Meeting Agendas & Minutes

Board of Appeals

Last Updated 7/2/2007 11:32:03 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY BOARD OF APPEALS

16 MARCH 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

 

PRELIMINARY MATTERS

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, LN, 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 3 and 10, 2004. AV gives agenda outline.

 

VARIANCE APPLICATIONS

1)  Town of Bass Lake – Keith J. Orner et ux. Lot 4, being Part of Govt Lot 2, S 18, T 40N, R 8W, Parcel :2.4. Vol 455 Records Page 62; CSM Vol 11 Page 340. .52 acres. Property is zoned Residential/Recreational One. Application is for the construction of an approximately 28'x48' (including eaves) two story replacement dwelling with an attached garage, at setback distances of 52' from the ordinary high-water mark of Grindstone Lake, and 5' from a wetland area, and 24' from the centerline of a private access road. Variance is requested as Section 4.49(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 75' from the ordinary high-water mark of the lake, 40' from the wetland area and Section 4.21(3) requires a minimum of 30' from the centerline of an access road. The Town Board has denied the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters were sent. 2 were returned with no objection; 1 with objections. Orner present, current zoning requirements did not exist when cabin was built. Open to any changes, intention is to make the cabin useable. Describes cabin to AV: Log inside and out, native materials, electric, toilet, water, cement foundation. Describes outbuildings to KZ: Storage building sitting in wetlands Orner constructed about 5 years ago, was told no permits were required because of its size. Existing building is 22x22 plus small appendage which is bathroom. Septic would be replaced. Property near and similar to Groberg's (2003 variance), WAC reads conditions of Groberg var. New building would be approximately 1,000 sq. ft. Orner would be willing to construct smaller. Proposals discussed. Phil Nies, Town of Bass Lake: Town denial based on size submitted in application.

 

Summary Agenda

Board of Appeals

PH: 16 March 2004

KZ motions to approve the amended application as follows: Remove the appendage to the west and bring the building out 8' to the east. Road setback not an issue. Allow 22'x30' footprint, not including eaves. 1' eaves on either side. 58' from the lake. Removal of both storage buildings. Septic system addressed. Design can be 2 stories, garage if desired. 3-year time frame on construction.

RZ seconds motion.

Unanimous

 

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. 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 Bass Lake – Joseph B. Moelter. Unit #2, Little Bit of Heaven Condo, S 29, T 40N, R8W, Parcel –28.2. Vol 685 Records Page 443. .134 acres containing approximately 5,845 sq. ft. Property is zoned Residential/Recreational One. Application is for the construction of a 28'x54' (30'x56' with eaves) 1 ½ story replacement condo unit on less than the minimum area requirement of 20,000 sq. ft. Variance is requested as Section 4.416, Sawyer County Zoning Ordinance, would require that a minimum area of 20,000 sq. ft. be available for the construction of the replacement dwelling.

 

WAC reads application, requests that application be withdrawn as no longer needed, fee refunded.

AV motions to withdraw the application, no variance required, and refund fee.

AG seconds motion.

Unanimous vote.

 

3)      Town of Bass Lake – David O'Meara et ux. Lot 2, being Part of Govt Lot 1, S 18, T 40N, R 8W, Parcel :1.15. Vol 469 Records Page 39; CSM Vol 12 Page 181. 2.57 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 32'x20' 2nd story addition (33'6"x23' with eaves) above an existing 1st floor and its proposed 20'/25'x32' addition (21'6"/26'6"x35' with eaves). The 2nd story addition will be located at a distance of 55' from the ordinary high water mark of Grindstone Lake. An existing porch will be removed from the dwelling resulting in a dwelling setback of 45' from the lake. The Town Board has tabled the application.

 

WAC reads application, requests that application be withdrawn as no longer needed, fee not to be refunded because already published and time has been involved based on original submission.

AG motions to withdraw the application and not refund fee.

RZ seconds motion.

Unanimous vote.

 

4)      Town of Edgewater – James M. Skar et ux. Lots 1&3, being Part of Govt Lot 4, S 33, T 38N, R 9W, Parcel :4.8. Vol 482 Records Page 225 & 227; CSM Vol 14 Page 142. .74 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 24'x26' second story addition above an existing walkout basement, the construction of a 12'x26' two story addition and the construction of two second story open decks (8'x26' and 6'x32') all located at a setback distance of 20' from the rear lot line. Variance is requested as Section 18.4, Sawyer County Zoning Ordinance, would require a minimum setback distance of 40' from the rear lot line. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Seven (7) letters were sent. 2 were returned with no objection. Skar present: Hands out photos and survey copies and gives background. Surveyor told him that building was not on right lot. Does not meet rear lot line setback of 40', only 20' from lot line. Asking for a 2 story addition, 12x26 on top.

Summary Agenda

Board of Appeals

PH: 16 March 2004

AG motions to approve with no time limit.

KZ seconds motion.

Unanimous vote.

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. Built pre-zoning.

 

5)      Town of Hunter – Padilla Family Trust c/o Angela Beley. Lot 1, being Part of the E ½ of the SW ¼ and Part of the E ½ of the NW ¼, S 6, T 40N, R 6W, Parcel .5.12. Vol 690 Records Page 380. Approximately 257'/160'x256'/433' containing 1.56 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 30'x40' dwelling with an attached 16'x20' screen porch at a setback distance of 34' from a non-navigable wetland adjacent to the Chippewa Flowage. Variance is requested as Section 4.49(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 75' from the wetland boundary.

 

WAC reads application into the record, reviews past application and court ruling, and reads Attorney Mike Kelsey's letter requesting postponement. RZ suggests postponement later than April due to DNR determined OHM of the lake. WAC to notify DNR and Kelsey.

RZ motions to postpone to the June BOA hearing.

AG seconds motion.

Unanimous vote.

 

6)  Town of Sand Lake – Wesleyan Methodist Church. Lots 16-20, Block 11, Village of Stone Lake, S 19, T 39N, R 9W, Parcel –20.11.16-20. Vol 32 Records Page 471, Vol 41 Page 122. .61 acres. Property is zoned Residential One. Application is for the construction of a 42'x55' (46'x57' with eaves) addition onto an existing nonconforming church. While the church is located at a setback distance of 53' from the centerline of 1st Street South, a town road, the addition will meet all minimum setback requirements. However, the cost of construction exceeds 50% of the current estimated fair market value. Variance is requested as Section 10.2, Sawyer County Zoning Ordinance, would restrict the cost of construction to less than 50% of the current estimated fair market value. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Forty-six (46) letters were sent. 23 were returned with no objections. Architect present, wants to build onto the back, will meet all setbacks except 50% rule. AG asks about runoff provisions.

RZ motions to approve the application.

AV seconds motion.

Unanimous vote.

Findings of Fact: 50% doesn't carry as much as shoreland lots. There would be no change in the use in the zone district. It would be a more reasonable use, not contrary to the public interest.

 

NEW BUSINESS

1)      WAC explains court decision regarding Town of Bass Lake appeal  of Zoning Committee decision, and County's attorney, Mike Kelsey's letter on the appeal.

 

COMMUNICATIONS AND MISCELLANEOUS

1)  Next regular Board of Appeals meeting set for April 20, 2004 at 7:00 PM.

Text Box: pc:           Board of Appeals – 7             County Board – 15                 County Clerk – 1                    WMS, DNR – 1                      Corp. Counsel – 1                   NABA –1
                Summary prepared by KT (March 24, 2004)
 
 
  


ADJOURNMENT

AV motions to adjourn.

RZ seconds motion.

Unanimous vote.