83:3, 83:20, 84:2, 84:20, 85:9 Staff [1] - 3:17 stand [5] - 29:14, 36:4, 45:11, 47:6, 62:16 standards [8] - 10:7, 13:6, 16:9, 24:22, 63:20, 78:15, 78:20, 79:1 standed [1] - 37:9 start [3] - 84:21, 84:22, 87:7 started [1] - 75:4 STATE [2] - 1:1, 104:1 State [8] - 59:14, 61:24, 62:1, 63:12, 65:7, 78:10, 104:7, 104:16 state [9] - 24:6, 29:14, 33:2, 45:14, 45:19, 59:4, 59:12, 72:11 statement [4] - 12:25, 13:12, 13:19, 88:7 states [11] - 10:22, 12:22, 13:9, 13:16, 15:17, 16:1, 17:25, 63:17, 77:6, 77:16, 78:5 status [7] - 40:14, 81:16, 87:4, 87:5, 91:15, 92:13, 92:15 Statute [5] - 19:20, 20:15, 59:14, 62:1, 63:12 Statutes [8] - 11:8, 20:4, 22:12, 27:19, 28:1, 61:24, 78:10 statutory [1] - 78:8 steel [2] - 46:13, 48:21 Steinke [1] - 1:18 STEINKE [160] - 3:3, 3:14, 4:5, 4:15, 5:17, 20:16, 20:20, 20:24, 29:8, 29:12, 29:16, 29:19, 30:8, 31:7, 32:17, 33:3, 33:10, 33:13, 33:16, 34:21, 34:24, 35:18, 38:5, 38:22, 38:25, 39:4, 39:23, 40:2, 40:6, 40:23, 41:4, 41:9, 42:3, 45:25, 46:18, 47:2, 47:5, 47:15, 47:19, 48:9, 48:14, 48:24, 49:3, 49:6, 49:11, 49:13, 50:2, 52:14, 53:8, 53:20, 56:20, 56:25, 57:9, 57:13, 58:1, 58:5, 58:8, 58:12, 68:10, 68:14, 70:15, 74:24, 80:19, 80:22, 81:1, 81:5, 82:16, 84:15, 84:19, 84:25, 86:20, 86:24, 87:5, 87:9, 87:12, 87:20, 87:25, 88:4, 88:9, 88:11, 88:14, 88:17, 89:19, 90:2, 90:6, Page 45 of 67 Page 14 to 14 of 15 40 of 41 sheets 90:13, 90:16, 90:20, 90:22, 91:4, 91:14, 91:18, 91:23, 92:4, 92:8, 92:10, 92:15, 92:20, 92:23, 93:1, 93:5, 93:16, 93:21, 94:1, 94:7, 94:15, 94:21, 94:25, 95:2, 95:5, 95:14, 95:16, 96:3, 96:7, 96:11, 96:13, 96:18, 96:24, 97:2, 97:6, 97:8, 97:12, 97:14, 97:18, 97:20, 97:24, 98:1, 98:4, 98:6, 98:9, 98:14, 98:19, 99:4, 99:8, 99:10, 99:16, 99:18, 99:21, 99:25, 100:12, 100:17, 100:19, 100:22, 100:25, 101:3, 101:5, 101:8, 101:12, 101:14, 102:2, 102:6, 102:9, 102:12, 102:18, 102:21, 103:1, 103:3, 103:6, 103:9, 103:12 step [1] - 35:24 steps [2] - 28:8, 38:16 Stern [6] - 23:20, 26:16, 75:8, 75:10, 79:16, 82:2 Steve [2] - 50:25, 101:17 Steven [1] - 50:23 stick [1] - 38:7 still [9] - 13:5, 28:19, 36:10, 49:13, 71:7, 78:3, 91:20, 95:12, 101:24 stop [2] - 47:16, 81:24 storage [2] - 60:19, 60:22 straight [2] - 49:17, 49:19 Street [8] - 1:11, 1:15, 2:7, 2:14, 7:25, 29:22, 34:4, 34:17 streets [1] - 74:2 strict [3] - 16:8, 16:17, 66:6 strong [1] - 48:23 structural [1] - 12:20 Structural [1] - 9:8 structure [58] - 8:5, 8:17, 8:20, 9:1, 9:5, 9:15, 10:19, 10:24, 11:3, 11:5, 11:15, 12:10, 12:23, 13:14, 17:19, 20:1, 22:14, 25:3, 25:5, 25:6, 35:16, 35:17, 40:8, 40:22, 46:9, 50:22, 51:2, 51:16, 61:11, 61:17, 61:19, 61:21, 62:4, 65:22, 67:24, 71:9, 71:13, 71:23, 72:1, 72:9, 75:15, 75:17, 75:21, 76:2, 76:4, 85:13, 85:19, 85:21, 86:2, 86:6, 86:7, 86:8, 90:23, 91:1, 91:5, 95:20, 97:21 structures [13] - 11:24, 13:2, 13:20, 15:24, 17:15, 27:21, 61:11, 63:8, 63:18, 63:19, 63:24, 72:14, 76:10 stuff [2] - 26:20, 102:16 sub [1] - 9:4 subject [3] - 17:11, 51:22, 72:24 submitted [9] - 8:23, 9:14, 9:22, 9:25, 23:18, 26:25, 50:7, 51:12, 75:4 subsection [1] - 62:14 subsequent [1] - 8:11 subsequently [1] - 10:18 substitute [14] - 11:17, 60:8, 60:14, 85:6, 86:12, 86:15, 86:21, 86:25, 87:14, 87:15, 87:16, 87:21, 88:20, 90:8 Substitution [1] - 9:3 substitution [28] - 10:4, 10:16, 10:21, 