PUBLIC HEARING BEFORE THE
SAWYER COUNTY BOARD OF APPEALS
16 JANUARY 2007
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
DH = Darwin Hintz, 2nd 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: AG, KZ, LR, HB, DH, 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 December 27, 2006 and January 3, 2007.
1) Town of Bass Lake – Thomas L. Antell et al. #07-003. Lots 14-20, Block 20, 2nd Addition Abendpost Beach Subd, S 31, T 40N, R 8W, Parcel -14.20.14-20. Vol 798 Records Page 98. 210’x100’ containing approx. 20,996 sq ft. Property is zoned Residential/Recreational Two. Application is for the construction of four (4) small additions varying in size from approx. 6’6”x8’to 8’x10’ onto an existing dwelling with a new roof over the entire structure, with the dwelling being located 27’ to the centerline of Lincoln Street and 22’ to the rear lot line, all exceeding 50% of the current estimated fair market value of the dwelling. Variance is requested as Section 4.21(3), Sawyer County Zoning Ordinance/Town of Bass Lake Ordinance #09-11-06 would require a minimum setback distance of 46’ to the centerline of Lincoln Street, Section 18.4(a) would require a minimum setback distance of 40’ to the rear lot line, and Section 10.2 would restrict the cost of construction to not more than 50% of the current estimated fair market value of the dwelling. The Town Board has approved.
WAC reads the application into the record; presents tax listers map, zone district map, and wetland map. Twenty-nine(29) letters were sent. 10 were returned with no objection. Antell present. It is an old log cabin built in 1920’s. It is difficult living there with a leaky roof and decay. Wants to add small additions to square up the structure and put a new roof over all. Approx. $41,000 cost. HB: New addition log? Antell: Will re-side with ½ log siding. Corners are leaking badly. Rick Rooney, builder: Tying in 4-5 rebar into existing slab. KZ would like to see the open pit firepit removed and have that be a condition. Also overhead wiring going to out-building. AG: There is no change in the use, not harmful to others. KZ: Improvements will enhance the community. Project to begin in spring.
AG motions to approve the application with the pit fireplace to be removed, wiring brought up to code, and with a two-year time limit.
Board of Appeals
PH: 16 January 2007
KZ seconds motion.
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.
2) Town of Edgewater – Albert L. Jilek. #07-002. Part of the SW¼ NE¼, S 20, T 37N, R 9W, Parcel .3.1. Vol 265 Records Page 393, Vol 478 Records Page 349. 30.25 acres. Property is zoned Residential/Recreational One. Application is for the installation of a driveway access onto State Highway 48 at a setback distance of 350’ to the nearest driveway. Variance is requested as Section 4.23(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 500’ between driveways accessing this highway. The Town Board has approved.
WAC reads the application into the record; presents tax listers map, zone district map, and wetland map. Eleven (11) letters were sent. 5 were returned with no objection; 1 with objections. Al Widiker, realtor, present. This would be the only access to the property. DOT was on site and verified that they did not have a problem. Wants to sell this 10 acre parcel. Only a 43’ area for driveway. AG was on site. It is safe as can be for a corner. Wouldn’t consider it a hazard. DOT to issue a permit.
AG motions to approve the application if the DOT approves; with a two-year time limit.
LR seconds motion.
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 does not create a traffic hazard.
3) Town of Hunter – Robert B. Bodett et ux. #07-004. Unit #1, Johnson’s Resort Condominium, S 17, T 40N, R 6W, Parcel -8.1. Doc #333915. .494 acres. Property is zoned Residential/Recreational Two. Application is for the construction of a 10’x42’ addition onto an existing dwelling with a dwelling setback of 66’ to Lake Chippewa. The proposed addition will be located 76’ from the ordinary high-water mark of the lake and will result in a total dwelling footprint of 1660 sq ft. Variance is requested as Section 4.421(2)(b)(4), Sawyer County Zoning Ordinance, would restrict the total dwelling footprint to 1500 sq ft. The Town Board has denied.
