One requested variance was considered at the May 16 meeting of the Board of Adjustment. Stena and Andrew Lieb, section 20 of Pilot Mound Township, requested a variance from the county’s Zoning Ordinance that limits the number of dwelling units per quarter of a quarter section in the Ag District. Section 604.02 (1) reads, “There shall be no more than a total of two dwellings per quarter of a quarter section of land in the Ag District.”
The Liebs began the process of purchasing the property from her parents Richard and Winifred Unnasch in 2018. Her parents have the second dwelling on the quarter of a quarter section. They were not aware that they were in violation of the county’s ordinance.
The small cabin that they are requesting to continue to use as a dwelling is over 150 years old, giving it historical value. It was the original homestead on the property. Lieb explained the cabin was used for a dwelling until it was used for a calving house when she was a child; then, it again was used for a dwelling for about 25 years now.
Her dad renovated the cabin in the 1990s; the upgrading of the cabin has continued since then. There is no running water or septic for the cabin.
Since being renovated, the cabin has been used as a dwelling for family or friends to stay during a visit. Up until 2018, visitors or farm workers used the cabin.
Over the last few years, the cabin was advertised for use as an Airbnb.
Land use director Blake Lea explained the county became aware that the Liebs were violating the ordinance by accident. A new septic system was needed for their house, which led to the notice of the Airbnb advertisement (Cozy Cabin) and the existence of the cabin.
During the public hearing, neighbors on Hot Iron Dr., which is a dead end road, expressed concern about increased traffic on the gravel road. Joe Forrer said the Liebs are wonderful people, but the Airbnb has increased traffic over the last few years. He said it is a safety issue and reduces enjoyment of their property. Cindy Forrer explained the township road is essentially a single lane; there are safety and privacy concerns. Stena Lieb noted the increased traffic was partially due to their teenage drivers; the Liebs have five children.
Board members discussed options, allowing use of the cabin for people to stay in while staying within the confines of the ordinance. Two options were discussed. One was to get their property permitted as a campground. Getting permitted as a campground is an option which requires approval from the Department of Health and a conditional use permit from the county.
County Attorney Brett Corson suggested approval of a campground on a gravel road is unlikely. The property lies between the shores of the Root River and Trout Run. Lea added that a campground can’t open 300 feet from shoreland.
Cristal Adkins suggested they do have an option to relocate the cabin to another quarter of a quarter section (northwest, northeast) of their property, where there currently are no dwellings.
The real issue for the board was the fact that a variance goes with the property; it can’t be revoked. Once a variance is approved for an additional dwelling, the owners of the property could remove the cabin and build a mansion.
The fact that one of the upgrades (in 2008) to the cabin was a concrete foundation makes the cabin a permanent structure. Corson agreed once there is approval of a permanent structure, it can be replaced with any size dwelling.
Gary Ruskell asked if the people who have stayed in the cabin were 80% fishermen. Stena said that is possible.
Lea made it clear a variance would be allowing three dwellings on the quarter of a quarter section and the variance will be recorded and run with the property.
Corson insisted they will need to discontinue using the cabin as a dwelling.
A motion to deny the variance request was approved 4-1. Ruskell voted against, saying, “We should keep our mouths shut about being the Trout Capital,” a reference to the use of the cabin by fishermen.
Andy Bisek said the real issue is setting a precedent by allowing this one variance, and that they should try the campground route. Most of the board members generally felt this was a difficult decision, but the only decision.
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