21:23, 54:25, 55:12, 56:6, 56:12, 59:18, 59:21, 60:5, 68:20, 69:4, 69:6, 70:23, 83:7, 84:20, 84:22, 85:3, 85:10, 86:19, 89:4, 89:18, 90:4, 94:3, 94:14, 94:16, 96:21 substitutions [3] - 11:12, 88:23, 88:25 suddenly [1] - 72:12 suffer [1] - 16:2 suggest [2] - 54:16, 98:10 suggestion [7] - 31:16, 31:24, 32:13, 32:14, 55:25, 56:14, 81:2 suggests [1] - 18:19 Suite [2] - 2:7, 2:10 Sullivan [10] - 3:20, 3:20, 3:21, 3:23, 3:25, 4:10, 7:4, 40:3, 40:7, 56:9 SULLIVAN [56] - 2:13, 3:4, 3:8, 3:9, 3:10, 3:13, 4:14, 5:5, 7:4, 20:19, 20:21, 20:25, 21:4, 21:16, 28:13, 28:21, 29:4, 29:11, 31:8, 31:10, 40:7, 41:12, 47:17, 50:5, 50:11, 52:9, 52:19, 53:1, 70:17, 75:1, 78:24, 79:15, 79:21, 80:3, 80:6, 81:13, 81:16, 81:25, 82:9, 82:12, 82:20, 83:17, 83:25, 84:17, 91:3, 92:12, 92:22, 99:23, 100:4, 100:14, 100:20, 100:23, 101:1, 101:17, 103:5, 103:8 summarize [2] - 24:23, 59:16 summary [1] - 68:1 summer [1] - 37:23 supplements [1] - 21:17 supplied [1] - 3:25 support [1] - 34:19 supporting [1] - 98:21 supports [1] - 20:11 Supreme [1] - 16:13 survey [5] - 23:20, 24:3, 31:11, 51:23, 51:25 survey 's [1] - 31:8 survived [4] - 36:25, 37:5, 37:8, 38:14 SW [1] - 1:10 swear [1] - 32:2 system [1] - 77:21 T T12N [1] - 1:9 table [3] - 101:22, 102:3, 102:24 tarp [1] - 51:3 Tax [1] - 1:10 tax [3] - 7:24, 8:11, 20:17 technical [1] - 24:21 technically [1] - 98:12 temporary [2] - 49:10, 51:2 ten [2] - 47:11, 58:10 term [1] - 35:13 terms [7] - 47:1, 73:7, 85:8, 86:17, 87:12, 101:14, 101:15 terrible [1] - 43:14 test [1] - 37:9 testimony [1] - 56:9 THE [2] - 36:3, 78:23 therefore [5] - 22:5, 24:16, 28:23, 29:6, 91:7 thick [1] - 46:13 thinking [1] - 92:2 third [3] - 54:24, 62:10, 69:11 Thomas [1] - 1:19 three [8] - 42:16, 43:11, 46:3, 46:4, 54:9, 56:2, 64:9, 82:23 thwarted [1] - 17:13 tie [1] - 48:22 TIME [1] - 1:14 timeline [1] - 8:7 today [3] - 24:2, 30:3, 65:13 together [3] - 48:23, 70:7, 95:17 Tomter [1] - 1:19 TOMTER [25] - 28:15, 81:4, 81:8, 81:14, 81:20, 82:6, 82:11, 82:15, 87:8, 87:10, 87:18, 87:24, 91:20, 92:2, 92:6, 92:9, 92:14, 92:19, 92:25, 93:3, 93:9, 95:1, 95:4, 101:7, 102:7 took [2] - 37:24, 38:3 tool [1] - 79:8 total [1] - 83:16 totally [2] - 46:11, 48:21 tourist [1] - 81:23 tours [1] - 44:6 Betty K. Vande Boom , RPR 262-284-9868 14 Town [8] - 1:9, 25:14, 28:6, 36:7, 50:20, 50:22, 52:20, 53:2 town [9] - 7:21, 34:1, 36:18, 37:13, 38:3, 50:23, 52:21, 71:3, 71:5 Township [1] - 7:21 trail [1] - 36:15 trampled [1] - 34:11 transcript [2] - 3:25, 104:8 TRANSCRIPT [1] - 4:1 treatment [2] - 19:10, 19:13 triple [1] - 9:7 trucking [1] - 42:17 true [1] - 104:8 truly [1] - 23:17 TRUST [1] - 1:3 Trust [4] - 2:4, 7:10, 25:14, 25:21 trust [6] - 7:18, 45:9, 45:16, 45:18, 57:19, 57:23 Trust 's [8] - 1:6, 1:7, 1:8, 7:14, 7:15, 18:19, 19:1, 19:9 try [1] - 54:4 trying [4] - 36:23, 44:15, 47:13, 62:17 turn [1] - 64:20 turning [1] - 44:7 turns [1] - 92:16 two [10] - 1:4, 7:11, 22:6, 22:16, 48:16, 50:11, 58:18, 76:14, 82:23, 84:6 two -year [1] - 48:16 type [1] - 38:2 typing [1] - 35:20 U unable [1] - 17:5 under [49] - 10:3, 10:6, 10:9, 10:22, 12:1, 12:2, 13:17, 13:22, 13:23, 14:13, 15:17, 17:22, 19:13, 19:20, 20:13, 21:24, 22:11, 25:4, 25:6, 27:15, 28:1, 28:4, 28:17, 28:25, 29:6, 33:7, 33:11, 43:13, 45:8, 54:25, 55:7, 55:16, 57:19, 57:23, 