WAC reads the application into the record; presents tax listers map, zone district map, and wetland map. Twenty-two (22) letters were sent. 9 were returned with no objection; 2 with objections. Attorney Mike Kelsey representing. Questions were asked about the lake setback and 1990 Land Use Permit, Kelsey passes out a packet that includes LUP 90-257; inspection report, floor plan, and original condo floor plan; letter from county Land & Water Dept. Dale Olson; and a letter from Peter Czarnecki, condo owner. He also passes out large photos of the unit and property around. Kelsey gives background of how Bodetts came to the area and purchased the condo unit. All new additions would be built beyond the 75’ setback from the lake. Limited to where they could build. Original condo plat shows expansion area. New septic area directly behind the unit. Existing 42x24 basement area. Asking for 10’x42’ addition. Shoreline is intact. This is not a self-created hardship. Bodett didn’t create the problem. A mistake was made in the past in measuring the setback from the lake. Former ZA Dave Heath was on site with Czarnecki at that time. Permit was issued. Thought unit was compliant to all zoning codes. The condo continues to be run as a resort. Other units have been expanded or remodeled. Czarnecki, president of Johnson’s Resort and Condo Assoc. and owner of units within, explains to BOA how he and Heath measured the lake setback. Also has lost shoreline the past 17 years. The use of land has not changed. KZ asks about existing bsmnt. Bsmnt is 42x26. Existing screenporch will become living/dining. At present basement stairs are outside. No addition to basement planned. Gerald Mannigel, neighbor, questions the acreage of property. Impervious surface questioned. WAC explains how it is calculated for condos vs. single lots. Leonard Eckerly, Town of Hunter Supervisor, opposed. Speaks on impervious surface issue, approaches and passes out a photo-
Board of Appeals
PH: 16 January 2007
copy from a zoning handbook on variances regarding reasonable use. Says their request does not meet that criteria. Kelsey: Law has changed since that handbook was printed. Numerous variances have been approved since then. The Zervogel court case removed that criteria. LR has seen property. KZ was on site: Would like to see porch area removed from request. Total footprint could be maintained at 1500 sq ft. Only 1 floor plan has been presented. Stairway could be incorporated into plan for basement. AG: Applicants can utilize what’s there without putting on the addition. Could be functional at 1520 sq ft without porch area. This is not self-created by Bodett. Past owners/developers did. Expansion would make this more non-compliant than present. Kelsey asks BOA to table to give him time to confer with his client. AG asks if Town Board could review this case, send the Town Board another decision form.
AG motions to table the motion, not to exceed 90 days.
KZ senconds motion.
The application will be sent back to the Town of Hunter Board for review.
4) Town of Round Lake – John Minalt et ux. #07-001. Part of Govt Lot 2, S 9, T 41N, R 7W, Parcel :2.3. Doc #339195. 3 acres total. Property is zoned Residential/Recreational One. Application is for the construction of a 24’x24’ (26’x26’ with eaves) single story detached garage at a setback distance of 9’/13’ to an adjacent wetland area. Variance is requested as Section 4.49(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 40’ to this wetland. No decision received from the Town Board.
WAC reads the application into the record; presents tax listers map, zone district map, and wetland map. Six (6) letters were sent. 5 were returned with no objection; 1 with objection. John Kramp, builder, reads a letter from property owner, Kramp agrees with owner, there is only this possible spot for garage. AG was on site, no other place. KZ also on site, wetland all around. AG: Runoff will go into the swamp. No place else to go.
KZ motions to approve the application with a two-year time limit.
HB seconds motion.
Findings of Fact: Because of the unique property and its wetland. It is not a self-created hardship. Not for the convenience of the owner, in this area garages are a need. There would be no change in the use in the zone district
1) Thomas Johnson, TWJ Forest appeal date to be set.
AG motions to hear the TWJ Forest appeal on February 20, 2007, regular meeting schedule.
DH seconds motion.
2) Area variances and use variances – WAC explains the difference. Possibly amending ordinance to make it possible to approve use variances by conditional use.
COMMUNICATIONS AND MISCELLANEOUS
1) Next regular meeting of the Sawyer County Board of Appeals February 20, 2007 at 7:00 PM. No variance applications have been submitted for hearing on that date.
pc: Board of Appeals – 7 County Board – 15
County Clerk – 1 WMS, DNR – 1
Corp. Counsel – 1 NABA – 1
Summary prepared by KT January 20, 2007
LR motions to adjourn.
DH seconds motion.