PUBLIC HEARING BEFORE THE
SAWYER COUNTY BOARD OF APPEALS
June 15, 2010
Board of Appeals = BOA
AG = Alan Gerber
KZ = Kenneth Zeroth
LR = Laura Rusk
HB = Howard Brossard
DH = Darwin Hintz
Zoning Administration = ZA
DO = Dale Olson, Zoning Administrator
CY = Cindy Yackley, Deputy Zoning Administrator
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. DO 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 June 2nd and June 9th, 2010.
1) Town of Round Lake - Bryan Renton etux. Part of lot 1, being part of Gov’t lot 2, S31, T 41N, R 7W; Parcel :2.2. 11.75 acres. Property is Zoned Forestry One. Application is for the construction of a 20’ x 24’ 2 story addition onto an existing cabin at a setback distance of 48’ to the ordinary high water mark of Osprey Lake. The existing cabin is currently 29’ from the ordinary high water mark of the lake. The foundation of the existing cabin would also be replaced during the time of construction. Variance is requested as Section 4.421(2)(a), Sawyer County Zoning Ordinance, would require the prior granting of a variance for any expansion of the dwelling as it is located less than 40’ to the ordinary high water mark of the lake. The Town Board has denied the application
Board of Appeals Public Hearing
June 15, 2010
with additional comments. This application was tabled from the May 18, 2010 Public Hearing to give time for the applicant and zoning staff to possibly find another location that met better setbacks. At the May Public Hearing, DO read the application, the Town Board’s decision, opinion letters and correspondence from DNR into the record. Renton is present and he submits a packet to each member of the Board and explains each page. Zoning was out and placed flags at different setbacks on the property creating 5 options in which Renton might be able to locate a dwelling. Renton states his preference in options would be option B which would consist of moving the existing cabin back to 40’ from the OHWM of Osprey Lake, and 35’ from the existing easement road. Discussion is held on Option E, as this option is conforming to all setbacks and it’s not in the interest of the Board to grant variances for a non-conforming setback when a conforming area on the property is present. AG tells the Board that what the Board can do is establish some perimeters for a variance that they feel is allowable and then it would be the applicants decision whether he wants to build within those perimeters or to build an entirely new structure at some future date on what’s been identified as option E.
There was no one in the audience to speak in opposition
AG Motions to approve a variance that locates a structure no closer than 60’ from the ordinary high water mark of Osprey Lake and no closer than 15’ from the centerline of the existing easement road.
DH Seconds. Motion Carries 4 yes, 1 no (KZ)
Findings of Fact: it is not a self created hardship; it is not damaging to the rights of others or property values; there is no change in use in the zone district; it’s due to conditions that are unique to the building and it’s doubling the current setback from the existing dwelling to the high water mark.
Applicant is to flag the building site and Zoning to confirm those setbacks with the corresponding variance approval.
2) Town of Hunter – William Metcalf etux etal. Lot 1, being part of Gov’t lot 2, S4, T 39N, R 7W; Parcel :2.15. 0.46 acres. Document #337199; CSM Volume 9 page 40 and 101. Property is zoned Residential/Recreational One. Application is for the construction of a 12’ x 26’ addition onto an existing structure where the closest part of the structure (the deck) is 30’ to the ordinary high water mark of Blueberry Lake. Variance is requested as Section 4.421(2)(a), Sawyer County Zoning Ordinance would require the prior granting of a variance for any expansion of the dwelling as it is located less than 40’ to the ordinary high water mark of the lake. The Town Board has denied the application with additional comments. DO read’s the application into the record and presents the maps. Fourteen (14) opinion letters were sent out, of those, 6 came back with no objection, 2 with additional comments. Colleen Metcalf is present and states they would like to build an addition, one big room to the backside of their cabin because their family has grown since they first bought the cabin 20+ years ago. Her brother and sister-in-law own the cabin adjacent to theirs. Several members of the Board state they were on site
Board of Appeals Public Hearing
June 15, 2010
and discussion is held on the big trees that are in very close proximity to the cabin foundation. Kathy Metcalf states that they keep the property looking nice and have received compliments on what they have done to the cabin and property. Leonard Eckerly, Chairman of Town of Hunter states the Planning Committee and Town Board had issues with this application as the septic is undersized for the amount of people utilizing it and that the system has only been pumped out once. He states the lot is non-conforming as it has only 100’ of shoreline and has two cabins on it. He states a deck has been added as well as an accessory building without permits being obtained. KZ states that environmentally, this request is not good for the lake because of the drainage and the fact that the septic is so old and too small. Discussion is held on the drainage issue.
KZ Motions to deny the application.
LR Seconds. Motion Carries 5-0.
Findings of Fact: Hardship is not present; it’s not due to physical limitations; it would be for the convenience of the owner; it’s contrary to public interest.
3) Town of Round Lake – Daniel P. Mullaly et ux. Unit #4, Golden Rule Condo. S17, T 41N, R 7W; Parcel -3.4. 0.3 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 20’ x 23’ replacement roof, adding habitable loft area to an existing condo unit with setbacks from Placid Lake of 55’ to the attached deck and 64’ to the dwelling eave. Variance is requested as Section 4.421(4)(d), Sawyer County Zoning Ordinance, would prohibit the creation of additional habitable area by replacing this roof. The Town Board has taken no action regarding this application and requests that the application be tabled until the Town Board and Planning Commission has a chance to review the application. DO read the application into the record and reads the Town Board’s letter of correspondence requesting the Board table the application. Discussion is held regarding the town’s request. Since there are no other applications for the July Public Hearing, the request will be heard in August.
LR Motions to table until the August 17, 2010 hearing.
HB Seconds. Motion Carries.
Discussion is held on the hand out materials that the Board sometime receives from the applicant during the hearings. Sometimes these materials are labeled “exhibits” and there are never enough copies for every board member. It’s determined that if an applicant/appellant is going to hand materials out to the Board members, that each member should have his/her own copy and that this information should be passed on to every applicant.
AG Motions to adjourn
DH Seconds. Motion Carries
Minutes prepared by Cindy Yackley