62:1, 63:12, 63:22, 66:22, 68:20, 76:1, 81:16, 83:20, 83:21, 83:22, 83:25, 84:25, 85:10, 92:12 underneath [1] - 49:16 understood [2] - 58:5, 82:18 undertaking [2] - 65:3, 73:23 unduly [1] - 66:10 unique [7] - 14:5, 15:4, 55:20, 65:19, 66:11, 67:4, Page 46 of 67 41 of 41 sheets Page 15 to 15 of 15 1541 84:6 unless [1] - 19:3 unnecessarily [2] - 16:10, 16:22 unnecessary [10] - 14:3, 14:22, 16:2, 16:5, 16:15, 17:5, 55:19, 65:16, 84:4, 93:13 Unnecessary [1] - 14:20 unreasonable [2] - 16:11, 66:18 unreasonably [2] - 16:19, 66:8 unused [1] - 13:10 unweary [1] - 74:4 up [33] - 7:1, 29:9, 29:13, 29:14, 31:17, 33:22, 34:13, 35:3, 35:19, 41:15, 41:18, 41:24, 43:1, 43:11, 46:10, 46:23, 47:8, 49:15, 49:18, 49:19, 49:22, 49:24, 50:10, 50:12, 54:18, 56:9, 64:5, 64:9, 64:12, 80:15, 100:16, 101:20, 102:13 uphold [5] - 54:1, 98:17, 99:2, 99:5, 99:11 upstream [1] - 67:22 urban [1] - 59:25 useful [1] - 68:3 uses [28] - 10:5, 11:13, 12:3, 12:4, 12:6, 12:7, 12:20, 17:14, 17:15, 22:2, 34:16, 37:20, 38:10, 60:4, 70:25, 71:15, 72:19, 74:17, 75:23, 76:15, 77:7, 77:8, 77:12, 88:25, 89:1 usher [1] - 39:22 utility [1] - 76:12 V vacancies [1] - 37:18 vacant [1] - 60:6 vacated [1] - 38:4 valid [1] - 86:13 value [2] - 15:9, 17:18 values [1] - 15:14 vandalism [1] - 50:16 VANDE [1] - 104:5 Vande [2] - 1:23, 104:15 Variance [1] - 9:4 variance [76] - 8:14, 8:21, 8:24, 9:11, 9:23, 10:7, 10:21, 10:23, 11:19, 14:7, 14:9, 14:17, 14:23, 15:7, 15:13, 16:1, 16:3, 16:14, 19:6, 19:12, 22:7, 22:9, 22:11, 25:20, 26:4, 31:21, 37:19, 38:17, 53:13, 53:23, 54:6, 55:16, 55:20, 55:22, 56:10, 60:24, 62:10, 62:11, 62:14, 62:23, 63:4, 63:12, 64:3, 64:4, 69:1, 69:4, 69:5, 69:11, 69:12, 69:14, 72:3, 77:24, 78:3, 78:6, 78:12, 78:16, 78:21, 79:5, 81:11, 83:19, 84:9, 84:11, 84:13, 85:10, 85:23, 85:24, 91:8, 93:7, 93:9, 94:9, 95:23, 100:6, 100:8, 100:16 variances [53] - 1:6, 7:15, 8:4, 8:25, 10:17, 13:22, 14:1, 14:14, 15:18, 15:21, 17:16, 19:3, 19:23, 20:12, 21:12, 21:21, 21:23, 22:7, 22:16, 38:1, 38:20, 54:10, 54:22, 55:5, 55:13, 56:2, 56:13, 58:22, 59:17, 63:7, 64:18, 64:23, 64:25, 65:14, 65:25, 66:20, 67:11, 68:1, 68:21, 69:19, 71:20, 78:9, 78:13, 79:2, 82:19, 82:24, 83:22, 84:1, 84:16, 84:21, 91:25, 94:9, 94:18 various [1] - 74:15 venture [1] - 73:7 verbally [1] - 24:15 verify [1] - 37:7 versus [2] - 16:25, 30:15 vertical [1] - 61:10 VFW [1] - 37:7 vice [2] - 101:16, 101:19 victimization [1] - 74:4 view [2] - 43:6, 43:7 viewed [1] - 75:20 visit [1] - 38:20 visited [1] - 51:7 visiting [1] - 38:17 visual [1] - 64:12 visually [2] - 35:25, 64:15 volunteered [1] - 101:23 vote [17] - 70:5, 87:18, 88:1, 88:10, 88:11, 88:18, 88:19, 89:21, 90:4, 90:7, 95:8, 95:13, 95:16, 95:17, 98:20, 98:24, 102:23 votes [1] - 68:17 W W4128 [1] - 1:11 waiting [1] - 21:15 walk [1] - 86:1 walls [4] - 46:13, 62:20, 64:11, 66:2 wants [4] - 29:17, 56:7, 86:16, 96:19 warranted [1] - 98:18 Washington [5] - 1:16, 2:7, 2:14, 36:9, 100:7 waste [1] - 18:12 wastewater [2] - 19:10, 19:13 watching [2] - 35:20, 35:21 Water [5] - 2:13, 7:6, 9:8, 26:16, 45:4 water [45] - 9:6, 13:8, 18:8, 22:8, 22:9, 22:25, 23:3, 23:9, 24:9, 24:12, 24:13, 24:17, 25:5, 28:18, 28:22, 29:3, 33:7, 36:21, 40:7, 42:11, 51:24, 52:1, 52:6, 52:7, 61:2, 61:3, 62:24, 63:2, 66:14, 69:10, 74:1, 74:20, 74:22, 