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Redefining "Floor Area"
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Published: November 9, 2011
Author: Peter Conrad
Propp v. Sauk County Board of Adjustment, 2010 WI App 25, 323 Wis. 2d 495, 779 N.W.2d 705.
Issue: Definition of “floor area” in the minor structure exception to shoreland setbacks – Wis. Stat. § 59.692(1v)
Propp owns a residence on Lake Wisconsin. She wanted to add a deck to her residence. She began construction on a 15-foot wide deck, 10 feet of which were within the 75-foot setback from Lake Wisconsin. After construction began, the county stopped construction due to the encroachment.
Propp proposed to remove the floorboards of the water ward most 5 feet of the deck, which would have the effect of reducing the floorboard area of the deck to less than 200 square feet in the shoreland setback. Propp then applied for a permit under Wis. Stat. §59.692(1v). The county denied the permit, reasoning that despite the removal of the floorboards, the remaining structure within the setback area was in excess of 200 square feet. Propp appealed the county’s decision to the board of adjustment (BOA). The BOA upheld the decision of the department.
The circuit court reversed, holding that the term “floor area” in the statute refers to the portion of the deck upon which a person can stand. The Court of Appeals affirmed using the plain meaning of the statutory text.
For more information on zoning in Wisconsin, contact Peter Conrad at 608.260.2483 or pconrad@axley.com.
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