2010AP2530 State ex rel. Mueller v. Chippewa County Zoning Board of Adjustment

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Property
Zoning; variances; undue hardship

The Chippewa County Zoning Board of Adjustment appeals a circuit court judgment reversing its decision to deny Mark and Barbara Mueller an after-the-fact area variance. The Board contends the Muellers did not make the unnecessary hardship showing required to obtain an area variance because: (1) the alleged hardship is not unique to their property; (2) the hardship was self-created; and (3) there were alternative means of alleviating the hardship that would not have required a variance. We conclude the Board could not reasonably make these findings based on the evidence before it. We also conclude the Board proceeded on an incorrect theory of law when it denied the Muellers’ variance based in large part on the after-the-fact nature of their request. We therefore affirm the circuit court. This opinion will not be published.

2010AP2530 State ex rel. Mueller v. Chippewa County Zoning Board of Adjustment

Dist III, Chippewa County, Cameron, J., Per Curiam

Attorneys: For Appellant: Ferg, Robert A., Chippewa Falls; For Respondent: Steiner, Erwin H., Eau Claire

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