January 17, 2008 Fitzpatrick Variance


Board of Appeals

Variance Hearing
Petitioner: Ervin Miller / Shirley Fitzpatrick

January 17, 2008

6:30 PM
Lamartine Municipal Building Meeting Room

This variance hearing was requested by Shirley Fitzpatrick / Ervin Miller who would like a variance in the rear lot line restriction of 10 feet to approximately thirty-six inches (36�) to allow for a building that has been constructed to continue to exist. The property is located at W8161 CTH Y, in the Town of Lamartine, Fond du Lac County, more particularly described as:

A parcel in Section 27, Township 15 North, Range 16 East, more particularly described as a part of the SE � of the SE � commencing at a point on the south line of the SE � eighty-six feet (86�) east of the NW Corner of Lot 15 of the Plat of Seven Mile Creek, then North sixty feet (60�), West one-hundred thirty-five feet (135�) to the point of beginning in the Town of Lamartine, Fond du Lac County, Wisconsin. The size of the lot is .186 acres.

Present at this hearing were board of appeals members, Greg Michels, Chairman; Mike Pittler, J. Peter Braun, Bud Guenther, Roger Searl and petitioner Shirley Fitzpatrick.

With notices having been properly posted and published Chairman Michels called the meeting to order.

The letter of intent was read aloud. The letter dated December 10, 2007 sent on behalf of Fitzpatrick / Miller by Attorney Alan Spiegel, requested a variance in the rear yard set back from the minimum allowed by the town to thirty-six inches so the building that had been constructed could continue to exist.

Chairman Michels asked the petitioner if there were any additional comments to add to the letter of intent. Brian Kopf spoke as the builder of the building. He presented photos to the board and explained how the building came to be. The building was 16� x 16�. He stated that he called Mike Suprenand regarding having a horse and Mike told him that the horse was ok and a building could be built, but a building permit was needed if the cost was over $1000.00. Mr. Kopf said he used common sense regarding the setback. He further explained that he had contacted Town Chairman Frank Bartzen and Bartzen told him that he was in violation of the rear yard setback and said he would get back to him, which Kopf stated he never did. Kopf also stated that he was not informed that the cost of the building and cost of labor was used for the $1000.00 limit at which point a building permit must be obtained.

Further discussion took place. Mr. Bartzen explained that he had stopped in at the property and informed them they were in violation of the setback. Pete Michels, town building permit issuer also spoke regarding his conversation with the builder in regards to the building cost and the setback.

A letter from Fond du Lac County Planner, Sam Tobias dated January 8, 2008 was read aloud. The letter in summary stated that after reviewing the request and the Town of Lamartine Zoning Ordinance he saw nothing that would support the granting of a variance to the 10-foot setback requirement for the horse barn. A copy of this correspondence is on file in the clerk�s office.

Discussion continued with the Board of Appeals members, petitioners and others in the audience. Chairman Michels explained why variances are in effect and that decisions made now will also effect decisions in the future.

Chairman Michels asked if anyone else had anything else to offer regarding the variance request. Mrs. Fitzpatrick�s daughter Cheryl stated that everything is a big misunderstanding and everyone needs to concentrate on this point. Things were not done how they should have been and they (the petitioner) were being punished for it. There was a misunderstanding on everyone�s part.

Chairman Michels called for a vote stating that a YES vote would mean the variance should be granted and a NO vote would mean the variance should be denied. Let the record show that five (5) paper ballot votes were cast with the following results.

Greg Michels�NO, Roger Searl�NO, Mike Pittler�NO, Bud Guenther�NO and J. Peter Braun�YES. The Board of Appeals voted 4-1 to deny this variance request.

Chairman Michels asked the petitioner if they felt it was reasonable to ask that the structure be moved by June 1, 2008. They felt this was reasonable. Chairman Michels will recommend to the Town Board that they request the petitioner to move the building or do whatever is necessary to be incompliance with the town�s minimum rear yard setback of 10-feet, by June 1, 2008.

Roger Searl seconded by Mike Pittler made a motion to destroy the ballots. Motion carried 5-0.

With no further business to discuss, J. Peter Braun made a motion to adjourn the meeting. Roger Searl seconded the motion. Motion carried 5-0.

Respectfully Submitted,

Town of Lamartine

Jill Randall

Municipal Clerk