[0:11] Good morning. This Thursday, February 12th, 2026, Edna, and I call the Woolworth County Board

[0:18] of Adjustments to order.

[0:22] Roll call, please.

[0:24] Here.

[0:28] Here.

[0:31] Here.

[0:32] Also present are Nick Sigmund from Zoning and Rachel Shinde, reporting secretary. Ben, chair, we have a quorum.

[0:38] Thank you and entertain a motion to approve the agenda as presented so moved

[0:45] second we have a motion a second to approve the agenda as presented all in

[0:50] favor aye all business none new business a staff please petitions first

[1:02] hearing

[1:03] yesterday was for Jeff McPherson Troy Township the applicant was requesting a

[1:07] variance from the Wallworth County zoning ordinance to construct a

[1:10] second floor addition alteration.

[1:12] The ordinance requires the addition alteration

[1:15] to stay within the existing building envelope

[1:18] when located in the

[1:21] direction.

[1:23] The applicant is requesting to exceed

[1:24] the existing building envelope within the vision triangle.

[1:28] The property zone R1 is located at W3305 Second Street.

[1:35] And I'd like to add that we discussed yesterday

[1:39] the town decision. I did receive word from the town last night that they they did approve it

[1:48] then three to zero at the town board meeting. Thank you.

[1:56] Discussion.

[1:59] Motion first.

[2:05] I need a motion to discuss this variance. I need a motion to I'll make a motion to approve.

[2:19] I

[2:23] think the most important part for me is when the builder came up and explained

[2:32] what I was thinking is the building's already there. It's already what you can

[2:38] see from that intersection is already there. Going up the four feet to bring

[2:44] it up to code upstairs isn't going to change because you already can't you

[2:49] know, if you couldn't see, you wouldn't see then. Right. So you're not really changing.

[2:54] Right. And also, the, was it the fire chief or someone in safety said how unsafe that stairway

[3:03] was and it needed to be corrected? I, it's just an old house been there for, I think

[3:12] a long time. I don't know that they said how long it has been there, but I

[3:20] don't

[3:21] I was only interested in the amount of traffic on that road. I mean, I don't care what they built because we're not into that building

[3:28] we're into the vision triangle and

[3:32] When he the applicants said I think there was three houses on that street and it was minimal traffic

[3:43] That is part of that is the vision triangle not the house but the traffic that's going on there

[3:48] So, I feel that he met that requirement of having little traffic and all that.

[3:55] The only thing I don't want to see, a house could go up with that second story on that

[4:00] one portion of it, but not the rest.

[4:05] They came in for a variance for that second floor that's only four feet high.

[4:10] That's it.

[4:12] That doesn't mean that the rest of it can start going into the second floor.

[4:15] It's only that portion of it.

[4:17] And I, you know, and because that's what we're looking at.

[4:22] Does anybody disagree with that?

[4:24] Nope.

[4:25] You know, we're not here to build a full house.

[4:28] We're here to build, to correct that particular part

[4:31] of the house.

[4:37] Well, we had enough discussion, do we feel?

[4:40] Well, I think we need to go over the criteria.

[4:43] Let's go to the criteria, sure.

[4:45] Unique properly, limitations.

[4:53] It's where it is.

[4:54] Yeah, it is where it is.

[4:55] and I don't know that it's the property, although the vision triangle would encompass the property.

[5:04] It's the structure of what's there now, the interior of the house,

[5:11] because it's unsafe the way it is, not up to code. So that would be,

[5:20] like I said,

[5:21] I don't know that that's a unique property limitation, but it sure is a unique limitation.

[5:28] Yeah, I mean, you can look at it both ways. There's no question about that. I mean,

[5:33] basically speaking, when you buy something like that, you should take a look and see if it's

[5:36] going to fit. And we're not into looking at the house. We can't go in that house and take

[5:43] going on there that's not our thing but I do believe that it is unique because of

[5:53] where it's situated it's also the stop sign is back so many feet so people they

[6:00] have a chance to go further up and be sure that they can look both ways a

[6:04] 90-degree angle so and like I say the lack of a lot of traffic on there but

[6:11] But this just goes for that particular part of that building.

[6:16] Unnecessary hardship.

[6:19] If we didn't give it to them,

[6:23] well, I think they would have just basically an attic up

[6:26] there, a storage place.

[6:31] And I don't know what the bottom looks like, and that's not our, anyway, whether it's

[6:34] another bedroom or not for the family.

[6:37] but I certainly think that would be a hardship if they couldn't use all the

[6:43] building for at least some of their needs.

