Lauderdale Lakes Management District (the District) owns property with wetlands that is zoned Lowland Resource Conservation District which was set up to protect and preserve county lakes and other water ways. The District sought to obtain a zoning permit to raise the walkways and deck on the property but the permit application was denied. When the District appealed to the Zoning Board of Appeals (the Board) by filing a petition for a variance, it too was denied. The reasons given included: the request did not meet the necessary criteria for variances; the property was a wetland and in a floodplain; granting the variance would affect the property and approval of such a request would undermine the purpose of the zoning ordinance.
On appeal, the Court held that the Board’s interpretation of the ordinance was correct and it acted with proper authority in denying the variance. Further, the Court stated that the Board had properly applied and interpreted the correct law. Moreover, the Board’s decision was reasonable and based on the evidence that the property was a wetland and in a floodplain, and that the requested changes to the property would allow larger groups of people to congregate on the property.
Lauderdale Lakes Management Dist. v. Walworth, 2011 WL 891035 (Wis.App. 3/16/2011)
The opinion can be accessed here
If you think this is interesting, you should read Paula Franzese’s new “A Short and Happy Guide to Property.” It really brings many of these issue down to Earth and makes it easy to comprehend and understand. It’s pure gold. Her breakdow of the zoning in particular is amazing.
By: Javier Diaz on April 10, 2011
at 7:15 pm