PUBLIC HEARING BEFORE THE
SAWYER COUNTY BOARD OF APPEALS
15 FEBRUARY 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
DH = Deb Hammerel, Permits Secretary
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, HB, LR, WAC, and DH.
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 26 and February 2, 2005. RZ gives agenda outline.
AG motions to move New Business 1) appeal to item 1.
KZ seconds motion.
Attorney Mike Kelsey discusses appeal of Johnson Creek issue. Tom Harnisch represents Town of Bass Lake.
AG motions that BOA share dual representation with FAS LLC by Kelsey on Johnson Creek determination.
KZ seconds motion.
1) Town of Hayward – William B. Johnson et ux. 05-002. Lot 1, being Part of Govt Lot 1, S 36, T 41N, R 8W, Part of Parcel :1.24. Vol 467 Records Page 316; CSM Vol 17 Page 87. .74 acres. Property is zoned Residential/Recreational One. Application is for exceeding the 25% impervious surface within 300 feet of the ordinary high water mark of Round Lake (by the construction of a dwelling and attached garage) for a total impervious surface of 35.3%. Variance is requested as Section 4.422, Sawyer County Zoning Ordinance, would restrict the maximum total impervious surface area to no more than 15%. The Town Board has approved the application.
WAC asks for ordinance interpretation on whether or not BOA should hear this variance. RZ: People need recourse for this situation, should be subject to variance.
RZ motions to hear the variance.
AG seconds motion.
LR and HB vote no.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Also displays photos. Seventeen (17) letters were sent. 7 were returned with no objections; 4 with objections. RZ explains unnecessary hardship related to topography criteria. Johnson present, owned lot 19 years, built tennis court 15 years ago. New home to be 13% of lot, 3,000 sq ft, 1000 sq ft garage. Keeping run-off from reaching the lake. Hardship: Tennis court installed before the impervious surface rule. Jack Sjostrom, builder, on behalf of Johnson, talks about criteria for approving permits exceeding impervious surface. RZ: The variance is the subject, is there reasonable use? What is the hardship? Heather Harrington, engineer for Johnson, the purpose is to protect water quality, not to limit development. Use best managment practices. Johnson willing to delay a decision, wants to keep tennis court and build new dwelling. RZ: A self-created hardship. Jim Bassett, Zoning Committee Chairman, opposes. 25% was to be the utmost limit of impervious surface. The intent of the ordinance was to limit to 25%. DNR recommends 8%. This would be setting a precedent. AG: Is there a hardship? It was a compliant lot until the impervious surface was applied. Tennis court makes it unbuildable. RZ: Is there a hardship unique to the property? Is this in the interest of the public? KZ: Can’t fix it with a variance. Watershed of tennis court is same as roof.
RZ motions to deny the application.
KZ seconds motion to deny.
Findings of Fact and Conclusions of Law: Variance would be contrary to public interest. It would be the convenience of the owner. It would be a self-created hardship. It would be damaging to the rights of others or property values. It would not be due to special conditions unique to the property.
2) Town of Hayward – William K. Knutson et ux, dba WK Appliance Inc. Lot 2, being Part of the SW ¼ SW ¼, S 28, T 41N, R 9W, Parcel 3314. Vol 207 Records Page 471; CSM Vol 12 Page 50. Approximately 180’/170’x286’/429’ containing 1.44 acres. Property is zoned Commercial One. Application is for an after-the-fact variance for the construction of concrete footings for a 60’x100’ commercial building located 58’ from the centerline of Stress Road (a town road). Variance is requested as Section 4.21(3), Sawyer County Zoning Ordinance, would require a minimum setback distance of 63’ from the centerline of a town 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. Eleven (11) letters were sent. 2 were returned with no objections; 1 with objections. Knutson present, well contamination from an old dump is why he waited so long to build and why he positioned the building the way he did.
AG motions to approve the application.
KZ seconds motion to approve.
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.
3) Town of Hayward – Robert A. Sosnowski et ux. Lot 1, being Part of Govt Lot 3, S 36, T 41N, R 8W, Parcel :3.15. Vol 800 Records Page 941; CSM Vol 2 Page 9. 4.0 acres. Property is zoned Residential/Recreational One. Application is for the construction of two single story additions: 1) 6’x24’ (8’x26’ with eaves) and 2) 4’6”x13’ (6’6”x13’ with eaves) onto an existing dwelling with an existing footprint of approximately 1862.5 sq. ft. The resulting dwelling footprint will be approximately 2041 sq. ft. The dwelling is located at a setback distance of 40’9” to the ordinary high water mark of Little Round Lake. Variance is requested as Section 4.421(1)(b), Sawyer County Zoning Ordinance, would require that the total dwelling footprint not exceed 1500 sq ft. 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. Fourteen (14) letters were sent. 8 were returned with no objections. Sosnowski and Attorney George Knapp present, wants small addition on a non-conforming structure. 576 sq ft of garage in that footprint. Asking 178 ½ sq ft. It is a unique property, restriction is unnecessarily burdensome. Options, move back to 75’; subdivide and build bigger; stay within 1500 sq ft, use garage and build up. Willing to consider a deed restriction to prevent future subdivision of the 4+ acre lot. AG: Convert existing attached garage into habitable space? Accessory building adequate for storage space? Yes. KZ: New roofline steeper, run-off control? Yes. RZ: It’s a unique application, already over 1800 sq ft footprint. KZ: Roof is curently a problem.
KZ motions to approve the application with a two year deadline.
AG seconds motion to approve.
Findings of Fact: It would not be a self-created hardship. 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. It would be unnecessarily burdensome.
1) Appeal to BOA of ZC decision on Swanson Conditional Use to be held Wednesday, April 20, 2005 at 9:00 AM in assembly room. Attorneys’ briefing schedule agreed upon. Meet at 8:30 with BOA and zoning’s attorneys before the meeting.
COMMUNICATIONS AND MISCELLANEOUS
1) Next regular Board of Appeals meeting set for March 15, 2005 at 7:00 PM.
KZ motions to adjourn.
LR seconds motion.