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Home My WebLink About002-839-06-5404-VAR-2021-005 SAWYER C O U N T Y � �, �.�.-�.,� �'�1 � _'_ � Variance Application Repuest�_: t �';:;� 0 1 �32i .' PropertyOwner:Dean&Heide Miller � �,;,��,;�r� 7b3-�ib'dsbo _ Address:11517 Palisade Court NE Phone:� Email:heidemiller8455@gmail.com GCa.�,�e, rnti ss��9 Property Descript�on:Part Govt Lot 4 Lot 3,CSM 12/357,Sec06 T39N R08W,Parcel#002-839-06-5404 Acreage:0.26 Zoned:Residential/Recreational One(RR-1) Application requested: 3 specific elements of an after-the-fact variance request.1)The construction of a patio/walkway area that is outside of the existing footprint area of the existing cantilever portion.This would be viewed as a 1'x 21' expansion area of the patio and wingwall closer to the water.2)The second element of the request has 2 specific expansions related to the same area.First is the relocation of an existing retaining wall not within the existing footprint.This existing retaining wall was relocated further from the water.The second specific request is by moving the retaining wall further back a smaller portion of walkway was added.The approximate size of the walkway expansion area is an 11'x 4'triangular portion.3)Is for the expansion of a walkway area that is approximately 1.5'x 5'.There was an existing walkway which was allowed for replacement and expansion of the patio area underneath the cantilever portion.However,there was a small gap where there wasn't an existing walkway area which has now expanded.All of these setbacks would be measured at 1'to the OHWM of Lac Courte Oreilles at the closest point.All other setbacks would be met. Voriance requested as: All of the variance elements would be subject the Section 6.1 Shoreland Setbacks of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance would require the prior granting of a variance for any new structures not within the existing footprint of the existing structures closer than 75'.This proposed request would be for an A-T-F variance for a 1'shoreline setback for the elements previously described. PropertyOwner(sJSigna[ure��%Q��i�'� VC��l7�U� i �'`��'r � "- """ ✓ '�'�-'r'�� Print&Sign Print&Sign Agent Signature(sJ,address,phone& Email: Date of Meeting 7- �—�Ud 1 Fee:SS00.00 The above person(s)hereby make application for a variance.The above certify that the listed information and intentions are true and correct.The above person hereby gives permission for access to the property for onsite inspection. {January 2021)$500.00 7/19/2021 Old Cabin From Lake2.JPG �' ,�c� a, ,-. ' � � �y� z':�. ' �: e�. . y_ MW�is .. : �� ., J ,_ � �iS r �. ' .?' 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'�r'.. ... . � In��-4-� ��- D�'e�l � �u� �,..r� l �- '^� c`�� 0 https:Umail.google.com/mail/u/1/#inbox/FMfcgzGkZQJmQIQPzvwbcLHcRXvhCkdK?projector=l&messagePartld=0.3 1/1 Sawyer County Zoning& Conservation Department SAVVYE R 10610 Main Street, Suite 49 C O U N T Y Hayward, WI 54843 iay.kozlowski@sawvercounty�ov.or� Fax (715) 638-3277 (715) 634-8288 VARIANCE REQUEST STAFF REPORT Prepared b}':Jay Kozlowski,Zoning&Conservation Administrator Applicant: Dean& Heide Miller 11517 Palisade, MN Blaine, MN 55449 Property Location: Part Govt Lot 4 Lot 3, CSM 12/357, Sec06 T39N R08W, Parcel#002-839-06-5404 Site Address: 6953N Wolfe Point Lane Summary of Request: 3 specific elements of an after-the-fact variance request. 1) The construction of a patio/walkway area that is outside of the existing footprint area of the existing cantilever portion. This would be viewed as a 1' x 21' expansion area of the patio and wingwall closer to the water. 2) The second element of the request has 2 specific expansions related to the same area.First is the relocation of an existing retaining wall not within the existing footprint.This existing retaining wall was relocated further from the water. The second specific rec�uest is by moving the retaining wall further back a smaller portion of walkway was added. The approximate size of the walkway expansion area is an 11' x 4' triangular portion. 3) Is far the expansion of a walkway area that is approximately 1.5' x 5'. There was an existing walkway which was allowed for replacement and expansion of the patio area underneath the cantilever portion. However, there was a small gap where there wasn't an existing walkway area which has now expanded. All of these setbacks would be measured at 1' to the OHWM of Lac Courte Oreilles at the closest point. All other setbacks would be met. Project History: Initially, Pat Brown from the Sawyer County Zoning & Conservation Department met with the owners of the property in 2018 and again in June of 2020 before the Land Use Permit was issued. At that time Pat had indicated that existing structures and existing walkway areas could be replaced within the existing footprint. This would be accurate with the current shoreland zoning standards that are in place at the state level. With that being said though any replacements of stnzctures would need to be"exactly''within the same footprint. This was stated by Pat to the owner's and builder at tirne of onsite. When the Land Use Permit was submitted; LUP#20-335 it was Pat's belief that the existing footprint was to be replaced. Moving forward to January of 2021 our office received complaint about additional patio areas added on this property. After an onsite investigation it was detern�ined that some of these patio areas were now outside of the existing footprint areas. After going back to LUP 20-335 and looking at the fine detail as indicated on the construction set plans it did show this walkway expansion area and retaining wall relocation. While it was shown on the plan in fine detail this would not have been something that should have been allowed.It would appear that some type of break in co�nmunication occurred from the tiine of the onsite visit to the time that plans were submitted to our office. Pat again was under the impression that none of these patio, walkway, or retain wall areas were to be replaced outside of their existing footprints. On-site Notes/Comments: Moving on to the specific areas of concern.As part of this variance request there are 3 elements that should almost be view separately as separate requests. The attached photos with this packet try to illustrate these 3 elements. The first is the construction of a walkway/patio area outside of the existing footprint of the cantilever portion. The cantilever portion is a very interesting element all in its own. As the existing cantilever portion sat we would have allowed vertical expansion either above or below that existing footprint That is wllere the patio area beneath the cantilever portion is allowed. However, the