Meeting Agendas & Minutes

Zoning Board of Appeals 08/17/2010

Last Updated 8/19/2010 12:04:11 PM




August 17, 2010


Board of Appeals = BOA

AG = Alan Gerber

KZ = Kenneth Zeroth

LR = Laura Rusk

DH = Darwin Hintz

JT =  James Tiffany

WA = Waldo Asp – First Alternate

MO = Mark Olson – Second Alternate


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, JT. 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 August 4th and August 11, 2010.




1)         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 had 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. The board tabled the application  from the June 15, 2010 Public Hearing to allow the Town of Round Lake time to review the


Sawyer County Board of Appeals

August 17, 2010


application. The Town Board has now approved the application with additional comments.

Olson reads the application into the record and states the Town has approved the application. He reads the additional comments which are conditions that the town has placed on their approval. Sixteen (16) opinion letters were sent out. Of those, 11 were returned with no objection, 1 with additional comments. One had objection with comments. Rebecca Mullaly was present and states that they wish to remove the roof and add a second story loft to their existing cabin. The footprint would remain the same and that they need the variance because the cabin is located to close to the lake. At present, the cabin is a 2 bedroom and when project is completed it will remain 2 bedrooms. She submits a document which contain the towns conditions stating they are in agreement with the conditions placed. Discussion is held on the removal of the front deck. The 9’ x 23’ deck would be removed and not replaced. Photos were passed out and reviewed. The pitch of the roof is discussed as well as the mitigation plan that is on file for the condo. Waldo Asp states he was onsite and is in favor of the application and glad to hear that some type of rain garden will be used to collect the runoff from the roof and to prevent erosion going into the lake. Kay Wilson, from the Town of Round Lake Planning Committee also is in favor and she states that the planning committee felt that it was imperative that the existing 55’ buffer be maintained because of the steep slope.

KZ Motions to approve the application with the following conditions:

1) Removal of the lakeside deck with no replacement other than steps to the doorway.

2)  Gutters must be installed to route rainwater away from the shoreline.

3)  Placement of silt fencing during construction.

4) The Mullaly’s are to follow the 6 points they outlined in their presentation to the Town Plan Commission and the Town Board. They are as follows:

    a) Plan is to build a second floor with habitable living space. The second floor          will be added to the 20’ x 23’ footprint. The 10’ x 6’ entry way will not         change. The new roof will have a maximum height of 23’.

    b) Existing footprint is 20’ x 23’ plus 10’ x 6’ entryway – the footprint will not         change with proposed addition.

    c)  Vegetative Buffer: The Golden Rule Condo Association has a shoreline   mitigation plan in place. The 55’ buffer in front of the cabin to the shoreline           is mostly natural vegetation.

    d)  Roof: Green, steel as approved by the Golden Rule Condo Association.

    e)  Siding Color:  Neutral tones approved by the Golden Rule Condo Association.

    f)  Gutters/Down Spouts: Gutters will be installed to route rainwater away from     the cabin, away from the lake to a vegetative garden.

LR Seconds Motion 

Discussion held on the pathway that presently exists and the 55’ buffer.

KZ Amends the motion to include the pathway be no wider than what it is currently and that the Mullaly’s continue to maintain the existing 55’ buffer.


Sawyer County Board of Appeals

August 17, 2010


LR Seconds amended motion

Motion Unanimous

Findings of Fact: It would not be a self created hardship; it would not be the basis of economic gain; it would not be for the convenience of the owners; it would not be damaging to the rights of others or property values and it would be due to physical limitations of the property.

The Board of Appeals requested Olson to write a letter to the Condo Association recommending that the existing 55’ buffer continue to be maintained.





1) Quin Feuerstein – Appeal of Zoning Administrators decision – Re: CSM rear lot line determination  (set a date for appeal hearing)

Olson informs the Board that zoning has received an appeal for a denial of a certified survey map that was submitted by Mr. Feuerstein and that Mr. Feuerstein is questioning the rear lot line of the proposed survey. The Board discusses a date and it’s decided that the Board will hear the appeal at its regular October meeting.


The By-laws and the Zoning Ordinance were briefly discussed and a possible amendment to make the language consistent with each other regarding when the time starts for an appeal. Zoning staff to look into this.




JT Motions to adjourn

LR Seconds

Motion Unanimous



Minutes prepared by Cindy Yackley, Deputy Zoning Administrator