Variance-Interpretation of Zoning Ordinances

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WI Court of Appeals – District III

Case Name: Jerry T. Synkelma v. Vilas County Board of Adjustment

Case No.: 2023AP000455

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Variance-Interpretation of Zoning Ordinances

Synkelma appealed a circuit court’s denial of certiorari relief regarding a decision by the Vilas County Board of Adjustment. The Board had refused Synkelma’s request for an after-the-fact variance for a patio and retaining walls built within 35 feet of the Ordinary High-Water Mark (OHWM) of the Manitowish River, violating local zoning ordinances. Synkelma argued that his actions were justified due to safety concerns and erosion prevention following tree removal.

The court affirmed the Board’s decision, finding no error in its denial of the variance. Synkelma had failed to obtain permits before construction, and his claim of a right to create an access and viewing corridor did not extend to building retaining walls or a patio under local ordinances. The court held that the Board acted within its authority, correctly interpreted the zoning ordinances, and its decision was not arbitrary. Synkelma’s appeal contended procedural errors and misapplication of the law, which the court rejected, affirming the denial of the variance.

Affirmed.

Decided 06/25/24

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