existing footprint area would have been viewed as the main wall of the cantilever portion,not to the eave line.When we look at footprint area we also go by the solid wall of the structure. If you start allowing eaves as part of the footprint you could create a domino effect for unlimited expansion by expanded to eave�rebuild plus eave�rebuild again to new eave�etc. This is where the first variance requests exist, in that the patio area including wingwall was built outside of the existing footprint and built to the eave line. This would be a 1'x21' expansion of this area closer to the water. Eleinent 2 has 2 specific requests for it. The owner/builder replaced an existing 45 de�ree angled retaining wall not within the same footprint. This retaiiung wall area was actually relocated further back from the water but technically would need the granting of a variance in that it is not within the same footprint. The 2"a specific request of this element is that by relocating the retaining wall further back that gap area was then filled in with additional walkway area. This walkway area expansion is approximately a triangular portion of 11' x 4'. Speaking from a conservation background it would be potentially more detrimental to lake ecology if this newly placed retaining wall would need to be removed and replaced back to the existing footprint. That would just be for the retaining wall relocated and not necessarily the walkway expansion. Element 3 is a gap area that exists between the existing walkway and the patio area that would be allowed within the existing footprint of the cantilever portion. It was initially calculated that an approximate 1.5' x 5'walkway area was expanded within the"gap"'area. Since the time this variance application was submitted the owner has supplied a photo that does show some existing broken up concrete pieces within this area. I have yet to make a Zoning Administrator determination whether this would be viewed as an "existing" walkway area which would be eligible for replacement within the same footprint. It should be mentioned thougll that removal of this walkway area would create some serious erosion and gully washing areas. At this point though I would include this walkway area expansion as part of the variance request. See attached inspection report completed by Jay Kozlowski. As part of t11e onsite visit on 02/11/21 Jay Kozlowski measured out the setback distances and verified that all new structure areas are right at or above OHWM. DNR was contacted and several conversations were made between the DNR and Sawyer County Zoning. At this point DNR has stated that with all structures being right at or above OHWM that any violation jurisdiction would fall solely on Sawyer County. The Town of Bass Lake Planning Commission and Town Board have both denied the request. 2 If the request is denied by the Sawyer County Board of Appeals it will trigger the Sawyer County Zoning and Conservation Department to start an order for correction time frame for removal of the 12'x15' addition. If the applicant does not relnove said addition by the specific time frame (TBD) it will result in citations with daily forfeiture unless other appeal processes are filed. It should also be mentioned that regardless of the decision for the BOA that it would not be precedent setting in that each scenario and unique facts of the case should be looked at. Hardship/Justification: Variances seek a relaxation of a standard in the code. The decision to grant a variance must be supported by practical justification,which includes 1.) That the code is unnecessarily burdensoine and the landowner is not able to enact a permitted use without a relaxation of the standard; 2.) There are unique limitations on the property that prevent the landowner from meeting the required dimensional standard; and 3.) if the variance is granted, no harm will be done to the public interest or the zoning code. It is the applicants' responsibility to present the case and provide the "burden of proof" as to why the variance should be granted. The personal situation of the applicant, financial hardship, convenience, a growing family, or nearby violations cannot be considered as valid reasons to grant a variance. Board Decision Checklist: (Approval Reasons): An unnecessary hardship is present and the current code requirements would be unnecessarily burdensome and prevent the applicant from using the property for a permitted use because: (Board of Appeals to choose speci�c conditions unique to property. May add or delete to this list): 1. No other alternatives exist. 2. The impacts of construction are being minimized by mitigation. 3. A minimal relaxation of code is being granted. 4. A permitted use is not possible on this property without a variance approval. 5. The circumstances are beyond the control of the applicant, and are unique to the property not the applicant. 6. The lot predates zoning regulations. 7. The construction matches the lot and available area. The hardship/unreasonably burdensome limitation of setbacks is due to unique physical features or limitations of the property and not the circumstances of the applicant as follows: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Very little or no buildable area exists. 2. The buildable are�lot is very narrow. 3. The lot depth is very shallow. 4. Steep�slopes exist. 5. The setbacks overlap here. 6. There is no other room far a septic system. 7. Overall smalllot size. 8. Erosion exists. 3 The variance will not harm the public interest or neighboring land uses, and damage the intent of the zoning code because: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Visibility is good at the driveway location. 2. Traftic is light. 3. The septic will be upgraded. 4. Traffic is slowed here. 5. A turnaround is proposed. 6. This would make a bad situation better. 7. Good vegetation exists or is proposed. 8. The proposed use will not hann the public, zoning code, or neighboring land uses if conditions are followed. 9. A literal enforceinent of the zoning code would be unnecessarily burdensome. 10. The testimony ii1 opposition has been considered but no valid reasons could be found to deny. (Approval Conditions): Therefore, the requested variance is hereby approved with the following conditions: (add or delete as needed): 1. The development must be in substantial compliance with the site plan and testi�nony provided at the public hearing. 2. The first floor elevation and filling and grading shall be done in accordance with the site plan and additional information provided at the public hearing. 3. The non-confornling must be removed within:days from the time the Land Use Permit is submitted. 