PUBLIC HEARING BEFORE THE
SAWYER COUNTY BOARD OF APPEALS
September 21, 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 September 1 and September 8, 2010.
Town of Sand Lake – Paul La Gesse et ux. Unit #1, Pleasant View Condo, located in S23, T 39N, R9W; Parcel -13.1. Volume 687 Records page 134. 0.522 acres. Property is zoned Residential/Recreational One. Application is for the construction of a 16.5’ x 12’ addition (18.5’ x 13’ with eaves) onto an existing cabin with a setback distance of 78’ to the ordinary high water mark of Whitefish Lake. The existing deck is currently 38’ to the ordinary high water mark of the lake. The total habitable area of the existing cabin is 470 sq ft. 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 a dwelling located less than 40’ to the ordinary high water mark of the lake. The Town Board has approved the application with additional comments. Olson reads the application into the record and presents the maps. He reads Town Boards decision and states 18 opinion letters were sent out. Of those, 13 were returned with no objection. Deborah La Gesse speaks as owner stating that they have owned the cabin for 12 years. The cabin needs updating and repairs. It has no source of heat and they would like to install a furnace in the addition that would be constructed on the back side of the cabin. They would keep the existing structure as is. A new roof would be added with vaulted ceiling inside. No loft area would be added. Discussion is held on the number of bedrooms in the cabin and the current septic system. The well is shared and there is underground power. Discussion is then held on the existing 13 foot deck and the amount of feet the deck is encroaching towards the water. The Board discusses whether they would like to see a portion of the deck removed.
AG motions to approve the variance with the stipulation that a portion of the deck be removed and that the remaining deck not exceed 10 feet from the house. (3 feet of deck must be removed). A two year time limit to procure permits was also placed on the approval.
Motion Carries (5-0 vote)
Findings of Fact: It would not be for the convenience of the owner; 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 and it would be due to special conditions unique to the property.
1) 2011 Board of Appeals Public Hearing Schedule
A short discussion is held on the November 2011 hearing date and whether it conflicts with deer season. Finding no conflict
JT Motion to approve the schedule
It is also discovered that there is a typo in this years schedule for November. Zoning will correct this on the handout and to update the website with the correct date.
Next Public Hearing – October 19th (2 cases scheduled)
LR Motion to adjourn
Minutes prepared by Cindy Yackley