00-3103 Fabyan v. Waukesha County Board of Adjustment

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“[T]he owners’ desire to use the lower portion of their garage structure for storage is not a prohibited use under the applicable zoning. Therefore, the owners did not need a variance. Instead, the owners’ proposed use merely conflicted with the FAR requirements of the ordinance. As such, the proper avenue of relief was by special exception, and the owners properly invoked the special exception procedure… Sec. 3.10(4)4 of the shoreland zoning ordinance implements this procedure by allowing for a special exception to the FAR requirement. This ordinance provides, in relevant part: ‘When a petitioner is proposing to have more square footage of accessory buildings than the 3% limit allows or as excepted above, the Board of Adjustment may grant a Special Exception to the above requirement in accordance with the procedure as outlined in Section 19 of this Ordinance.”

Dist II, Hue, J., Nettesheim, J.

Attorneys:

For Appellant: August E. Fabyan, Hartland

For Respondent: William J. Domina, Waukesha; Dean B. Richards, Delafield