Board grants variance allowing Kent Fish to replace dilapidated lake house on 40-foot lot

Kent Fish, the property owner and applicant, won approval from the Marquette County Board of Adjustment to replace a dilapidated lake cottage with a new dwelling that requires a reduced side-yard setback.

At the hearing, staff explained that Fish’s parcel is legally a 40-foot-wide lot in a lakeshore area and that the county ordinance requires a 10-foot side-yard setback. Fish requested a variance to allow a 7.5-foot setback for the proposed 20-foot-wide house, arguing that the lot’s narrow width creates an unnecessary hardship. Fish told the board: "The house that's there had a tree fall on it and it's had raccoons in it for many years and so it's not really a house that we want to try to renovate. We want to tear it down and it's going to make everything nicer." (Kent Fish, applicant.)

Staff and the applicant provided drawings, a site plan and a town letter describing local support. Neighbors who spoke said they were not opposed to rebuilding but wanted clarity about lot history, easement access and parking. Board members reviewed the packet evidence and focused deliberations on the ordinance standard that an area variance may be granted when strict application of the ordinance would prevent reasonable use of the property.

Board members concluded the record showed a unique physical limitation (a 40-foot width) that prevented a conforming house from being built without excessive restriction. Members also noted that replacing the existing, uninhabitable structure and upgrading the septic system would reduce environmental risk to the lake. The board voted to grant the variance, with members stating the application met the statutory and local criteria for unnecessary hardship.

The decision is a final administrative action that may be appealed to circuit court under Wisconsin Statute 59.694(10) within 30 days of the decision filing, as described in the hearing notices. The board closed the Fish matter and proceeded to the next agenda item.