4. All other required setbacks must be complied with. 5. All permits must be obtained, including land use, building, and sanitary. 6. All code requirements must be complied with. 7. It is the responsibility of the builder and landowner to protect the neighboring lots, lake, and road during construction. 8. Standard or Individual (pick one) erosion control and/or stormwater management plans (again either or both can be picked) must be in place prior to construction starting. 9. The driveway shall meet all code specifications and shall provide suitable turnaround to prevent backing onto the road. 10. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision, Sawyer County codes, and state and federal Laws. 11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval should mitigate those. (Denial Reasons): Unnecessary hardship is not present and the code requirements are not unnecessarily burdensome and will not prevent the owner from using the property for a permitted use because(Board of Appeals to ehoose specific conditions unique to property) : 1. The land owner 11as reasonable use already. 2. Cumulative impacts can be foreseen. 3. A self-imposed hardship cannot be grounds for an approval. 4. The Board concurs with the concerns expressed by 5. Other alternatives exist such as building in another location or building a smaller structure. 6. A loss of profit or inconvenience is not a hardsliip. 4 The hardship is not due to unique Physical features or limitations of the property and appear to be unique to the applicant as follows (Board of Appeals to choose speci�c conditions unique to property): L There are many other similar lots in area. 2. The code requirements are not unnecessarily burdensome and should be adhered to. 3. The hardship is unique to the property owner. 4. This is a self-imposed hardship. 5. No hardship noted. 6. A loss of profit is not a hardship. 7. No unic�ue lot features were noted by the Board. The variance will harm the public interest or neighboring land uses, and datnage the intent of the zoning code because(Board of Appeals to choose specific conditions unique to property): 1. An approval would set a precedent. 2. Public safety could be compromised. 3. This would inake a bad situation worse. 4. An increase in water runoff and erosion is anticipated. 5. Harm to water quality is anticipated. 6. The proposal appears to be for convenience to the landowner only. 7. An approval would underniine the code and harm the neighboring properties and public interest at large. 8. The landowner should pursue other locations or building plans. (Denial Conditions): Therefore, the requested variance is hereby denied with the following conditions (Board of Appeals to choose specific conditions unique to property): 1. The must be removed within days 2. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision, Sawyer County Codes, and State and Federal Laws. (Tabled): The requested variance is tabled to the O business meeting or O public hearing scheduled for , 2020. 1. This will allow the applicant to complete the following: 2. The applicant is instructed to contact the to attempt a resolution. 3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines,buildings, and ROW's. 4. A better site plan with elevations drawings is necessary. 5. An erosion control and stormwater management plan is required,and must be approved by ZAC to address those issues. 5 Timeline Dean&Heide Miller Cabin Construction @ 6953N Wolfe Point Lane,Stone Lake,WI Mav 2020—The Millers met with Jeremy Hill,owner of Hill Construction to discuss cabin renovation/new construction for existing cabin. Jeremy Hill suggest that the Millers meet with an official from the Sawyer County Zoning&Conservation Department at the site to discuss what would be allowed for a renovation or new construction. Jeremy Hill arranged a meeting on June 8,2020. June 8,2020—Jeremy Hill,owner of Hill Construction,Dean and Heide Miller,property owners and Pat Brown,Assistant Zoning and Conservation Administrator,Sawyer County Zoning& Conservation Department met at the Miller cabin located at 6953N Wolfe Point Lane,Stone Lake,WI on the eastern shore of Lake Lac Court Oreilles on Wolfe Point. Pat Brown stated that the options for new construction were to build in the existing footprint or 75 feet back from the lake. Since the lot is substandard,building 75 feet back from the lake was not an option. See Exhibit J-Certified Survey Map dated June 2,1989. Dean Miller asked what exactly was the footprint of the cabin. Pat Brown stated that the footprint was the existing cabin structure out to the eaves of the structure. Pat Brown also stated the new height of a structure built in an existing footprint could not exceed 35 feet in height from the floor of the lowest level to the top of the highest peak. The existing cabin cantilevered out five feet from the foundation including the eaves on the lake side. Jeremy Hill, Pat Brown,Dean and Heide Miller went to the front of the cabin on the lake side and looked at how the cabin including the eaves cantilevered over the foundation by five feet.The cabin not including the eaves cantilevered over the foundation by four feet. Dean Miller asked Pat Brown what we could do on the front of the cabin and Pat Brown stated that as long as we stayed in the existing foot print the walkway could exist along the front of the cabin. Dean Miller asked Pat Brown do you mean that we can have a 5 foot wide walkway across the front of the cabin and Pat Brown answered yes that is correct. This is the understanding that we(the Millers)had when we left the meeting on June 8,2020 with Pat Brown and Jeremy Hill. June 15,2020 -The Millers decided to move forward with considering a cabin rebuild in the existing foot print and Hill Construction drew up the plans reflecting the information and direction regarding existing footprint given to us by Pat Brown at the June 8,2020 on site meeting. August 12,2020—The Millers approved the final plans and building costs from Hill Construction for a cabin re-build in the footprint of their existing cabin. AuRust 27,2020—Carrie Bender,Hill Construction delivered the Land Use Application Permit (Exhibit A)to Sawyer County Zoning. Pat Brown from Sawyer County Zoning contacted Carrie Bender about a grading permit for the Miller construction and requested a set of plans since Timeline Dean & Heide Miller Cabin Construction—pa�e 2 this cabin was so close to the water, it would be a high profile build and a highly visible construction site. Pat wanted to review the plans right away to make sure everything was good. Carrie Bender emailed the building plans to Pat Brown for Zoning's review. See Exhibit B —email from Carrie Bender to Pat Brown dated 08/27/2020 at 2:36 pm indicating the Miller