02-2561 Rasin v. County of Walworth, et al. (59205)

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Rudolph S. Rasin and Joy Peterkin Rasin (the Rasins) appeal a judgment and order of the circuit court affirming a decision of the Walworth County Land Management Committee (Land Management Committee) granting Richard H. Driehaus a variance to side yard setback requirements. The Land Management Committee first granted Driehaus a conditional use permit to establish a planned residential development on his property on the condition that Driehaus obtain a variance to side yard setback requirements. The Land Management Committee later granted Driehaus that variance and the Rasins filed this appeal. The circuit court ruled that under applicable Walworth county zoning ordinances, a variance was unnecessary and thus affirmed the Land Management Committee’s granting of the conditional use permit, striking the variance requirement as surplusage.

The Rasins first argue that applicable county ordinances require a variance and that the Land Management Committee lacked jurisdiction to grant the variance because the Walworth County Board of Adjustment has exclusive authority to grant variances. In addition, the Rasins argue that even if the Land Management Committee had jurisdiction, the record does not support a finding that a variance was justified.

We agree that the variance should not have been granted and therefore reverse the judgment and order of the circuit court.

Not recommended for publication in the official reports.

Dist II, Walworth County, Race, J., Snyder, J.

Attorneys:

For Appellant: Lisle W. Blackbourn, Elkhorn; Michael J. Frazier, Elkhorn

For Respondent: Robert Horowitz, Madison; Matthew P. Dregne, Madison