76:24, 77:13, 77:17, 80:15, 90:24, 91:1, 91:5, 91:21, 93:8, 95:21, 97:9 waterfront [4] - 12:24, 65:12, 75:17, 75:22 waters [4] - 23:3, 23:17, 45:10, 45:21 waterward [1] - 61:2 waterway [2] - 65:21, 67:5 Waubeka [8] - 33:18, 33:24, 34:4, 36:5, 36:6, 36:7, 36:16, 67:6 Waubeka 's [1] - 36:12 Waukesha [1] - 16:25 week [1] - 34:6 weekend [1] - 42:15 weigh [1] - 31:20 welfare [3] - 67:14, 67:19, 74:16 wells [4] - 77:7, 77:9, 77:13, 78:1 west [3] - 7:25, 29:23, 30:22 wet [4] - 26:10, 43:17, 52:3, 76:25 whatsoever [1] - 73:8 whole [6] - 29:25, 30:21, 36:8, 46:9, 48:6, 48:22 wholly [1] - 12:11 WI [6] - 1:11, 1:16, 2:3, 2:7, 2:11, 2:14 width [4] - 16:10, 22:17, 22:19, 66:2 wife [1] - 29:22 William [1] - 1:18 windows [1] - 42:23 WINKER [16] - 6:2, 39:8, 88:3, 88:5, 88:10, 88:12, 88:15, 96:2, 97:13, 99:7, 102:8, 102:10, 102:13, 102:16, 102:20, 103:10 Winker [1] - 1:19 Wisconsin [38] - 7:25, 11:8, 11:9, 12:15, 17:1, 19:18, 19:20, 19:24, 20:3, 20:4, 20:6, 20:9, 20:11, 20:14, Betty K. Vande Boom , RPR 262-284-9868 15 20:15, 22:11, 23:19, 25:17, 27:18, 27:19, 28:1, 45:4, 45:10, 45:15, 59:13, 61:24, 63:12, 63:22, 76:3, 77:10, 77:23, 78:10, 78:11, 86:4, 100:7, 100:10, 104:7, 104:16 WISCONSIN [2] - 1:1, 104:1 wish [4] - 38:22, 39:23, 44:3, 54:12 wishes [1] - 83:3 wishing [1] - 4:17 witnesses [1] - 32:2 wondering [2] - 31:4, 69:2 wood [1] - 47:21 worried [1] - 30:20 writing [1] - 25:16 written [2] - 45:6, 95:20 wrote [2] - 26:18, 26:20 Y year [4] - 48:16, 58:17, 58:18, 101:19 year-and -a-half [1] - 58:18 years [12] - 24:15, 33:18, 36:22, 37:8, 37:13, 37:18, 37:24, 42:20, 60:9, 62:13, 68:6, 88:7 yesterday [2] - 26:21 yourselves [1] - 4:19 Z zippers [1] - 60:12 zone [1] - 25:7 zoned [2] - 59:25, 70:24 zoning [37] - 10:13, 11:22, 15:2, 17:11, 18:22, 20:10, 22:22, 22:23, 23:1, 23:2, 24:6, 24:7, 24:10, 24:11, 24:22, 25:4, 26:6, 26:11, 26:13, 26:14, 28:18, 28:20, 28:25, 29:5, 36:19, 55:11, 55:23, 58:21, 63:24, 67:12, 71:4, 71:12, 72:25, 73:15, 82:4, 99:6, 99:12 Zoning [15] - 1:5, 2:13, 7:5, 7:12, 11:6, 16:23, 16:25, 19:5, 28:4, 28:6, 40:12, 51:18, 75:19, 76:23, 77:6 ¼ ¼ [2] - 1:10 Page 47 of 67 Item: 4.a. Agenda Item Information Sheet To: Board of Adjustment From: Katie Vogeler, Director, County Conservationist Meeting Date: October 14, 2026 Department/Office: Land & Water Management Item Name: Application Documents & Staff Report regarding the Variance Request to a stream setback Summary: Application Documents and Staff Report regarding the variance request to navigable stream setback Recommended Action: Attachments: 1. Elton - Staff Report Final 10-6-2026 2. site map 3. Elton Variance Application Signed 4. Variance Letter Corrected KV 5. Elton Residence v122 FULL 6. Elton Residence v122 HOL 7. Town of Belgium 2025-5266 Sandy Beach South-Scan (1) Page 48 of 67 121 W. Main Street, P. O. Box 994, Port Washington, WI 53074 Phone: 262.284.8313 LAND & WATER MANAGEMENT DEPARTMENT Katie Vogeler, Director Edward Pfister, Sanitation & Zoning Coordinator Geoff Schramm, Land & Water Coordinator www.co.ozaukee.wi.us BOARD OF ADJUSTMENT (BOA) COMMITTEE HEARING o Philip E. Steinke (Chairperson) o Robert Hubing o Joel Kasten Wednesday, October 14, 2026 o Marjie Tomter Administration Center - Auditorium o Rick Fellenz (Alternate) o Michael Haggenjos (Alternate) o Thomas Winker (Alternate) STAFF REPORT Request By: Mikkelson Builders, agent, and Michael and Kira Elton, owners, for a variance to Section 19.07200 of the Ozaukee County Shoreland Protection Ordinance for a reduced building setback to a n unnamed navigable stream located on the southern portion of their parcel for the purpose of constructing a new residence and driveway. Affecting the Following Described Real Estate: Town of Belgium, T12N-R23E, in parts of the NE 1/4 of the N E 1/4 of Section 36; Lots 5 and 6, Block 1 , of Sandy Beach Subdivision; Tax Key #01-054-01-05-000; 5266 Sandy Beach South, Belgium WI, 53004. Departmental Findings: A. The subject property is a legally existing conforming lot and the project, as proposed, can only be constructed upon the issuance of a variance by this Board. B. Although there is floodplain associated with Lake Michigan, the floodplain elevation impacting this property is negligible, and the proposed project will be located entirely outside of floodplain areas. C. There are no mapped wetlands associated with this property. A wetland delineation has not been requested by this department. D. An unnamed tributary to Lake Michigan bisects the property. Navigability of this stream was confirmed by Kathi Kramasz, Wisconsin Department of Natural Resources Water Management Specialist, on January 5, 2012. E. The structure serving the property was originally constructed in 1957. An attached garage project was completed in 1997, which received variance approval by the Ozaukee County Board of Adjustment for a reduced road setback. The structure is currently in compliance with the Ozaukee County Shoreland Protection Ordinance. Page 49 of 67 F. The applicant has not applied to the Town of Belgium for a variance to reduce the building setback from the north property line. A thirty (30) foot setback is applicable to the construction of a two - story home. G. Upon redevelopment, a setback average of forty -two (42) feet will apply to Lake Michigan and, unless reduced by variance approval, a setback of seventy-five (75) feet applies to the unnamed tributary to Lake Michigan. H. Between 2020 and 2022, the stream was relocated without applicable permits from this department. The Wisconsin Department of Natural Resources is working through the enforcement process to recognize project compliance. Relocation of the stream, further to the south, has increased the current buildable area available for redevelopment from ~1,400 square feet to ~4,200 square feet. The stream relocation increased the buildable front age along Lake Michigan from twenty (20) feet to sixty (60) feet. I. The property is currently in noncompliance with the Ozaukee County Shoreland Protection Ordinance due to the stream relocation, associated grading, and installation of a gravel driveway within thirty-two (32) feet of the unnamed tributary to Lake Michigan. J. The minimum shoreland setback allowable by variance is thirty -five (35) feet. The applicant is requesting a setback of forty-two (42) feet for the residence and fifty-seven (57) for the driveway. The approval of a forty -two (42) foot setback for the reside nce increases the buildable area