CONSTRUCTION Set 8-21-2020 pdf was sent. Au�ust 28, 2020 - Carrie Bender submitted the Sawyer County Application for Grading (Exhibit C) to Sawyer County Zoning. September 16 2020—Sawyer County Zoning issued Land Use Permit #20-339 (Exhibit D) for the construction of the Miller cabin by Hill Construction. October 26, 2020—Walkways, footings and basement walls are complete. See Exhibit E— photo of completed areas. January 19, 2021 —The Millers received the attached letter from Jennifer Croonberg-Murphy, Water Management Specialist for the Wisconsin Department of Natural Resources (Exhibit F) regarding information that they had received in relation to a seawall project in or adjacent to Lac Courte Oreilles, an Area of Special Natural Resource Interest (ASNRI) waterway. January 21, 2021 —Jeremy Hill, Hill Construction received the attached letter (Exhibit G) from Pat Brown, Assistant Zoning and Conservation Administrator, Sawyer County Zoning & Conservation Department. March 22, 2021 —The Millers received the attached letter from Jenny Murphy, Waterway and Wetlands Compliance Specialist for the Wisconsin Department of Natural Resources (Exhibit H) closing out the enforcement inquiry on the Miller property. "Based on the compliance review, it appears that the project did not take place on the lake bed and is not the jurisdiction of the department." April 14, 2021 —The Millers received the attached letter from Jay Kozlowski, Sawyer County Zoning& Conservation Administrator for Sawyer County Zoning & Conservation Department (Exhibit I) regarding the illegal expansion of walkways and relocation of retaining wall not in same footprint for property located at 6953N Wolfe Point Lane. Mav 27, 2021—The Millers applied for an A-T-F variance with Sawyer County Zoning & Conservation Department. Photo #5 taken on June 8, 1996 shows that the walkway extended in front of the single door of the cabin which is further than it extended at the Zoning site visit on June 8, 2020. The additional walkway shifted and was broken apart over time from the annual spring ice flows and ice surges on the lake over the past 25 years. 5i20/2021 IMG_0938.JP9 � t'� ' �� ` �� a � ~ � ��, ! ' �. 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'�4.,� }5, ��m. �, .T {; �� . y '..� e`�-��e` $ aa�, �� 9 � µ. .! -z4 .x. f�:."t,.v� .�.. �:�. y .: " i � . 3,�c'. is` ,.�f S $�q �+'y�-,:. � �' � � � .� � � �, � Y . �1� � � � � �� '� �� k ��h��Y�(� � � 4 ,}� �� Y "`n $�` � 32 � /� .� � �� ` ��:,:y , t . � k�- �: l D � , � � , a ,p ��^zn_.; �` �� Ow � � . _.. .: �� , ., �_- . , .. ..�...,.�. ..�.�:.��,�..�� • _,. https://mail.google.com/mail/u/1/#inbox/FMfcgzG kXSTfBzPKRLwfCn PzKzbsdgbW?projectora 1&messagePartld=0.1 i/l �~_�- ;�, t ,�; � �` � State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Tony Evers,Govemor 2501 Galf Course Road Preston D.Cole,Secretary Ashland,WI 54806 Telephone 608-266-2621 Toli Free 1-888-936-7463 ��p�� TTY Access via relay-711 January 19,2021 File Ref: 1109 Miller-2021 Dean& Heide Miller — 1157 Palisade Caurt I� Blaine, MN 55449 Subject: Waterway concerns on property� (ocated in Sec 6 T39N 08W described as PRT GOVT LOT 4 LOT 3 C5M ]21357#3034,Town of Bass Lake, Sawyer County Dear Mr. or Ms. Miller: The Department would like to speak with you regarding information received in relation to a seawall project in or adjacent to I,ac Courte Oreilles, an Area of Special Natural Resource Interest(ASNRI) waferway. The project site is located in the Town of Bass Lake, Sawyer County. Aecording to Sawyer County's ta�c records, the project site has tax key number 1945{listed to Dean& Heide Miller). Written authorization pursuant to s. 30.I 2(3m), Wis. Stats. is typically required prior to conducting this type of activity. A review of Department permit records indicates that approvals have not been issued. At this time, please discontinue additional work until#he Department has had an opportunity to discuss your project in detaii. Please note this work may also require authorization from the Corps of Engineers,Sawyer County, Lac Court Oreilles and/or the Town of Bass Lal:e. You should contact them as well to determine if additional regulations appiy to your project. Please contact me at(715)416-5017 or emai]Jennifer.GoonboreMtirphv(cr7wisconsin gov within 15 days of this letter to set up an appointment to inspect the site and determine a remedy to the situation. Your prompt attention in this matter is greatly appreciated. I look forward to hearing from you soon. , Sincerely, Jennifer roon org-Murphy ent Specialist CC: William Sande,US Am�ty Corps of F,ngineers Dan Tyrolt,Lac Courte Oreilles Band of Lake Superior Chippewa Indians Jay Koziowski,Sawyer County Zoning Erica Warshawsky,Town of Bass Lake Aaron Koshatka,Conservation Warden Keith Patrick, Waterway Field Supervisor File dnr.wi.gov � wisconsin.gov NaturalIy WISCONSIN �� RerydM Pape� �x I.�;:�,= '�� °�`.:SAWYE R COUNTY �. SAWYER COUNTY ZONING 8 CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49.HAVWARD.WISCONSIN 54843 .Phone(715)634-8288 Emaii:patbrown@sawyercounrygov,org Websile�.wwwsawvercountvpovorn Toll Free CourthouselGeneal Information 1•877-699•4110 January 21,2021 Jeremy Hil� GO Hill Construction LlC 15988 US Hwy 63 Hayward,WI 54843 Re:Construction at 6953N Wolfe Point Ln Jeremy, Recently our office has received phone calls and emails regarding the construction in progress at ihe address above. On the 19'^of January I made a site visit to veriry that the project was working within the conshaints of the Land Use Permit that was issued on 9/16/2020.I found that there was a newly constructed"sidewalk"or"seawall"constructed in an area that it wasn't previously located.By my pre-construclion field notes I show the original house cantilevered out four feel from the foundation.This sidewalk or seawall now extends out flve feet from the faundation wall. By ordinance that is considered a new siructure within the Shoreland setback area and unfortunately not allowed. This portion of the struc�ure will have to be removed or receive an after-the-fact variance.Please contact me within 14 days of this letter to discuss those options. if nothing is done to remedy this I will have to issue a citation(s)in the amount(s)of$438 and 3375 for Action Conducted without Land Use Permit and Setback Violations from navigable Waters.Additionalty a daily forfeiture would be determined by the courts. Please contact me by Fe6ruary 4'^2021. Thank You, �/�-��------- Pat Brown Assistant Zoning and Conservation Administrator / � �.