HEARING BEFORE THE
SAWYER COUNTY BOARD OF APPEALS
20 APRIL 2004
Board of Appeals = BOA
AV = Arvid Vallem, Chairman
RZ = Ray Zubrod
AG = Alan Gerber
KZ = Kenneth Zeroth
LN = Larry Neff
LR = Laura Rusk, 1st Alternate
HB = Howard Brossard, 2nd Alternate
Zoning Administration = ZA
WAC = William A. Christman, Zoning Administrator
CY = Cindy Yackley, Deputy Zoning Administrator
1) Call to Order and Roll Call
AV calls the Public Hearing before the Sawyer County Zoning Board of Appeals to order at 7:00 P.M. in the Sawyer County Courthouse, 10610 Main St., Hayward, Wisconsin. Roll is called finding present: AV, AG, KZ, LR, RZ, WAC, and CY.
2) Statement of Board and Hearing Procedures.
Those wishing to speak will be afforded the opportunity provided they identify themselves. AV gives order of submitting files to BOA, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline.
3) Statement of Hearing Notice.
Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on March 31 and April 7, 2004. AV gives agenda outline.
1) Town of Bass Lake – Thomas W. Bruggeman et ux. Lot 16 and Part Lot 17, Lac Courte Oreilles Beach Subdivision, S 36, T 40N, R 9W, Parcel -21.16&17. Vol 715 Records Page 280. 23.48 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 14’/39’x42’/64’ single story garage and mudroom addition onto an existing dwelling at a setback distance of 10’ from the centerline of a private access easement. Variance is requested as Section 4.21(6), Sawyer County Zoning Ordinance, would require a minimum setback distance of 30' from the centerline of an access road. The Town Board has approved the application.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Also displays photos. Nineteen (19) letters were sent. 7 were returned with no objection. Bruggeman present. There are wetlands. Sivertson access is through Bruggeman property. Sivertson has no objection. AV asks Bruggeman to point out location. Other accesses discussed. Brian Mast, builder, presents map. AV asks about wetland setback. KZ: Access road is narrow, questions emergency vehicle access with large walls on both sides of the road. Access width about 10’.
KZ motions to approve the application with the condition that the 2nd driveway has a 15’ width and with a 2-year time limit.
RZ seconds motion.
Findings of Fact: It would not be the convenience of the owner. It would not be the basis of economic gain or loss. It would not be a self-created hardship. It would not be damaging to the rights of others or property values.
Board of Appeals
PH: 20 April 2004
1) Variance #02-025 James Hausman – Mike Kelsey representing, presents plan for clarification on setback from rear lot line for storage building. LUP applied for, mound is installed in NW corner. Asking for a 5’ setback from rear lot line. Hausman: 28x44 LUP 2-story storage building originally, downsizing to a 1-story storage building, shortening home 4’.
RZ motions to approve plan – 4-20-2004 – see LUP.
AV seconds motion.
2) Variance #03-024 Joseph Ablan – WAC explains that varaince was approved asking for an entryway in the back of the garage. WAC to call him and approve it. BOA authorizes approval.
3) John A. Googan property – LUP issued for boathouse. WAC didn’t catch the size of 16’ high, wrote to Googan explaining the ordinance 10’ height limit. ZC recommended taking the issue to BOA.
AG motions to allow Googan to leave boathouse as constructed and finish in color not to be obtrusive to surrounding properties.
KZ seconds motion.
4) Rules of BOA – Proposed rule 1: Should rehearing of application concerning the same request on the same property be allowed? Rule 2: Should the BOA grant only one variance per lot/parcel without topographic change? Discussion of area and use variances. Discuss these issues at BOA workshop on May 12, and return to agenda in June.
COMMUNICATIONS AND MISCELLANEOUS
1) Padilla variance will coming back to the BOA in June.
2) Bass Lake appeal on creek navigability – Jack Carlson will be BOA attorney, no date set. BOA will hear the case from the start, hoping each side will agree to stipulate.
3) Next regular Board of Appeals meeting set for May 18, 2004 at 7:00 PM.
AG motions to adjourn.
KZ seconds motion.