available for redevelopment to ~6,700 square feet and the buildable frontage along Lake Michigan to ninety-five (95) feet. K. The proposed structure could be relocated to the north and still meet Town of Belgium setback requirements. A shift in structural location would allow the structure, as proposed, with an increased setback of forty-nine (49) feet to the navigable stream versus the requested forty-two (42) foot setback. This shift would place the driveway, as proposed, sixty-four (64) feet from the navigable stream versus the requested fifty-seven (57) foot setback. L. The proposed structure could be redesigned to allow a compliant driveway location. Ample area exists on the lot to place the proposed driveway seventy-five (75) feet from the navigable stream. Departmental Statement: This department holds no opinion regarding the issuance of a variance provided that the Board of Adjustment can validate the variance test. Please see the attached handout, “Variances” Chapter 15 of the Zoning Board Handbook, 2 nd Edition 2006, of which a copy has been provided. To qualify for a variance the applicant must demonstrate: 1) Unnecessary hardship; 2) Hardship due to unique property limitations; and 3) No harm to public interests. Page 50 of 67 Should the Board decide to grant the variance request for a reduced building setback to an unnamed navigable stream for the purpose of constructing a new residence and driveway, this department requests the subsequent departmental recommendations. Departmental Recommendations: A. The applicant will remove and restore all unpermitted gravel driveway areas adjacent to the navigable stream. Driveway removal shall precede any future shoreland permits as per Section 19.22105 of the Ozaukee County Shoreland Protection Ordinance. B. The applicant shall obtain an after-the-fact shoreland permit from this department to recognize the stream relocation and associated grading, with maximum penalties applied as per Section 19.22102(D)(03) of the Ozaukee County Shoreland Protection Ordinance. C. Prior to the issuance of said permit, the applicant will provide this department with written correspondence from the Wisconsin Department of Natural Resources indicating that the stream relocation is now compliant with their enforcement action. D. Erosion control plans shall be completed by a professional engineer or architect registered in the state. The plans shall utilize erosion control measures, as described in the Wisconsin Construction Site Best Management Practice Handbook, and shall be installed on the property prior to the start of any construction and maintained until the area is completely re -vegetated. All plans shall be reviewed and approved by the Land and Water Management Department. E. Stormwater plans shall be completed by a professional engineer registered in the state. The plans shall demonstrate that the proposed project will not impede natural drainage patterns and the post-construction surface water runoff will not adversely impact neighbori ng properties. A post- construction elevational survey, from a land surveyor registered in the state, is required to certify that the preceding requirements have been met. All plans shall be reviewed and approved