Rice County

Action Item

Variance / Bodensteiner - Section 13, Shieldsville Township


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


  1. 09131 Bodensteiner V (This file has not yet been converted to a viewable format)
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  5. Chappuis 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 a Septic Holding Tank to be located 26 feet from the OHWL of French Lake as shown on the applicants submitted site plan, subject to compliance with all other Ordinance regulations.

2. Submitted plans shall be followed.

3. Proposed tank to be vacuum tested for watertightness and be equipped with an audible/visual alarm notification device.

4. This variance shall be void if a septic permit for the proposed tank is not obtained and the tank installed within one year of the variance approval.

5. 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)

TS - has there been any discussion with the owners of cabins to be on a community septic system?

TM - not at this point, there is a large parcel with many leased cabins that could possibly benefit from a community system.

MS- whose idea was this to update? the applicant, or does the county keep track of them as of a certain age?

TM - there are triggers that lead to a system to bring in to compliance, such as a shore land building permit, property transfer, etc.

The BOA asked the applicant, Dan Bodensteiner (DB), to come forward to add comments or answer questions regarding the request.

TS - asked applicant if he is aware of any discussions of a community septic system.

DB - not that he is aware of. I just purchased property a few months ago, one of the requirements was to replace the septic tank.

PB - will this be done this fall yet?

DB - yes, hoping this fall.

Vice Chair Streiff opened the public testimony portion of the item to the public and the following spoke:

Dale Kuchinka (DK) - Shieldsville Township official, and lives a quarter mile down, he stated that there has not really been a discussion on a cluster septic system, as most owners have their own holding tanks, and there is not enough land to install a system.

TS - asked if a lot of tanks are old like this one?

DK - there have been some systems that were recently updated.

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


CP - this was part of a discussion at township meeting, and has seen the engineering report on tanks, it is a good system, has many alarms.

PB - this is unique to the property, nice to see upgrades, and he doesn't have much land to work with.

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 Peters:

· 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 - property is located near a steep hill, there is limited space for tank placement.

Motion carried with the stated conditions and findings.

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