A proposed garage expansion cleared a key hurdle, but a contentious lakefront boathouse dispute remains unresolved after a lengthy Zoning Board of Appeals meeting this week.
The board approved a setback variance for a Butler Road property after weighing neighborhood concerns, while opting to hold off on a separate interpretation request tied to a collapsed boathouse and conflicting zoning guidance.
Garage expansion gets approval despite neighbor concerns
The board unanimously approved an 18-foot rear setback variance for a property at 5000 Butler Road, allowing homeowners Valerie and Kurt Knoblach to build a third garage bay onto their existing structure.
The addition, roughly 26 by 40 feet, extends into the required setback due to site constraints that include lot configuration, a nearby stream, and underground utilities that cannot be moved.
Board members acknowledged the size of the proposed garage — effectively expanding it to accommodate multiple vehicles and equipment — but ultimately agreed the limitations of the property left few viable alternatives.
Neighbors raised concerns about the scale of the project and loss of trees and screening, arguing it would further open sightlines between properties and alter the character of the area.
Still, the board concluded the benefit to the applicant outweighed potential impacts, noting similar nearby structures and the unique topography of the lot.
Approval came with conditions, including requirements for additional landscaping or screening to reduce visual impact on neighboring properties.
Boathouse dispute exposes zoning gray area
A second, more complex case involving a lakefront boathouse at 5057 County Road 16 drew extended discussion but no final decision.
The applicant is seeking an interpretation that would allow reconstruction of a collapsed boathouse under a pre-existing nonconforming status — a designation that typically permits rebuilding structures that no longer meet current zoning rules.
At issue is timing.
Town code requires nonconforming structures that are significantly damaged to be rebuilt within 18 months. In this case, the boathouse collapsed around 2020, but reconstruction was delayed as part of a larger, multi-year property redevelopment.
The applicant argued they relied on a 2021 certificate issued by a former code enforcement officer stating the structure could be replaced, and said there was no explicit timeline included in that document.
Current code enforcement officials, however, maintain the 18-month rule still applies, meaning the window to fully rebuild the structure has expired.
That distinction carries major consequences:
- If treated as a valid nonconforming structure, the boathouse could be rebuilt as-is
- If not, it would be subject to current waterfront regulations, which could prohibit rebuilding altogether or require a significantly different structure
Board members openly wrestled with the situation, describing it as a “bureaucracy mess” shaped by conflicting interpretations, staff turnover, and unclear communication during the planning process.
They also explored a potential workaround: the structure could potentially be repaired incrementally — rather than demolished and rebuilt — but acknowledged that approach would be more costly and complicated.
Decision delayed
Rather than force a split decision, the board chose to keep the public hearing open and delay a final ruling on the boathouse interpretation.
Members indicated they want more time to review the legal and procedural questions, including how much weight to give the earlier certificate and whether the situation warrants an exception.
Bottom line
The meeting underscored two very different realities of zoning review:
- Routine variance requests, even when contested, can be resolved with conditions and precedent
- More complex cases — especially those involving nonconforming uses and waterfront rules — can quickly turn into legal gray areas with long-term implications
The garage project will move forward. The boathouse case, however, remains unsettled — and could hinge on how the board ultimately balances strict code interpretation against reliance on past guidance.
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