by the Land and Water Management department. F. A variance granted by the Board of Adjustment shall expire within one (1) year after issuance unless substantial work has commenced pursuant to such grant. A one (1) -year extension of a variance or permit may be granted by the zoning administrator prior to its expiration. The zoning administrator or applicant may request that the Board of Adjustment review the request for extension. G. Upon completion of the project, the variance shall be recorded by the Zoning Administrator with the Ozaukee County Register of Deeds, with the recording fee to be paid by the applicant. H. All required state, federal, and local permits must be acquired before the start of the project. I. Any significant changes and/or revisions to the proposed project must be resubmitted to the Board of Adjustment for review and approval before implementation. Page 51 of 67 Departmental Notice: Both the Board and the applicant must be aware that if the variance is approved, an appeal period extends thirty (30) days from the date of the filing of the decision of the Board. During that period, any interested party can appeal the decision, either approved or denied, to the Circuit Court. No permit, or authorization of work, will be issued by this department until the appeal period has expired. END (EP / 10.05.2026) Page 52 of 67 ~61ft ~33ft ~4,200 square feet ~2,480 square feet Combined Area ~6,680 square feet Page 53 of 67 Page 54 of 67 Page 55 of 67 September 14th, 2026 Ozaukee County Land and Water Management Department Request for Variance Property Owner: Mike and Kira Elton Property Address: 5266 Sandy Beach South Belgium, WI 53004 Owner Agent: Mikkelson Builders Variance Requested: Current Ozaukee County Shoreland Protection Ordinance specifies a 75’ setback from the OHWM. Mike and Kira Elton’s lot is bordered by Lake Michigan to the East and a stream to the South which intersects the Elton’s property (Lot 6). Mike and Kira Elton are seeking a variance for a 42’-6” setback from the stream to the South. Reason for Variance Request: Mike and Kira Elton would like to raise the existing home and build a new two-story, single-family home on their lot. The existing home currently encroaches upon the 30’ side yard setback required by the zoning code for a two-story home. In order to meet the side yard setback requirement, the proposed home would be located outside of the 30’ side yard setback to the North, while also potentially allowing for a mound system in lieu of a holding tank pending a POWTS review by the State. Strict enforcement of the 75’ setback requirement from the OHWM would cause unnecessary hardship because the Elton’s would not be able to build a new home that utilizes the lot in a similar way as the neighboring properties. Other properties are able to widen their homes to maximize lake views from the home, create room sizes consistent with current industry standards, and add the necessary square footage needed for a comfortable, aging-in-place design. This condition is unique because while the Elton’s own lot 5 and Lot 6 of Sandy Beach Subdivision, the 75’ setback from Lake Michigan and the stream to the South does not allow for any structures on Lot 6 and