Rice County

Action Item

Variance / Hogan - Section 25, Shieldsville Township


Department:Environmental ServicesSponsors:
Category:Variance - ShorelandMeeting Groups:Board of Adjustment


  1. Staff Report 09 25 Hogan replacement home (This file has not yet been converted to a viewable format)
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  5. Hogan Variance

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

Sep 7, 2017 6:30 PM  Board of Adjustment BOA Regular Meeting


1. The variance is to allow for replacement of an existing home to be located 40-ft from the Road Right of Way and 5-ft from an existing garage, subject to compliance with all other Ordinance regulations.

2. A building permit shall be obtained and construction of the building started within one year of the variance approval or the variance will be void.

3. Failure to comply with the terms of this variance may result in termination of the Variance.

Zoning Administrator Trent McCorkell (TM) presented the request to the Board of Adjustment (BOA)

The BOA asked the applicant, Christopher Hogan (CH), to come forward to add comments or answer questions regarding the request.

CH - looking to replace home due to tree falling during storm in June that had demolished home.

MS - replace in exact location?

CH - yes, moving out current house and moving new one in.

Vice Chair Streiff opened the public testimony portion of the item to the public and no one spoke:

Vice Chair Streiff closed the public testimony portion of the item to the public.


PB - cut and dry - 3 conditions with replacing existing home.

Motion to approve with stated conditions and seconded.

The Board of Adjustment reviewed the variance application, including the conditions as stated above. The findings, based on the following criteria from Section 503 of the Zoning Ordinance, were read by Bauer:

· Proposed use is allowed in the property’s zoning district;

· Request is in harmony with the general purpose and intent of the Zoning Ordinance and consistent with Comprehensive Plan;

· Applicant proposes to use the property in a reasonable manner not permitted by the Ordinance;

· The request stems from circumstances unique to the property, not one created by the landowner;

· If granted, this variance will not alter the essential character of the locality nor have any significant impact on the surround properties;

· This is the minimum variance necessary to afford relief;

· Adequate sewage treatment and water capabilities can be provided;

· The variance would have no significant impact on public health or safety; and

· Special privileges are not conferred to the applicant that are denied owner of other lands, structures or buildings in the same district.

The following additions to the findings were noted by staff: TM- replacing damaged home in existing location and there is a large right of way in front of the home.

The findings were read by Bauer with the conditions as stated above and with the following additions by staff:

Motion carried with the stated conditions and findings.

MOVER:Preston Bauer
AYES:Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters
ABSENT:Joe Horejsi