Barn out of compliance receives a reprieve

Prospective buyer plans to convert structure into living quarters and storage, request more time to get a building permit
Ozaukee Press Staff

A pole barn on property along Hillcrest Road will be allowed to stand for another nine months despite it conflicting with zoning requirements.

The zoning conflict is the result of a land division of about 52 acres of farmland at 2445 Hillcrest Rd.

In Fall 2020 Dan Moffett sought to divide the property into three lots. The change required the property be rezoned from A-2 to A-4, types of agricultural zoning.

Town Chairman Kevin Kimmes said when the certified survey map was approved about a year ago that the Plan Commission required a building permit had to be pulled to construct homes on the three lots within six months.

Two of the lots were purchased and built on, but a building permit was not obtained for the third lot, on which there is a pre-existing pole barn.

Town zoning requirements do not allow pole barns to stand on a property without a residential structure.

The 17-acre lot, located just south of 2445 Hillcrest Rd., is still owned by Moffett but prospective buyers are considering building on the land.

Because the agreed upon time limit to acquire a building permit has been surpassed, Kimmes said it’s possible that the Plan Commission could seek legal guidance to have the pole barn razed.

“The primary building is not the use that’s guided for that parcel,” he said.

Prospective buyers of the property have requested that the town extend the deadline to allow time to acquire a building permit. Kimmes added that there are several reasons the interested buyer has not taken steps to build on the land yet.

“Issues that have been cited include the cost of building materials and the backlog of construction materials,” Kimmes said.

Another reason there has been a delay in building on the lot is whether or not a prospective buyer can build a unique home there.

A prospective buyer said they are interested in converting the existing pole barn into a “barndominium.” The proposed structure would split the barn into two, with one half being an up-to-code living space and the other half a storage space.

The Plan Commission unanimously granted a nine month extension for a building permit to be pulled for the lot on March 8, but Kimmes said the barndominium matter will have to be taken up at a later meeting.



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