� � n � n ! � � State of Wisconsin DEPARTMENT OF NATt1RAL RESOURCES Tony Evers,Govemor Ashland Service Center Preaton D.Cole,Seerotary 2501 GoH Course Road Telephona 60&266-262'I Aehland,WI 54806 Toll Frae i-88&936-7463 TTY Access via relay-711 � ovcaxamut�soar�s March 22,2021 File Ref: 1109 Miller 2021 Dean&Heide Miller 1157 Palisade Court NE Blaine,MN 55449 Su6jeR: Closeout of notice of enforcement inquiry on parcel located in Sec 6 T39N OSW described as PRT GOVT LOT 4 LOT 3 CSM 12/357 tl3034,Town of Bass Lake,Sawyer County Dear Mr.or Ms. Miller: This letter outlines the resuits ot our compliance review conducted on yaur property located in the Sec 6 T39N O8. The review was completed on March 10,2021. Department staff met with Sawyer County 2oning and reviewed zoning permit records and photos,current and historic aerial imagery, photographs and constru�tion plans submitted by your contractor,Wisconsin Surface Water Data Viewer and lidar imagery. Based on this compliance review,it appears the project did not take piace on lake bed and is not the jurisdiction of the department.Therefore,no additional enforcement action will be taken.Please be aware,department inac[ion does not preclude otherjurisdictions from taking enforcement action. I greatly appreciate your cooperation in this matter. The department strives to safeguard our natural resources and pu6lic interest,as well as protect the life,health and safety of all Wisconsin's citizens.It you have any future waterway and/or wetland questions,please feel free to email me at �jennifer.croonbor�mu rphv@wismnsin.zov. Sincerely, �__��,_ ��rPhY Waterway and Wetlands Compliance Specialist CQ William Sande, US Artny Corps of Engineers Dan Tyrolt,Lac Courte Oreilles Band of Lake Superior Chippewa Indians Jay Kozlowski,Sawyer County Zoning Erica Warshawsky,Town of Bass lake Aaron Koshatka,Conservation Warden Keith Patrick,Waterway Field Supervisor File dnr.wi.gov wisconsin.gov Naturally WISCONSIN �q NriwJ�1 � � �� h , �, ,-+� J- � SAWYER `�CO�UNTY o_._.--- SAWYER COUNTY ZONING 8 CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD,WISCONSIN 54843 . Phone(715)638-3224 Email�.jay.kozlowski@sawyerwuntygov.org Websile- www.sawyercounNpov.orp April 14, 2021 Dean & Heide Miller 11517 Pnlisade Court NF Blaine, MN 55449 C.C. Jeremy 3Ii11 Hill Conshuction, LLC 15988 US Hwy 63 Hayward. WI 54843 RE: lllegal expansion of walkways and relocation of retaining wall not in same footprint for property located at 6953N Wolfe Point Lane To: Dean &Fleide Our office received several complaints regarding the new construction located at 6953N Wolfe Point Lane. On February 15, 2021 Pat Brown from Sawyer County Zoning and myself madc an onsite inspec[ion repoR to venfy compliance with the issuance of Land Use Pennit 20-335. A[that time photos were taken that are further referenced in [his letter. At[hat same time the W I DNR was notified about potential violations regarding structureslretaining walls that were replaced below the wdinary high-water mark (OHWM). Over the next several weeks communication continued between the WI DNR and Sawyer County Zoning and Conservation. It was eventually detennined diat d�e WI DNR did not have enough evidence to pursue coiTective action from the point of structures placed below the OHWM. With thnt being said all corrective action, enforcement, and violations will be handled by Sawyer County Zoning and Conservation in that structures(retaining walls and walkways)were added that are outside of existing footpiints. The remaining part of tt�is letter will try and describe the specific violations that will require coaective actions. The first corrective action that I want to discuss is the walkway area under the cantilever poRion of the house. With there being the existing cantilever poRion of tlie house, you would be allowed to vertically expand within dia[existing footprint of the wall dimensions. Veitical expansion can bc either up or down. The walkway area under the existing wall of the cantilever portion is allowed Hy Sawyer County Zoning Shoreland-WeUand Protec[iai Ordinance and State Shoreland Zoning Standards. However,Ihe walkway area that was created is now 1' outside of tlie existing cantilever wall. This 1' expansion closer to the water includes the far eod wing-wall back to the point of where tl�e existing retaining wall angle �'�� C O`U N T�Y started. Again, Ihis expansion of the walkway and wing wall would not have been in au existing footprint. This area is shown on the attached (Photo#I). I am setting an order for correction to have that arca remaved by June 1, 2021 or apply for an After-the- fact variance. Failure to comply with this order fm�correction will result in a citation in amount$389.50 with a dail,y forfeiture recommendation of$50 to be submitted to the Courts. In conversations with the builder it sounds like this should be fairly easy to fix and removc that poRion. The sewnd area tha[ is in violation with die Sawyer County Zoning Shoreland-Wedand Protection Ordinance is two-fold. The area in question is the relocation of the vertical retaining wall that now extends flush witl�the foundation of the house. l,00king at Photo #1 and Photo #3 you can see that the retaining wall was replaced in a different location. Even though the retaining wall was relocated further back the ordinance requirements would only allow for replaccd within the existing footpnnt. This was also mentioncd and noted several times on the pe�mit that was issued. By relocating ihe angled retaining wall further back (outside of the existing footprint)H�e walkway area there was also expanded. 'I'his is where 1 consider this viotation two-fold. This would be considered a violation of Hie Sawyer County Zoning Shoreland-We[land Protection Ordinance. I am setting an order for correction to have that arcu removed, apply for an After-the-fact variance, OR relocate the new retaining wall back to the existing tootprint of the previous retaining wall by June 1,2021. Failurc to comply with this order for correction will result in a citation in amaunt$389.50 with a daily forfeiture recommendation of$50 to be submitted ro the Courts. The third area that is in violation with the Sawyer County Zoning Shoreland-Wetland Protection Ordinance is shown on Photo#1, Photo#2, and Photo#4. Looking at the photos I can clearly see that the existing walkway terminated at the point where the existing retaining wall peak angle was aL This peak angle was approximately 16"from the existing wall footprint dimension of the existing cantilever portion. It appears that there would be a gap here from where the existing walkway was(which is allowed for replacement in same footprint) and where the vertical expansion below the cantilever portion would be allowed. This expansion of the walkway of approximately 16"x5' would be in violation of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance. I am setting au order for corrcction to have that area removed OR apply For an After-the-fact variancc. Failure to comply�vith this order for correction will result in a citatfon in amount$389.50 with a daily forfei[ure recommendation of S50 to be submitted to the Courts. � f �� SAWYE R �� COUNTY I undeistand the lengthiness of this letter and if there is any confusion about tlie specifics of the violations mentioned in this letter please feel free to contact me. Office hours are SAM-4PM, M-F�nd 1 can be reached at the information at the top of this letter. Thank you, � Jay Kozlowski Sawyer County Zoning& Conservation Administrator � �.i� � . �.I� yf -- / i F��. ` �'.