Meeting Agendas & Minutes

Zoning Board of Appeals Minutes 02/17/2009

Last Updated 3/5/2009 12:28:15 PM


 

MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY BOARD OF APPEALS

February 17, 2009

 

 

Board of Appeals = BOA

AG = Alan Gerber

KZ = Kenneth Zeroth

LR = Laura Rusk

HB = Howard Brossard

DH = Darwin Hintz

 

Zoning Administration = ZA

WAC = William A. Christman, Zoning Administrator

CY = Cindy Yackley, Deputy Zoning Administrator

 

 

PRELIMINARY MATTERS

1)      Call to Order and Roll Call

AG 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:  AG, KZ, DH, LR, HB. WAC and CY present from zoning office.

 

2)      Statement of Board and Hearing Procedures.

Those wishing to speak will be afforded the opportunity provided they identify themselves. AG 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 February 4 and February 11, 2009.

 

VARIANCE APPLICATIONS

 

1)         Town of Spider Lake – Robert A. Berkopec etux. Lot 6, being part of Gov’t lot 2, S 28, T 42N, R 7W; Parcel :2.13.  Volume 626 Records page 481; CSM Volume 14 Page 260.  1.85 acres total. Property is zoned Residential/Recreational Two. Application is for the construction of a 24’ x 29’ addition onto an existing dwelling that is located approximately 39’ to the ordinary high-water mark of Clear Lake. The proposed addition will be located approximately 37’ to the ordinary high-water mark of the lake.  This variance has been previously approved by the Spider Lake Township Zoning Board of Appeals with conditions. Variance is requested as Section 4.21(2)(a), Sawyer County Zoning Ordinance, would require the prior granting of a variance for any expansion of

Summary Agenda

Board of Appeals

February 17, 2009

 

this dwelling as the dwelling is located less than 40’ to the ordinary high-water mark of the lake.

WAC reads the application into the record; presents maps and photos. The Town Board has approved. Five (5) opinion letters were sent out, of those 5 one had additional comments. Robert Berkopec is present along with his wife. He states that they collaborated with Spider Lake Zoning Administrator Steve Boss to come up with this plan. The property has unique characteristics to it and at the Spider Lake Appeals Hearing the appeals board placed conditions on the approval. AG reads the conditions placed on the approval into the record. Berkopec states he is in agreement with the conditions and will comply with them if granted this approval. KZ asks about the small shed and the entryway and questions on the boundary lines and the colored flags that were set were discussed. Victoria Ross, a member of the Spider Lake Appeals Board was present and spoke about the 3 step test for granting a variance. She states that the application failed the first step, but that the request passed step 2 & 3 which allowed the Spider Lake Appeals Board to grant the variance with the conditions that were placed. No one else spoke in favor or objection.  The moving of the structure was discussed as well as the foundation. The structure would be moved north away from the ordinary high water mark.  AG states the fact that the Berkopec’s hired Northern Environmental was the best act of good stewardship and that the applicants appear to want to do the project right. KZ agrees and states that a lot of thought has gone into this project.

KZ motions to approve the application subject to all conditions placed by the Town of Spider Lake Appeals Board. Those conditions are as follows:

1)         move the shed to the location noted in the variance petition documents;

2)         continue a buffer zone restoration;

3)         provide a drainage system for rainwater from the house & garage to       minimize impact on the adjacent wetlands;

4)         move the present structure two feet north so that no part of the structure is        less than 40’ from the ordinary high water mark; and a

5)         two (2) year time limit.

AG Seconds the motion.

Motion Unanimous

Findings of Fact: It would be due to special conditions unique to the property; It would not be the convenience of the owner; there would be no change in use in the zone district; it would not be damaging to the rights of others or property values and it would not be a self created hardship.

 

 

2)         Town of Winter – Paul D. Fritz etux.  Lot 1, being part of Crawford Beach Subdivision, located in S 2, T 39N, R 5W; Parcel -5.1.  Volume 455 Records page 214. 0.99 acres total. Property is zoned Residential One. Application is for the construction of a 2’ x 24’ addition onto the lakeside of an existing dwelling at a setback distance of approximately 69’ to the ordinary high-water mark of Perch Lake. The proposed addition

Summary Agenda

Board of Appeals

February 17, 2009

 

will “square off” the lakeside wall, extend no closer to the lake than the existing eave and is part of a project to replace the dwelling roof.  Variance is requested as Section 4.421(2)(b), Sawyer County Zoning Ordinance, would require that any addition be located on the landward side of the dwelling and no closer than 75’ to the ordinary high-water mark of the lake. The Town Board has approved with additional comments.

WAC reads the application into record and presents maps and photos. The Town Board has approved the application with comments. Thirteen (13) opinion letters were sent out. Of those 7 were returned with no objection, 3 had additional comments. Paul Fritz is present along with his wife. He states that his family has had the property since the 30’s. There was an existing old cabin on the property when the home was built in the 70’s. Old cabin is used as guest quarters during summer months. The existing home is a Wausau home and the request is to modify the roof line of the home which would square it up.  At present, roof has a 2 foot offset at the eave line. The plan is to include twin dormers to allow for extra space in the loft area. The home sits on a poured foundation and the addition would be cantilevered over the foundation. They would eliminate one bedroom and expand the kitchen area. The deck would be renovated but not increase the footprint. No one in favor or opposes the application. KZ asks questions regarding the footings and the cantilevered walls.

AG motions to approve as presented

DH Second motion

Motion Unanimous

Findings of Fact: There would be no change in the use in the zone district; it would not be damaging to the rights of others or property values; it would be due to special conditions unique to the property due to the jogs in the walls; and It would not be a self created hardship.

 

NEW BUSINESS

 

1)         Jeffrey Miles dba Trussworks – Variance #06-034 – request for extension of variance. 

WAC explains to Board that Miles received a variance for construction two (2) large storage sheds to cover his wood products. Because of the economy, the sheds were never constructed and Miles is asking for an extension on the approval.

LR motions to grant a two (2) year extension to expire on December 19, 2010.

HB Seconds the motion

Motion Unanimous

2)         No Board of Appeals Hearing in March due to no applications received.

 

ADJOURNMENT

DH motions to adjourn

HB Seconds motion

Motion Unanimous

Summary Agenda

Board of Appeals

February 17, 2009

 

Pc:       Board of Appeals – 7                           County Board – 15

            County Clerk – 1                                  WMS, DNR – 1

            Corp Council – 1                                  NABA – 1

 

Summary prepared by CY (February 18, 2009)