even encroaches onto lot 5 as well. This severely limits the ability to construct a new home that is consistent with the quality and size of other homes in the neighborhood. This condition is not self-created as the stream was deemed navigable after the parcels were platted. The stream was significantly altered between 1995 – 2005 with the addition of 2 retention ponds from the Sandy Beach Farm’s development for stormwater drainage. Since completion of the stormwater retention ponds, the water in the “stream” on lot 6 has dried up and presently serves more like a dry riverbed while only getting water from overflow during heavy storms. Page 56 of 67 This variance will not alter the character of the neighborhood nor conflict with public interest. The Sandy Beach Subdivision originally created 17 residential lots, all with the intent of supporting a home. Most homes occupy either one or two lots, and are built close to, or even within current side yard setbacks. The Elton’s are not requesting to exceed the original intent of the subdivision – they are simply requesting to build a new home that is consistent with the size, quality, and appearance of other homes in the subdivision. This addition would still maintain a 42-6” setback from the stream and will adhere to the current stormwater and erosion control standards that have been updated and improved since the original house was built. Granting this variance for a reduced setback from the stream will allow Mike and Kira Elton to utilize their property the same as the neighboring homes and bring additional value to the subdivision. We appreciate the board’s understanding and consideration of this variance that will ultimately preserve the purpose and intent of the zoning ordinance while allowing reasonable use of the property. ***This letter was sent by Mikkelson Builders on behalf of Mike and Kira Elton. KV 9-29-2026 Page 57 of 67 Page 58 of 67 Page 59 of 67 Page 60 of 67 DW Page 61 of 67 DW Page 62 of 67 Page 63 of 67 Page 64 of 67 Page 65 of 67 Item: 5.a. Agenda Item Information Sheet To: Board of Adjustment From: Katie Vogeler, Director, County Conservationist Meeting Date: October 14, 2026 Department/Office: Land & Water Management Item Name: BOA Members and Terms Summary: Upated BOA Member list with Term dates Recommended Action: Attachments: 1. BOA MEMBERS Page 66 of 67 10/1/2026 BOARD OF ADJUSTMENT MEMBERS ROLE TOWN 3-YEAR TERM EXPIRES JUNE 30 EMAIL PHONE ADDRESS Marje Tomter Grafton 2029 mstmsed@yahoo.com coordinator@treasuresofoz.org 262-227-8957 1097 Lake Shore Road Grafton WI 53024 Philip Steinke Chairperson Saukville 2027 steinke.services@gmail.com 414-378-6962 1248 Rolling Meadows Court Port Washington WI 53074 Rick Fellenz Alternate Cedarburg 2027 fellenzrick@gmail.com 414-651-0021 10823 Pleasant Valley Road Cedarburg WI 53012 Robert Hubing Belgium 2028 bobhubing@gmail.com 262-957-4909 6290 Lake Church Road Belgium WI 53004 Joel Kasten Cedarburg 2028 deerman02@sbcglobal.net 262-825-8728 9415 Bridge Street Cedarburg WI 53012 Thomas Winker Alternate Belgium 2028 hkwink@hotmail.com 6824 Six Mile Road Belgium WI 53004 Michael Haggenjos Alternate Port 2028 mike@voellermixers.com 1891 Dynna Drive Grafton WI 53024 Page 67 of 67