� ,� _-.,..,. , � •� ��7�.i A�l� *ecnsc aT�G'co•iv� �� % a Y''�P e' 1ic�t„kH&H "�oreor,ve .` �t; ' ' . � ��. �� - �� . �� i��r',� , ... � i I� . 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'� � �a a ' �� a m� �`p r,� k '��s,{ i E � ti,3 t � Jr ., ?�� u�z �`ti,-7r-- • "' �`!, " ;�,'� i". �''� i ♦ APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS ADDITIONAL INFORMATION (To be completed by applicant) Completed by Dean A & Heide M MILLER (First Name) (MI) (Last Name) The purpose of this fonn is to provide you with information that pertains to the granting of"area/dimensional" variances and to assist you in preparing for your presentation before the Sawyer County Board of Appeals. Use additional paper for responses if required. Example responses are not related to any variance ever reviewed by the Board of Appeals. This form will become a part of your application packet and is to be returned to the Zoning Department by the variance application deadline. Part 1 . Applicant supplied Information. Current use of your propert�provements - (e.g., "Property contains a residential hoine with a detached garage.''). Property contains a new construction residential home that is built in the footprint of an old three season cabin. The original cabin was purchased in 1994. Describe the variance requested — (e.g., "Add a l 5' x 20' addition to the side of the hoine.''). 1. Existing wall (1' x 21' ) outside building cantilever to remain 2. Retaining wall outside of previous footprint but farther from lakeside to remain as well as walkway that is in previous footprint (11'x 4' triangular portion) 3. Walkway (5'x 1.5') to connect two areas of approved walkway to remain See Photo 1 from Sawyer County Zoning -3 Areas of Concern. The proposed request is for an A-T-F variance for a 1' shoreline setback for the elements described above. Describe the effects on the Qropertv if the variance is not �ranted — (e.g., "The addition is required far year-round living and protecting property value."). Further erosion from ice flows will adversely affect the property and adjacent properties. By removing 1' of concrete,from the existing wall in #1 listed above, a wedge is created and ice will push off to the south damaging the shoreline instead of moving off to the side. There is several feet of concrete plus footings in the new retaining wall in #2 listed above. If additional cement was added to create the previous angle (11' x 4"), water would infiltrate the wall and the triangle, which would freeze and create separation and erosion between the two walls. Cutting out the triangle (11 ' x 4') and planting flowers in this area would create worse erosion. The erosion would jeopardize the integrity of the structure. The retaining wall was moved back about two feet further from the water, provides better erosion control and removed a pinch point for ice flow deflection which could cause further shoreline erosion. Further erosion from ice flows and heavy rain will affect the property and shoreline if a 5'x 1.5' section is removed from the walkway. Photo#5 taken on June 8, 1996 shows that there was a cement walkway in front of the small door of the cabin. The walkway shifted and was broken apart over time from the spring ice flows and ice surges on the lake over the past 25 years. Describe alternatives to the requested variance such as other locations desi ng s and construction technictues. Attach a site map showin�alternatives that you considered in each category below. a) Alternatives you considered that will comply with existing standards. If you find such an alternative, you may move forward with this option with a regular permit. lf you rejected compliant alternatives, provide the reasons that you rejected them. (e.g., "Space is not available to expand in any other direction or location. House is too close to the side lot lines and the lake." A meeting was held at the property on June 8,2020 witb the Millers,Jeremy Hill, Hill Construction and Pat Brown, Sawyer Co Zoning to discuss building options. Pat Brown stated that the options for new construction were to build in the existing footprint or 75 feet back from the lake. Since the lot is substandard,building 75 feet back from the lake was not an option. See Exhibit J-Certified Survey Map. The only option was to re-build the cabin in the existing'`footprint". Based on our conversations that day with Pat Brown,we felt that we could build a 5'walkway in front of the re-built cabin; that we could relocate the existing retaining wall as long as it was within the existing footprint—it was moved further back from the water and the size of the walkway was slightly increased but it was still in the"footprint"of the existing cabin;and expanding the existing walkway as this existed in the past as shown by Photo#5 dated June 8, 1996. The plans for the Miller cabin re-built were submitted on August 27,2020 to Pat Brown at Sawyer County Zoning by Carrie Bender from Hill Construction. These plans were designed by Hill Construction to fit the regulations that Pat Brown described to us on site on 7une 8, 2020. The re-built lakeside sidewalk along the lakeshore adjacent to the cabin was designed to be in the same footprint as the old sidewalk. Pat Brown told us that we were also allowed to build a new sidewalk under the cantilevered part of the cabin,as it fit under what Pat described as the"footprint"of the building. From that conversation,our interpretation of what Pat told us the allowed sidewalk size would be,fell inside the"footprint"of the roof overhang of the existing cabin,in terms of what was allowed for a sidewalk,and this is how Hill Construction designed the plans,with a 5' sidewalk under the cantilevered part of the cabin,to be inside the roof line. The building plans that were emailed to Pat Brown on 8/27/2020 from Hill Construction show a 5' walkway in front of the cabin,the straight retaining wall with a slightly increased walkway and the new section of walkway—all in question in the April 14,2021 letter. Land Use Permit#20-339 was issued for the Miller cabin on 9/16/2020. Attached