Dane County  
Minutes - Final Unless Amended by  
Committee  
Board of Adjustment  
Consider:  
Who benefits? Who is burdened?  
Who does not have a voice at the table?  
How can policymakers mitigate unintended consequences?  
Thursday, June 26, 2025  
6:30 PM  
Hybrid Meeting: Attend in person at the City  
County Building, Room 357.  
A. Call To Order  
Chair Long called the meeting to order at 6:30 pm and introduced the members  
of the Board.  
Also Present: Staff: Hans Hilbert, Assistant Zoning Administrator  
5 -  
Present  
ARLAN KAY, Secretary SUE STUDZ, GEORGE CORRIGAN, TRAVIS LEESER,  
and AL LONG  
B. Public Comment for any Item not listed on the Agenda  
No public comments were made.  
C. Consideration of Minutes  
Minutes of the April 24, 2024 Public Hearing  
Board of Adjustment  
2025  
MIN-144  
Sponsors:  
Attachments: 04-24-2025 PH Minutes  
STUDZ to approve the minutes. Motion Carried.  
3 - STUDZ, CORRIGAN and LONG  
2 - KAY and LEESER  
Ayes:  
Abstain:  
Minutes of the June 12, 2025 Site Inspection  
Board of Adjustment  
2025  
MIN-145  
Sponsors:  
Attachments: 06-12-2025 SI Minutes  
STUDZ/LEESER to approve the minutes. Motion Carried.  
4 - KAY, STUDZ, LEESER and LONG  
1 - CORRIGAN  
Ayes:  
Abstain:  
D. Public Hearing for Appeals  
1. 2025  
BOA-001  
Appeal 3736. Appeal by Mark Rettenmund, (Derick Rettenmund, agent) for a  
variance from the minimum required setback to a highway as provided by Section  
10.102(9)(a)2.a., Dane County Code of Ordinances, to permit an existing farm  
building and addition thereto at 4873 State Highway 78 being a tract of land in the SE  
¼ of the SW ¼, Section 35, Town of Black Earth.  
Board of Adjustment  
Sponsors:  
Attachments: Appeal 3736 Staff Report  
Page 11 from  
STH78-VERMONT-BLACKEARTH-BLUEMOUNDS_5600-00-21  
Survey 2012-00571  
Survey 2022-01718  
Previous Appeal 844  
Previous Appeal 844_BOA_Minutes  
DCPZP-2022-00455  
Rettenmund-4873 State Road 78-Town Board Approval for Variance  
Dane-County-Variance-Application- Rettenmund 4873 State Road 78  
Black Earth  
Rettenmund-4873 State Road 78-Variance Application Supporting  
Points  
Rettenmund-4873 State Road 78- Agent Acknowledgement  
Rettenmund-4873 State Road 78 Areal of Property with Flood Plane  
Rettenmund-4873 State Road 78 Property Specifications and Plans  
Rettenmund-4873 State Road 78 Topographic Map  
VARIANCES REQUESTED: Purpose: Compliance for existing barn and  
addition thereto  
Setback from Road Variance:  
Minimum setback from right-of-way required: 42 feet.  
Actual Setback: From front lot line: 24 feet.  
VARIANCE NEEDED: 18 feet.  
Assistant Zoning Administrator (AZA) Hilbert presented a Staff Report reporting  
facts of the case.  
IN FAVOR: Derick Rettenmund, agent for owner, spoke in favor of the variance  
request.  
ZONING ADMINISTRATOR’S COMMENTS:  
Hilbert relayed that the Zoning  
Administrator stated it was an unfortunately mistake that the existing building  
was misplaced by relying on how it was sited by a licensed professional. The  
Zoning Administrator felt it was highly unlikely that future highway needs would  
expand on the down-slope side of the highway as the DOT had obtained  
additional lands on the up-slope side. The Zoning Administrator did not feel that  
the existing building or the proposed addition would create any harm to the  
public.  
OPPOSED: [None. The Chair stated no rebuttal was needed.]  
Facts of the Case:  
Existing:  
·
·
The existing use of the property is a dairy farm with various farm accessory  
buildings and a single family residence.  
In 2022 a zoning permit was issued to the owner to construct a new barn.  
The site plan identified a 42-foot minimum setback to the state highway  
right-of-way and a requirement that a location survey be provided.  
