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, January 23, 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.  
4 -  
Present  
Secretary SUE STUDZ, ALEXANDER ELKINS, GEORGE CORRIGAN, 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 November 21, 2024 public hearing  
Board of Adjustment  
1. 2024  
MIN-384  
Sponsors:  
Attachments: 11-21-2024 PH Minutes  
STUDZ to approve the minutes. Motion carried.  
4 - STUDZ, ELKINS, CORRIGAN and LONG  
Ayes:  
Minutes of the January 9, 2025 site inspection meeting  
2. 2024  
MIN-385  
Board of Adjustment  
Sponsors:  
Attachments: 01-09-2025 SI Minutes  
STUDZ to approve the minutes. Motion carried.  
3 - STUDZ, ELKINS and LONG  
1 - CORRIGAN  
Ayes:  
Abstain:  
D. Public Hearing for Appeals  
1. 2024  
BOA-005  
Appeal 3731. Appeal by Windy Hill Family Farm, LLC (Christopher T. Nelson,  
agent) requesting a variance from minimum required setback to a road as provided by  
section 10.102(9)(a)2.c., Dane County Code of Ordinances, to permit the  
construction of a barn at 8 Craig Rd, being a tract of land in the SE ¼ of the SE ¼,  
Section 12, Town of Albion.  
Board of Adjustment  
Sponsors:  
Attachments: Appeal 3731 Staff Report  
Variance ltr-Trick 2025  
Windy Hill Family Farm LLC Variance Application w Attachments  
DCPZP-2008-00760  
Chair Long opened the public hearing.  
Assistant Zoning Administrator, Hans Hilbert, provided a staff report of the appeal and  
answered questions of the Board.  
Attorney Chris Nelson, along with property owners Cheri and Bill Trick, spoke in favor of  
the variance request and answered questions of the Board.  
Hilbert relayed that the Zoning Administrator had no concerns or other comments related  
to the appeal.  
Two neighbors provided testimony in support of the variance request:  
Claude Rademacher  
David Boie  
No parties spoke in opposition to the appeal and the Chair stated that a rebuttal was not  
needed.  
Facts of the Case:  
Existing:  
• After a previous barn was destroyed by fire, a replacement barn foundation was  
permitted and completed between 2008 and 2011. The 2008 permit expired prior to the  
completion of the new barn, and the barn has not been completed.  
Proposed  
• Owners propose to complete the barn as planned and approved in 2008.  
Communications: Town of Albion, July 25, 2024 acknowledgement, January 8, 2025  
recommending approval.  
Conclusions:  
1) Unnecessary Hardship: It would be unreasonable to require a property owner to  
relocate an existing structure and building that had previously been approved and been  
continued to be developed over time due to a technical change during the comprehensive  
rewrite of the zoning ordinance in 2018.  
2) Unique Limitations of the Property: A barn has existed in the proposed site since prior  
to the current family ownership dating back to the 1950's. The applicant had previously  
obtained relief in 1995 determining that relief was warranted. The road creating the  
setback encroachment was constructed after the original barn existed.  
3) No Harm to Public Interests: The Town of Albion Board and Public Works Director  
supports the variance and  
did not point out any safety concerns. Previous safety concerns (from the 1995 variance)  
were mitigated with traffic control that is still in place.  
STUDZ to approve 33 feet of relief from the required front setback as proposed to  
allow the completion of the barn. Motion carried.  
4 - STUDZ, ELKINS, CORRIGAN and LONG  
Ayes:  
E. Appeals from Previous Meetings  
F. Reports to Commitee  
G. Other Business Authorized by Law  
H. Adjournment  
STUDZ to adjourn. The Board adjourned by consensus at 8:47 pm.