is a photo taken on 10/26/2020(Exhibit E)showing the completed walkway,retaining walls and foundations as per the plans dated 8/27/2020. Jeremy Hill,Hill Construction received a letter from Pat Brown, Sawyer County Zoning on January 21, 2021 stating the newly constructed"sidewalk" was five feet from the foundation wa1L This 5 foot sidewalk was indicated on the plans from Hill Construction that were received by Zoning on August 27,2020. Why wasn't this brought to the Miller's or Hill Construction's attention prior to the issuance of the Land Use Permit on September 16,2020 or when the cement wark was completed on October 26,2020. Based on the letter to Hill Construction on January 21,2021 and April 14,2021,we are now hearing that the°`footprint"that we should have used to build the sidewalk within was the wall line of the existing cabin,not the roof overhang,which would have resulted in a sidewalk that would have been 4' wide. We met with Zoning prior to creating any construction documents to make sure that we would not have to ask for a variance of any kind. We knew this would be a high profile build and it would be highly visible from the lake and that it would generate some complaints. We thought we had followed all the steps that were needed to re-build our cabin once we were granted a Land Use Permit since Zoning had reviewed the Construction plans prior to issuing the Land Use Permit.. b) Alternatives you considered that require a lesser variance and reasons you rejected them. (e.g., "Addition is the ininimuin size that is required."). We did not realize that we had to consider any other alternatives that require a lesser variance as we had met with Sawyer County Zoning and the plans for our cabin re-build had been submitted to Zoning on August 27,2020. We were issued a Land Use Permit on September 16,2020(Exhibit D). Describe the impact on your property and adjacent properties if the variance is granted. (e.g., "Erosion during construction—will be controlled with silt fencing. After construction there will be a greater impervious surface area. Gutters and downspouts will be used to divert water away from other properties and the lake. Shoreline buffer zone will be planted with native vegetation, trees and shrubs."). The Millers have changed a cement sidewalk on[he plans to a pervious surface of either a TREX or a crushed stone walkway. In addition,two rain gardens are being installed so that gutters and downspouts will drain into the rain gardens and the water is filtered before it reaches the lake. We are already working with Kelly Nechuta,Sawyer County Zoning and Dragonfly Gardens on the rain gardens. Part 2: Three-Step Test. To qualify for your requested variance, you must demonstrate that your property meets the following three requirements. TITis is known as the "three-step test." 1) Unique Property Limitations. Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (�nowing family, need for a larger garage etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections froin neighbors or the Town Board do not provide a basis for granting a variance. Do unique physical characteristics of your property prevent compliance with the ordinance? � Yes. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives considered. (e.g., "There is a wetland area that extends around one side of the house and also behind the house."). This is a small lot with only 60 ft of frontage and it tapers back in a pie shape. There was no option to move the cabin back 75 ft setback because there would be no lot left to build on. . See Exhibit J—Certified Survey Map dated June 2, 1989. This why we met with Zoning on 06/08/2020 on site to review the parameters of building in the existing footprint. Our entire planning and building process has been very transparent. ❑ No. A variance cannot be granted. 2) No Harm to Public Interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board of Appeals must consider iinpacts of your proposal and the cuinulative impacts of similar projects on the interests of the neighbors and the entire community. Some, but not necessarily all of these considerations are: (1) Public health, safety and welfare, (2) water quality, (3) fish and wildlife habitat, (4) natural scenic beauty, (5) minimization of property damages and (6) achievement of eventual compliance for nonconforming uses, structures and lots. Explain how the�nanting of this variance would not harm the public interests or how it may even enhance the public interests. There is no harm to public health, safety and welfare since this is just on our property. By adding the two rain gardens, the water quality will be improved by having a filtering systein for the run-off rain water prior to it entering the lake. The walkway and walls as they currently stand provide for better erosion control than what was previously there. Leaving the front walkway as it is would prevent erosion and prevent harm to the water quality and fish and wildlife habitat. Removing the 1' of concrete would require heavy equipment and manpower to cut and remove the cement. The concrete in the walkways are at least 2' thick and will require small cuts and chipping to remove which may cause erosion and may harm the water quality and fish and wildlife habitat. I 3) Unnecessary Hardshi�. An applicant may not claiin hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home.). Courts have also determined that economic or financial hardship does not justify a variance. When detennining whether unnecessary hardship exists, the property as a whole is considered rather than just a portion of the parcel. You are applying for an ``area variance.' An area variance relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardship exists when compliance would unreasonablyprevent the owner from usin 7 t�he propert. f�permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The iinportance of the public purposes of the ordinance, the degree to which the restriction supports those purposes and the extent of the relaxation of the restriction are weighs against the limitations full coinpliance would impose on use of the property. Is unnecessary hardship present? � Yes. Describe. The concrete walkway is at least 2' thick with additional rebar, as it was designed to withstand the tremendous ice heaves that occur on this portion of LCO lake,so it would be very difficult to cut out and remove. The concrete dust,the concrete chunks,the equipment that would be needed to remove the concrete would contribute to further erosion of the shoreline. The structural integrity of the re-built cabin may be in jeopardy. ❑ No. A variance cannot be granted. See Timeline Dean & Heide Miller Cabin Construction @ 6953N Wolfe Point Lane, Stone Lake, WI and additional Exhibits and Photos. carrie@hiliconstruction.net �f~� �� 4� � Frorn: carrie@hiliconstruction.net Sent: Thursday,August 27,2020 2:36 PM To: Pat Brown Subject: Miller Plans Attachments: Miller CUNSTRUCTION SET 8-21-2020.pdf Hi Pat, I'll get that grading permit over to you tomorrow. Carrie eender Business Manager Hrll Constructron,!LC 715-638-0844 HILL CONSTRUCTlON Qtntdy t�tom Homcs De��—Bu�d 1 r ��-�� h�i��>� _ , � Sawyer Cou�ty Appllcalion fo� r D� fD 10610 Mai�St.Suite �� Hayward WI 54843 . A��2p�� # 715/634-8288 � N ��+.