Fabyan v. Waukesha County Board of Adjustment

¶ 1. Dona J. Fabyan appeals from a circuit court order upholding the grant of a special exception to the floor area ratio (FAR) requirements of the Waukesha County Shoreland and Floodland Protection Ordinance to John Selix and Nancy Bonniwell (the owners) by the Waukesha County Board of Adjustment. Fabyan argues that the Board acted under an incorrect theory of the law in that the grant of the special exception was actually a disguised grant of a variance pursuant to Wis. Stat. § 59.694(7)(c) (1999-2000). Treating the grant as a variance, Fabyan then argues that the owners failed to…