[6:48] What do you think Rose? I think that

[6:53] they're trying to bring it to code and I think that's an unnecessary hardship

[6:59] because they can't bring it to code unless they're able to move that rough.

[7:05] Because you're going to have problems with the code somewhere down the

[7:08] pike if they don't do something. No harm to the public interest.

[7:16] It's been there

[7:17] for who knows how many years. Has it harmed anybody then? I don't think it's

[7:21] going to harm anybody now. You know, and the town improved. Yeah. So that in my

[7:27] mind, maybe, says that there's not a lot of traffic on that corner. Right. You

[7:35] know, that they're okay with. Yeah, I mean, it's not a major thoroughfare

[7:40] that's for sure and with only three homes down the one side I mean there's going to be limited

[7:45] and it looks like it's a very short street anyway I mean you're not going to have

[7:49] many more houses on there if any down there I mean pretty soon it's just what it is.

[7:56] Well the home may have been built depending on how old it was before we even had

[8:00] vision triangle rules right and that's true kind of stuck with what you have right.

[8:07] I think he said early 1900s is what I'm right. Yeah

[8:12] And this that's what the stairways

[8:14] Yeah, the whole thing is basically

[8:17] Sort of cobbled together and the shoreland is not applicable correct

[8:25] So

[8:28] we have a motion

[8:30] To grant this variance in a second

[8:36] We vote I

[8:39] Call in favor

[8:41] Member?

[8:41] Aye.

[8:43] Opposed?

[8:45] The variance is granted.

[8:48] Thank you.

[8:54] Our next variance request was for Ryan and Tracy Coleman, Richmond Township.

[8:58] The applicants are requesting a variance from the ordinance to replace retaining walls

[9:04] on a sidewalk.

[9:05] The ordinance requires a 75-foot shoryard setback for the structures or to remain

[9:10] within the same footprint of the structures being replaced.

[9:13] The applicants are requesting to go outside of the existing footprints with a

[9:18] shoryards setback of approximately 67 feet for the sidewalk and as close as

[9:24] 17.9 feet for the retaining walls. Property is zoned R1 and is located at

[9:31] N6611 and under 5deleven.

[9:40] I make a motion to approve for discussion

[9:44] purposes. Do you want to break this apart at all, Rose? I think we should

[9:48] break it apart in discussion. I think so too. And then we can amend if we need to.

[9:52] I mean there's different parts of this that are, you know,

[9:58] so I might break this apart.

[10:00] Hold on. So I'm not sure if you guys are understanding each other, but I think what

[10:05] Rose is saying, Ann, is that she's making a motion to just approve the whole thing.

[10:10] Let's talk about it and then if we want to change it. Okay, let's break it down.

[10:16] We have a motion to we would need a second to deny this. Do I have a second to approve to approve? Yeah

[10:22] I'll second to approve

[10:25] All in favor to approve. No, we're not calling the vote discussion. Yeah, especially

[10:31] I think that the portion of the retaining walls that are coming in front of the the porch there

[10:38] I was out there in front of the house. Um,

[10:45] I

[10:45] I think they did a good job of showing

[10:48] that they can't use the materials that are there.

[10:51] They have to use newer materials.

[10:54] And along with newer materials means

[10:57] it's going to take more space in how they put those materials

[11:01] in.

[11:02] So I think we really, that's a safety issue.

[11:06] You could see that when you were out there at the house.

[11:08] It's going to keep eroding.

[11:10] And that's allowed the railing to on top of that structure.

[11:13] Yeah, I don't know if the railing

[11:15] as code if they could just put up plantings that would stop people from stepping over.

[11:20] I don't know.

[11:21] Around that.

[11:22] Yeah.

[11:23] So I'm not sure about that.

[11:25] You know, at the end of it.

[11:27] And I can see the portion of the walkway where the curve is and they want to straighten

[11:33] it out.

[11:33] So that's my question, it would be the stairs and the retain right of the house.

[11:43] So.

[11:47] Let's talk about that a little bit.

[11:49] Make sure I understand.

[11:50] Yeah, so.

[11:51] Are you talking about this retaining wall

[11:53] to the right of the house?

[11:55] Well, I'm talking in front of that

[11:57] and in front of the, here,

[11:59] going all the way across there.

[12:02] I don't believe there's anything there right now

[12:05] if you point it to you.

[12:08] So.

[12:09] Like right here in front of the sidewalk, there.