The owner worked with a surveyor to site the barn based on the 42 foot  
setback, but it was staked out at 24 feet from the right-of-way.  
The building was completed with the understanding that it was in  
compliance with the required setback.  
·
·
·
A steep slope exists between the highway and the new barn.  
Proposed  
·
·
In 2025 the owner sought a zoning permit to place an addition to the south  
end of the 2022 barn, at this point Dane County Zoning became aware of the  
non-compliance.  
The owner seeks to bring the existing barn into compliance by obtaining a  
variance. Relief is also being sought for the proposed addition, as this was  
the intention of the building placement in 2022 as well.  
Zoning Notes:  
·
The Zoning Administrator is not pursuing corrective action on the existing  
barn given the extenuating circumstances of reliance on information  
provided by a licensed professional (surveyor), however zoning permits will  
not be issued for additions to the structure unless the existing structure is  
brought into compliance with the ordinance.  
·
Around 2010 the zoning ordinance was amending to require that farm  
accessory buildings obtain zoning permits. Prior to the change it was  
common for farm accessory buildings to be build out of compliance with the  
ordinance and require either removal or a variance to allow the buildings to  
remain.  
History  
·
1979, Variance 844 granted for 25 feet of relief from the required setback to  
allow existing non-conforming house to be relocated with an attached  
garage encroaching into highway setback  
·
·
·
1979, Zoning permit for new residence (31789)  
1980, Zoning permit for accessory building (32076)  
2021, Zoning permit DCPZP-2021-00674 issued for new pole shed with  
dairy milking operation to replace old hog barn  
2022, zoning permit DCPZP-2022-00455 issued for new barn. (SEE  
ATTACHMENT)  
·
·
·
2025, application for extension of 2022 barn, setback non-compliance  
issued identified  
Violation History: Non-compliance with required highway setback  
COMMUNICATIONS:  
Town of Black Earth: 5/25/2025 acknowledgement, Town Board Action:  
6/3/2025, “"Dane Co. Board of Adjustment - variance application, Mark/Derick  
Rettenmund, 4873 State Hwy 78. Derick Rettenmund explained that the  
application requests a variance from the minimum required setback from a  
highway, allowing for the construction of an addition to the existing farm  
accessory building. Joann Bennett moved and Barb Parrell seconded the  
motion to support the variance application to the Dane County Board of  
Adjustment as presented. Motion carried. 3-0."  
Dane County Surveyor: “It appears that DOT purchased a large amount of  
land east of the highway to avoid getting closer to the farm buildings.” (See  
Page 11 from 1988 Transportation Plat)  
Conclusions:  
1) Unnecessary Hardship: The applicant relied on the professional expertise of  
a licensed professional, however that expertise resulted in a mistake, and  
such a hardship is not self-imposed. It would be unreasonable to require  
the removal of the existing building, and not allow the addition to be placed  
inline with the existing building.  
2) Unique Limitations of the Property: The location of the farm is adjacent to  
the Village of Black Earth boundary creating a contrasting location between  
a rural and more urban setting.  
It is unlikely that the highway will be  
expanded in the down-slope direction. Requiring the proposed addition to  
conform to the ordinance would result in animal and air circulation issues  
created by the physical nature of the landscape.  
Moving the structures  
further from the highway push the building closer into to a flood hazard zone  
and into farmland within the farmland preservation zone.  
3) No Harm to Public Interests: There are other buildings closer to the highway  
than what is being proposed. The speed limit of the road in this location is a  
deceleration zone into the village so vehicles are traveling slower.  
STUDZ to approve 18 feet of relief as requested to permit the existing building  
and addition. Motion carried.  
5 - KAY, STUDZ, CORRIGAN, LEESER and LONG  
Ayes:  
E. Appeals from Previous Meetings  
F. Reports to Commitee  
Discussion of possible revisions to rules and procedures  
2025  
DISC-009  
Board of Adjustment  
Sponsors:  
Attachments: BOA Rules and Procedures DRAFT 2025 Revisions_memo  
BOA Rules and Procedures DRAFT 2025 Revisions  
The Board will continue to provide feedback to staff for a future revision to the  
rules and procedures document.  
G. Other Business Authorized by Law  
H. Adjournment  
STUDZ to adjourn. The Board adjourned by voice vote at 7:40pm.