Judge orders mediation for homeowner, town in garage apartment dispute

An Ozaukee County judge has ordered a homeowner and the Town of Saukville to go to mediation to resolve a dispute over an apartment the owner built over a garage, which the town says is an illegal structure and should be removed.

Ozaukee County Circuit Judge Joseph W. Voiland gave Reed Horton and the town until Jan. 31 to reach an agreement.

The town sued Reed and Jeanne Horton for building what the town considers to be a second home on their property, violating a town ordinance.

The Hortons say it’s a matter of miscommunication and that they received permission from the town’s Plan Commission in 2015 to replace a garage structure at 3150 Highview Rd. that included a second-story apartment above the garage.

The original plan showed a “bonus room” over the garage that the Hortons said would be a work space for Jeanne Horton.

When a town inspector showed up, the project included a bathroom, kitchen and bedroom, making it a dwelling unit in addition to the house already on the property. Town ordinances don’t allow second dwelling units on single-family lots.

The Hortons say they were misinformed about the ordinance by a former town clerk and that tearing out what they have already installed would be costly.