[12:12] I don't believe from what I could see that there was a retaining wall there now

[12:17] Well, you're talking about this area that I just highlighted. Correct. No, I

[12:24] Mean because it goes all the way to I think it looked when I was there all the way to the edge of the house

[12:30] But where the deck starts down there. I don't remember seeing a retaining wall there. It was up more

[12:37] It was back further if you look at the photos

[12:40] I have the existing survey. Yeah. Let me get rid of my. Oh, that's not good. Oh, what happened there?

[12:57] So they had highlighted this on their handout, but here is the existing retaining wall and here is the existing retaining wall.

[13:08] so that one to the right is the one that it's

[13:16] they're moving it closer to the lake basically

[13:20] to attach it to the stairs and move the stairs.

[13:25] It looks like in the new plan. Their handout showed in the red where it's existing and

[13:36] where it's proposed on the back. But the red wasn't correct.

[13:41] it didn't come out far enough.

[13:47] And that's what she said yesterday.

[13:53] The red didn't come

[13:54] to bottom. This one is someone you're talking about? Yes. Yes. This should come out further.

[14:05] They only went to here on where she drew it in, but it actually comes out further. Yeah.

[14:11] If you look at the photo, you can see that, that retaining wobble across the front.

[14:17] And they made it come out further on this photo. Yeah, almost to the end of the house

[14:21] Well, this is where the surveyor is correct being is does and that's the correct one. I

[14:28] Believe oh, I see what you're saying though

[14:33] Their rare is sure red shading area ends in about the middle of the house

[14:37] But we're we're looking at it on this. It actually goes out further a little further along correct. I was almost all the way across

[14:45] so

[14:51] then

[14:53] this one on the side to the right that's currently there.

[15:01] In her map, it's going to stay. Actually, if in her map, it's outside of the 75 foot. The sidewalk's inside, but the retaining wall is outside in the new map.

[15:20] It's trying

[15:23] to see what they're getting rid of and what they're adding.

[15:25] Yeah,

[15:37] so it looks like, man, on

[15:48] their red and blue marked up drawing looks like

[15:51] there's currently a wall that's about here that

[16:00] they have shaded red and then

[16:03] they're not proposing their new wall to get overlooked. Yeah, so they would be

[16:10] I'm just getting rid of that, but they're putting one up a new one up here, but it's outside the 75 feet

[16:18] So I think they're okay there here. We don't have to worry about so that one's okay, and they're getting rid of this one

[16:24] It looks like

[16:27] Yeah, correct. Yeah,

[16:38] so they're asking for two sixty seven feet for the sidewalk

[16:42] Mm-hmm, and

[16:45] then the

[16:46] 179

[16:48] for the stairs. 17.9 for the retaining wall for the stairs. So

[17:03] it says

[17:07] 67 feet for the

[17:10] sidewalk. What are they asking for for the new retaining wall then?

[17:17] So this 67 feet to the

[17:21] sidewalk is this like that the retaining walls the request is as close as

[17:30] 17.9 okay but they really have all

[17:38] of these retaining walls so they're

[17:42] included in that yeah okay as close as 17.9 but our 75 foot setback is is

[17:51] right there. Okay. So all of this is included in that 17.9. Right.

[18:04] So if we

[18:05] include the, or approve the variance, this is a question I have for the 17.9.

[18:12] And later on down the road, they decide they want to extend something and come

[18:19] closer to the lake. Can they do that? Because it's all within that 17.9.

[18:26] If you approve the variance, it'll be for exactly this plan.

[18:30] They wouldn't be able to add more walls in other places.

[18:34] That would be my question.

[18:37] I

[19:02] do believe they have a unique property limitation because of the angle and shape

[19:06] of the lot, especially at the bottom here.

[19:08] Yeah. So their line goes along at an angle.

[19:20] I believe there's an unnecessary hardship for

[19:23] the portion that's up by the house, but that's within that 17 point.

[19:31] Well, everything in that

[19:32] area is steep. They're just maybe they're just a little bit more,

[19:38] well, it's a little

[19:41] outer shape lot that's one on either side but you know I'm looking at all this

[19:48] stuff and the house is still standing and I

[19:58] can understand down here with the

[20:01] sidewalk down there because that does need to be fixed or something it's

[20:05] pretty well disintegrated down there in this picture and it was that retaining

[20:13] wall is pretty bad too when I get out there. I understand that. And with the railing, that's

[20:20] stopping people from like, and I think that's a safe, I don't know how high they want the railing

[20:25] there, but whatever it is, I think it should be so you don't walk off the edge. If you've got

[20:29] guests or something, you're always going to watch out.

