PUBLIC HEARING BEFORE THE SAWYER COUNTY BOARD OF APPEALS
18 JANUARY 2005
Board of Appeals = BOA
RZ = Ray Zubrod, Chairman
AG = Alan Gerber, Vice-Chairman
KZ = Kenneth Zeroth
LN = Larry Neff
LR = Laura Rusk
HB = Howard Brossard, 1st Alternate
Zoning Administration = ZA
WAC = William A. Christman, Zoning Administrator
CY = Cindy Yackley, Deputy Zoning Administrator
1) Call to Order and Roll Call
RZ 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: RZ, AG, KZ, LN, LR, WAC, and CY.
2) Statement of Board and Hearing Procedures.
Those wishing to speak will be afforded the opportunity provided they identify themselves. RZ 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 January 5 and 12, 2005. RZ gives agenda outline.
1) Town of Lenroot – Jeffrey L. Miles – Lot 8, being Part of the SE ¼ SW ¼, S 25, T 42N, R 9W, Parcel .12.3. Doc #316443, Vol 453 Records Page 149; CSM Vol 8 Page 136-137. 1.73 acres. Property is zoned Residential/Recreational One.
On Friday, October 15, 2004, the Sawyer County Zoning Committee held a public hearing on the appellant’s request to grant a Conditional Use Permit to exceed the allowable impervious surface on the appellant’s property to a total of 23.8%. Section 4.22, Sawyer County Zoning Ordinance, provides the opportunity for the issue of a Conditional Use Permit not to exceed 25% of the total shoreland lot area within 300’ of the ordinary high water mark of navigable waters. The Sawyer County Zoning Committee denied the appellant’s request as the Committee determined that “it would be detrimental to ecology, wildlife, wetlands, or shorelands,” as stated in the Findings of Fact. The appellant is requesting that the Sawyer County Board of Appeals approve his request based on the evidence provided, which the appellant interprets as a denial because the Zoning Committee felt the appellant had too much storage space already.
Attorney Mike Kelsey representing, Miles also present. Kelsey speaks on opinion letters from CU hearing and on motion of ZC member Kathy McCoy. Proposed storage building would be placed beyond 280’ from lake, over 120’ from mound. Kelsey asks BOA to overturn ZC decision. KZ and RZ concerned over possible wetland. LN feels ZC focused too much on storage issue. Jack Sjostrom, Town of Lenroot Supervisor: Looked at issue of holding pond, approved application. ZC statement by McCoy was out of line, not one of criteria for denial. LN agrees, runoff would not go into the lake.
AG motions to return the application to the Zoning Committee for reconsideration, stating that the decision of the Zoning Committee was arbitrary and oppressive and represented its will. The Committee’s statement in transcript that it was detrimental to ecology, wildlife, shoreland and wetland was not thoroughly researched by the Zoning Committee.
KZ seconds motion.
1) Town of Bass Lake – FAS Properties, Inc. 05-001. Lot 1, being Part of Govt Lot 4, S 32, T 40N, R 8W, Parcel :4.3. Vol 538 Records Page 426; CSM Vol 15 Page 336. 118’/128’x139’/262’ containing .46 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 28’x42’ (30’x44’ with eaves) one story dwelling with loft area at a setback distance of 32’ to a non-navigable wetland area. Variance is requested as Section 4.49(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 40’ from this wetland area. Note: While the proposed dwelling is located less than 30’ to the centerline of the existing access roadway, the dwelling is actually further than 30’ to the centerline of the access easement as platted. The Town Board has denied the application.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Also displays photos. Five (5) letters were sent. 3 were returned with no objection; 2 with objection and one from the LCO lakes assoc. Attorney Cliff Stoner representing and Friendshuh present. Wetland is 30-40’ in diameter. Lot was created in 1994 before wetland setbacks were enforced, met all requirements at that time. Ordinance amendment was in 1997. Assessment on lot is very high. Hardship issue. Cites court cases. Unreasonable burden to deny an 8’ variance. There are conditions unique to the property. Not a self-created hardship. The corner of the building does not jeopardize the wetlands. Proposed building is comparable to adjoining properties. Comments on opinion letters. Opposed: Tom Burgess, COLA president speaks on variance criteria, no garage proposed, owner would most likely want one and variance would be needed for it. Stoner rebuttal: Court cases are standards that should be used. Ted Schwinker, Town of Bass Lake planning committee: Establishing precedent, no existing footprint, asks BOA to support Bass Lake planning committee. RZ reads DNR letter on “use” and “area” variances, a smaller building would fit the property, there is use of the property without a variance. LN asks about the survey map and house sitting on the easement. Friendshuh: Cabin on survey is torn down. KZ: Adding a 2nd story would add living space. AG: When lot was created in 1994 it was conforming, suggests downsizing building by 4’.
RZ motions to approve amended application with setback from wetland of 36’; with 2 year expiration date.
LN seconds motion.
Findings of Fact and Conclusions of Law: It would not be a self-created hardship. There would be no change in the use in the zone district. It would be due to special conditions unique to the property. Property was created in 1994 at which time it was a legal platted lot prior to setback change from wetlands.
2) Town of Winter – Billy L. George et ux. Lot 2, being Part of the NW ¼ NW ¼ , S 34, T 39N, R 5W, Parcel .6.1. Vol 736 Records Page 253. Approximately 106’x570’ containing 1.19 acres. Property is zoned Residential One. Application is an after-the-fact variance for the construction of an 8’x35’ lean-to addition onto an existing dwelling at a setback distance of 7’ to the adjacent lot line. Variance is requested as Section 18.4, Sawyer County Zoning Ordinance, would require a minimum setback distance of 10’ from the side lot line. Town Board has tabled the application. The application was tabled at the December 21, 2004 Zoning Committee public hearing.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Also displays photos. Twelve (12) letters sent. 2 were returned with no objection; 1 with objection. Town has tabled, feels there is a property line dispute. George not present. Richard Olson, property owner to side of encroachment, present, has Lot 1, George has Lot 2. Olson also has Lots 4&5 on other side. George lot was low, realtor put in 6’ of fill. Lot line stakes are missing, ribbons were then placed. Wants to have a survey. Lean-to is just under 4’ from his property line. In order to solve problems George needs to remove encroaching additions, has created a wetland on Olson’s property, has filled in the lot.
LN motions to deny the application and to require: 1. Replat of existing survey conducted to show lot lines. 2. Lean-to to be removed and any part of dwelling within 10’ to be removed. 3. Restore area to its natural drainage. 4. Completion by August 30, 2005 presented to zoning.
KZ seconds motion.
Findings of Fact: Variance would be contrary to public interest and would not observe the purpose of the ordinance and would not render conformity with the existing zoning regulations. It would be a self-created hardship.
1) Year end summary – WAC distributes summary of 2004 decisions
2) Chairman’s goals – Protect zoning and then grant variances
3) Appeal of ZC decision – Robert Swanson conditional use approval appeal hearing in March. TJ to represent county, briefs to be filed, transcription of tapes. Possible need for special public hearing on a Wednesday.
COMMUNICATIONS AND MISCELLANEOUS
1) Next regular Board of Appeals meeting set for February 18, 2005 at 7:00 PM.
AG motions to adjourn.
KZ seconds motion.