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January 26, 2006 BOARD OF APPEALS MEETING
TOWN OF GRAFTON
BOARD OF APPEALS MEETING
JANUARY 26, 2006
Official Minutes
I. CALL TO ORDER
A. Chairman Butler called the meeting to order at 7:00 P.M.
B. Pledge to the Flag
C. Present:
Chairman Craig Butler
Tom Grabow
Kim Viesselman
Tom Sykora
Steve Wilkinson
Town Clerk Wendy Weeks
Building Inspector Rick Fellenz
Also in attendance: Commissioner Robert Wolf
II. ASSURANCE OF PROPER NOTICE
Town Clerk Wendy Weeks assured the meeting that the Agenda was properly noticed.
III. PUBLIC HEARINGS
A. NOTICE IS HEREBY GIVEN that a Public Hearing was held on January 26th, 2006 at 7:00
pm at the Grafton Town Hall at 1230 11th Avenue, Grafton, WI before the Town of Grafton
Board of Appeals concerning a variance to Section 10.1.3.07(F)(1) of the Town of Grafton
R-3 Residential District Zoning Ordinance. At this time opportunity was afforded all
interested parties in being heard concerning a front yard setback less than 50’from the
highway or road right-of-way for 2186 Edgewater Drive, Tax Key #06-054-0009-000, owned
by Dominic D’Alexander.
B. Chairman Butler opened the Public Hearing at 7:01 PM, and asked for public comments.
1. Mr. Richard Lallensack of 2196 Edgewater stated that he would like to hear what was
going on, and then speak
2. Mr. Dominick D’Alexander explained that the house he wants to build would be 15 to
20 feet wide if he is required to meet the Town’s front setback, and not encroach into
the flood zone, which is 75 feet from the river. The lot is 328 feet. D&H Land
Surveyors have surveyed in the last month, and marked the 750 ft. elevation, which
is flood fringe, and the 751 ft. elevation on the survey. As the house is moved back
on the lot, the grades will be steeper. Has been a builder for 26 years, lives in
Florida, and would like to come back home to Wisconsin part time, to enjoy his home
and family. Not asking for a side variance, which will give room for a swale to
maintain the water runoff.
3. Building Inspector Richard Fellenz reported that a variance can be granted, but no
closer than a 25 foot front setback. This lot is a challenge. Mr. D’Alexander is trying
to get everything tucked in to meet all the setbacks from the County, Town, DNR,
and all he is requesting is the variance for the front yard setback. Mr. Fellenz
recommends approval of the variance. The County will issue a sanitary permit, and
land use permit, before a building permit can be issued. Mr. Fellenz stated there is a
question weather this is a 3-rod road which is 49 feet wide, causing the front setback
to be 75 feet from the center line, versus a 4-rod road which is 66 feet wide, resulting
in an 83 foot setback from the center line. The Town has a 1200 sqft minimum
house size, with 800 sqft on the first floor.
4. Mr. D’Alexander will build a berm, or swale, or whatever it takes to maintain the water
on his property.
Grafton Town Board of Appeals January 26, 2006 Page 2 of 2
5. Mr. Jay Jankowski of 2176 Edgewater reported that if the lot is built up any higher
than it is, he will get flooded out every time. Everything comes in a V, from the road,
and comes from the neighbor’s property both ways. Before the water can get up
high enough to get into the river, it will flood me.
6. Mr. Tom Grabow explained that if you bring in 2000 sqft of fill in, that is 2000 sqft of
water that will be displaced.
7. Mr. Jankowski said that it does not affect his house, but it does affect his driveway.
8. Mr. Tom Sykora stated that it is a buildable lot if you are within the Town’s setback
requirements.
9. Mr. D’Alexander stated that by acquiring the variance and moving the house forward,
it will have less of an impact on his neighbor.
10. Mr. Kim Viesselman stated that the application was incomplete due to lack of a
survey showing elevations and drainage
11. Mr. Richard Lallensack stated that the flood of June, 2004 caused the river to be
about a foot above his basement floor. The land is higher by the river.
C. Chairman Craig Butler closed the Public Hearing at 8:10 PM.
1. ACTION: A motion was made by Tom Grabow to table this matter for 60 days
to give applicant time to come back with the proper maps & site plan study of
water run-off by an engineer or drainage contractor.
a. Mr. Steve Wilkinson presented an amendment to the motion stating that Mr.
D’Alexander stipulate in writing that he will wait 60 days for the Board of
Appeal’s decision.
b. Mr. Tom Sykora presented an amendment to the motion stating that the
engineering study submitted by Mr. D’Alexander is reviewed and confirmed by
Town Engineer.
2. ACTION: Mr. Kim Viesselman seconded the amendment stipulating Mr.
D’Alexander provide written confirmation that he will wait 60 days for the
Board’s decision. Motion carried unanimously.
3. ACTION: Mr. Steve Wilkinson seconded the amendment stating that the
engineering study submitted by Mr. D’Alexander be reviewed and confirmed
by the Town Engineer. Motion carried with Mr. Wilkinson voting yes, Mr.
Viesselman voting yes, Mr. Sykora voting yes, Mr. Butler voting yes, Mr.
Grabow voting no.
4. ACTION: Mr. Viesselman seconded the motion tabling the matter for 60 days.
Motion carried unanimously.
IV. ADJOURN
A. ACTION: A motion was made by Mr Viesselman to adjourn. Seconded by Mr.
Wilkinson. Motion carried unanimously.
Respectfully Submitted,
Wendy Weeks, Town Clerk
January 27, 2006
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