[20:34] Now the stairs going down,

[20:36] I

[20:46] don't I

[20:52] don't see all that because

[21:00] why don't you restructure structures in the

[21:05] show yard all the stairs are already there there yeah there is a set there

[21:10] there they're reconfiguring them but I don't leave they have a retaining wall

[21:15] next to them yeah they're out there see and I there's one labeled on the plan

[21:20] yeah is there and I'm not basically in favor of putting any more retaining

[21:26] walls down there. This grass is very good. Now if you start putting plantings down there,

[21:30] that's when a rain is going to dirt and everything else. This grass has held all these years and I'm

[21:35] sure it's holding this hillside very well.

[21:40] Oh,

[21:43] it's a timber one too. Yeah, there's already

[21:47] retaining wall there. It's just all timber wood. It's all wood and gone. Stone. You can even see

[21:52] if we zoom in, the survey shows it a little differently where it's stone versus where

[21:58] That's timbers.

[21:59] Yeah.

[22:07] And I think replacing that is fine.

[22:09] It's just talk here, but then we're here.

[22:12] So it's a combination of stone and temper.

[22:27] Well, like I said, I see that.

[22:28] I see up above it's.

[22:34] And the stairs are allowed.

[22:36] Right.

[22:36] The stairs are allowed.

[22:37] And replacing what's there as far as detainee

[22:41] or anything else, I'll go for that.

[22:42] I just don't believe in reconfiguring

[22:44] all that down there.

[22:47] They're allowed to reconfigure the stairs.

[22:49] They can have stairs, whether they already have them or don't already have them, or they want to take them out and build them different or move them, or they're allowed the stairs.

[22:59] To the water. They're allowed one ingress and ingress of the water.

[23:30] Well, I don't think we went through the criteria yet, did we?

[23:35] I thought it was a unique property yet.

[23:39] Unnecessary hardship, I think it's because it is eroding.

[23:44] the timbers are are failing yeah just following apart we so they have to do

[23:49] something in parts of it definitely I don't believe anything on the plan is at

[23:56] harm to public interest I don't see anything as far as flow going in yard

[24:03] or and as long as they have to stay according to the plan and they can't

[24:09] later on just expand, then I think they came as close as they could to staying

[24:16] within what they had.

[24:22] The retaining walls aren't new. I mean they're new but they're

[24:28] different and already have them. Yeah, they're different. They have no choice.

[24:34] Yeah, they're falling apart so and they're being told what types of materials they

[24:42] can use. Right, exactly. The

[24:53] town located, the DNR, you know, their letter basically

[24:59] is what it always is. Yeah, they don't approve anything with insiders. Yeah, they're what

[25:05] pretty much. And they do say that there may be extenuating circumstances that

[25:11] they don't know. It's like a hill.

[25:17] I would like to see everything instead of all these plantings

[25:21] that is not either staying grass because grass holds much better than planting stuff.

[25:27] I don't think we can. We can't say anything about that, but I mean it's just a side note.

[25:35] They're probably required to screen the retaining walls with

[25:39] natural native vegetation. They said that several times I think. Yeah.

[25:43] That stuff tends to be deeper rooted and holds up to erosion better than grass as grass is shallow.

[25:55] And if you get a rain right after its planted it doesn't.

[25:58] Well, we have no control.

[26:00] Exactly.

[26:02] Part of using native vegetation is that's the stuff that likes to grow there.

[26:08] Area that it's not accustomed to.

[26:10] So I'm sure they're selecting plants for the site.

[26:27] Well, yeah, I have nothing more.

[26:29] I have nothing more.

[26:30] We have a motion on the floor and a second to approve this variance.

[26:35] All in favor?

[26:37] Aye.

[26:39] Variance is approved.

[26:41] Thank you.

[26:53] Other discussion?

[26:55] Possible action on township correspondence?

[26:58] There's none.

[26:58] Correct, staff?

[26:59] Correct.

[27:00] Okay.

[27:01] Staff reports.

[27:02] Case, court cases update?

[27:04] Anything interesting?

[27:05] No.

[27:06] No?

[27:06] Okay.

[27:08] Still waiting his way through the state supreme court, is it?

[27:11] Distribution of reports, handouts, and correspondence.

[27:14] Is there anything?

[27:15] I don't have any handouts for you.

[27:18] I will entertain a motion to adjourn

[27:22] to the March 11th, 2026 meeting at nine o'clock.

[27:28] So moved.

[27:29] Second.

[27:30] I have a motion and a second to approve to adjourn

[27:33] to our March 11th, 2026 meeting at nine o'clock.

[27:38] All in favor?

[27:39] Aye.

[27:46] Thank you, ladies.

February 12, 2026 Board of Adjustment Decision

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