Boathouse stirs up emotions
DNR hearing ends up a heated debate
Michael Begler's boathouse on Upper Oconomowoc Lake is almost complete, but his neighbor Carol Uebelacker wants it torn down
Uebelacker maintains that the structure violates the deed restrictions and agreement of the Upper Oconomowoc Lake Association. Uebelacker has filed a civil lawsuit against Begler.
And now the state Department of Natural Resources is also involved, as Begler is grading more than 10,000 square feet of the lake's bank for the boathouse, which requires a Chapter 30 permit. A public hearing was held Tuesday over whether the permit should be granted.
Debate among residents at the meeting had little to do with the environmental impact of the boathouse but more on whether they thought the structure would create an "eyesore" for lake residents and violate the deed restrictions attached to their properties.
Agreement history
According to Uebelacker, Begler's boathouse on his property at N52 W35577 West Lake Drive violates deed restrictions because boathouses are not permitted that are not attached to the home itself.
The Upper Oconomowoc Lake Association and its Architectural Control Committee was created in 1961 to controlling properties on the lake and has the power to approve or deny construction plans for residences and other structures such as boathouses.
Uebelacker filed a civil lawsuit against Begler on May 5 against construction of the boathouse. "The spirit of the people is that they don't want boathouses," Uebelacker said. She said in that a 2002 survey of the neighborhood indicated the majority did not want them in the neighborhood.
But Begler said he has had more positive than negative reactions to the boathouse continually gets compliments from people passing by on their boats.
A motion hearing is planned for Aug. 13.
Permit requirements
Begler said he wasn't aware of the state law that requires a Chapter 30 permit for grading more than 10,000 feet on the lake bank. Andrew Hudak, a DNR water management Specialist who conducted Tuesday's hearing, said he was informed of Begler's project by a lake resident on May 3. By that time, Hudak said the boathouse was nearly complete and construction of the home was well under way.
Hudak said it is the owner's responsibility to get required permits, and added that obtaining a Chapter 30 permit
is a lengthy process that can take one to three months or even years to approve, depending on the size of the project. For approval, an applicant must prove:
• Whether navigation is materially obstructed
• Whether there is detriment to the public interest, including fish and wildlife, natural scenic beauty or water quality
• Whether the flood flow capacity of a stream is materially reduced.
Begler maintains that his boathouse does not violate those standards.
He said Tuesday that he has added sod and trees to aid erosion control. The boathouse is a dry boathouse and Begler said he placed it an extra 2 feet from the floodplain boundary for reassurance.
He said it has no adverse effects on wildlife and added that a family of muskrats lives in front of the boathouse.
Begler said the design and placement of the boathouse does not compete with the natural scenic beauty because of the colors he used and that he did not include a large platform deck on top of the boathouse.
Begler said he is using the boathouse primarily for storage of his children's kayaks and floats and will do his best to keep them picked up and the area maintained.
Opposition
But Uebelacker claims that navigation is obstructed by the boathouse because her daughter can no longer take her paddle boat to the end of the bay, because she cannot safely watch her as Begler's boathouse obstructs her view.
She also said it is detrimental to the public interest because of Begler's lack of respect for the deed restrictions and decision to build the boathouse in violation the association's agreement.
Uebelacker also claims the natural scenic beauty is compromised because the Upper Oconomowoc Lake subdivision was designed with the intent to have rolling lawns unobstructed by fences and boathouses.
Residents spent about 40 minutes debating the merits of the boathouse, spending little time on the issues of the grading, before Hudak concluded the session by advising people they have 10 days to submit written comments to him.
After the 10-day period is over on July 17, Hudak has 30 days to decide whether to approve, deny or modify Begler's application.
Hudak said every day that Begler continues construction on the site, he is in violation of the Chapter 30 permit, but the DNR has no power to stop construction. "He was in violation the first day he went over 10,000 square feet," Hudak said.
"The meeting itself was a pretty heated meeting and a lot of the emotion stemmed from a homeowners agreement, and that's something we can't control as the DNR," Hudak noted, saying any decision he makes is solely based on Chapter 30 law.
Begler pointed out that the hearing was not a referendum for boathouses on the lake, it was a DNR hearing for grading.
"We feel as though we've done everything according to the law," he said. "There have been numerous assaults on us, someone gets called every day and we have to take time out of our day to deal with this. That's time I'd rather be spending with my children … all over a boathouse I had permission to build," Begler said.
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