�'lYEFCOUNTY � '..�•i:.c,Af)MINISTRqTiQ,y� � � CONSTRUCTION SHALL NOT BEGIN UNTIL ALL RE�UIRED PERMITS HAVE BEEN ��p ISSUED. SIGNATURE OF PROPERTY OWNER IS REUUIRED. a" 0 — ,y/ — �/ F ' ---// �O�S�77eUCT/ � Owner. EiY-i�( f � ./�/JCL_ Con�rector. /G( [�' ,l Me+r naareg5: /�5�7 �'ncrshneCr n��im�naaregg_�S�A�uf f/ 6 ✓ S ci s�ace z�: 3cRr�.tE /N,�1 5 Sy ;�,s��e,r: A�� t,�/ � T Phone: 7G 3-Z/S'ZSD� Phone:7/S�G3�I-G 7SD n / ____— / — 1 -/ � m ' � Email: i�IPI�Rf 4iL.CON�t Email:� i! �ri��o�J7/+K7Ib�. � I �� _ � S�te address�S.3/-� /.✓OtFE I��NT�iJ� �ID KE�NL'E �� Q � Calculata grading area:(Tofal area d�sturbed fncluding ezcavation,RII,grading, ;y � landscaping,equlpment rutting,andlor other areas vegetation will ba removed resuiting W� in exposed soll� � , Delermine widlh of disturbed site in feet�,��_fl,x deplh of disturbed sile in feal:S,�ft. � Total= 3/1�D sq.ft.(lhis is the area caiculation) Determine Slope of disturbed area:Vertical helght In feet�J +Honzontal distance in -� teet.T3 =slope•//3Z x too=�._%siope ° (1V/1H=Slope X 100=Percent Slope) � m 'Por any fllling or grading of any area which Is within 300 feef landward of the ordinary � higl�water mark(OHINAA)of naWgebla water and which has surfece drainage toward the j water and on which there Is ekher: !. (1) Any 811ing or grading on efopea o!more t7�en 20Y.. -F� (2) Fllling or grading of more than I,D00 sq.ft.on slopes of 12%2U%. /l (3) Fllling or grading of mare than 2,000 sq.k.on slopes less than 12Y.. ��l (4) A Grading PertnR Is required tor eny ftlling or groding In eaceas of�0,000 sq.R b wRhln 1,000'OHWM o t n a v l 0 a b l e l a k e a,p o n d s,o r n o w a g e s O R w k h i n 3 0 0'o l O H W M m � navlga6le Aven or streama. � Date adivity will egin if permil is Issued: � Z� dele to be � compleled: ZOZ �Ny AMneh engineering design or complete the following using addltional sheets: ` 1. Describe proposed erosbn canlrol Instellallon,construdion phesea,antl Mished sile greding. — Include Gmeline,methods,and materials.(Sitt Fenee atone Is not ample erosion control tor c most sitea) � e CU��M AT LHKEirzo�tT m �y�E � �jpT T�2�rarry � ,�y 3e Fc.r+ce� Ar rNE sr►�'r or- DGin� � aemA�N �Kr�� p�,�tAL G,2ADtNGs�'r /�rtoJEcT E�D. (�oN'54�2�tCnoN TO 43E�irt hritl-SEPrem/3caf 0 d m � � C 2. List temporary seed type and rate, pertnanent seed type and rate, fertilizer type and application rate (if applied), and mulch type and application rate. /✓0 TE+�-Pa �'xiQSl SEE�t�.1G ri-S $uL/C oF L'oNstK vc �/ a �•/ r,�r� � � �3 E R o n�E D u R,/�V fnu�/w ��t �2 �n v ni rN�S. — EXCELS �OR /��TT ��' To 9E. PLAC� IN G2gDeZ� ��-C� /?F�T�2 fj /�C�'C f-� � C. �F��e.Lo..,.,...�?.e.� �`+.�- cv��-�1e�5�e.,.i� be.',..�a1�c�„ Q. (>Ht�JF-'�. 3. Attach a plot pian of p�oJect area including location of any wetland(s) and/or waterway(sj (indicate area between grading project and water body to be left undisturbed), location of excavated material, location of all storm waker and erosion conhol Best Management Practices (BMP's), property lines, exis6ng drainage, post grading drainage pattern, and north arrow. (Silt Fence atone is not ample erosion control for rnost sites) IflYF1PLE ERLBKN� -- _� � -- -- COf(T� �O�(7ROlPU1N \ � � � lLBEND iOR 1 OA� � \ � _ w�oc<rtir FANILY - -- whaLnos i \ ` \ N "` I 1 eai,-isc: � � ---- toie�o► _ .. �..-a�rsia�cr I ` , � \ , � _e,_� ro dvcr�tic.� � V � o��ne ��v�n 1 I � � - ovu�a f --� � —�,1� �� .. . ....._ u�i.aii U '� ..� ,. \� � �� .-.,-�-_ �� .uaw,00e.ov�a.m � _,,,. srsoi.n�aavm .. .�e� OYO�l�RM �� „a„-< � � '� n.�•- cwnenon ar coasmcio� I fp �'�'c� � � awn r vGf`+IG� ,.�,_..c � W��uHCR��T �,�U��p lLLiiGa J4 \ `` �/ ` I, \LE �R[�LR.4:LV i�� ,i —.�v........ .. Tii J��.�� J?.�OPLLD MYLIf� � � � f SC�LF: 1 .�O' �—�-- i ooatxr:anawr :rrQr�wc �'�-,.�Twocue MGWRrw � n � 4. Attach a cross secGonal view of proJect area including the existing and proposed siope of the bank, waler level of any existing waterway, and horizontal and vertical scale. Initial betow �All BMP's and erosion control devises will be Inspected weekly and after rainfall of 'fr' or greater within 24hr period. � In accordance with the Sawyer County Zoning Ordinance section 4.281(Adverse Effects On Adjacent Properties). ! hereby declare that the construction andlor grading permitted under this permit wili not affect or interfere with neighboring properties drainage patlems. Any change in drainage patterns which are determined lo be detrimental to neighboring properties will be correcied at the expense of the property owner raferenced on this permit. The undersigned certifies that the listed information and intentians are true and correct, that ail work shall be performed in compliance with the requirements of the Sawyer County Zoning Ordinance and the laws and regulations of the State ot Wisconsin. The undersigned person(s) hereby give permission for access to the property for onsite inspection. ��' V\`1J"`--`1=^ �C�f1i.J � • Uv`. l lP(Z Original Signature of property owner (or agent with Power of Attorney}. PermitFee: �/Od � �� Rcv-Il2020 o�r�� ,�� - _ — G�t��r NG �� P"`�r.�` ' � � � H ILL __. _ �� C� �� f $ coNsr�ucrioH ' � �� I l�L 7 6 [3 E H Kl v�t� ne'�p°�&,�d � ,��-- -� m�--��- _ �. , � I �� .._��,` �,,s OF�=-5�r� "_"---: ,� � � , � � -- �"� ; , � � # �xCE�S ro2 I�1arr�NG Ta $E Pc.RcEb �{ �-- � � /�-F'F`�1Z. ►3 R LCP 14C. I N G R M��E"� A/LGr4 y ��i �.�_. �� . 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O 0 Inspection Report � � w �, Owner(s) Dean&Heide Miller � r Address 11517 Palisade Court NE r [� 77 AgendPurchaser d � Address � y X z Bldr/Plber/CST � Address m d Inspection � Private ❑ Public Violation Zonin m � g ❑ Sanitation � Dwelling ❑ Mobile Home ❑ Commercial ❑ Garage ❑ Addition � Setback-Lake ❑ Setback-Road ❑ Setback-Lot Line ❑ Soils Verification � � Insoection Reoort for ATF Variance �- < ,� 0 WD#243756 0.26 Acres RR-1 CSM 12/357 #6953N Wolfe Point Lane °a � 0 �vq1 k�,� e.r P-�>:�,. .�. ,a:.�. 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The Board of Appeals��ould like rour cooperation in stating the reasons or comments why you approved,denied,or tabled the request. Re: VAR#21-005,Uean&Heide Miller Granting of the variance would be contrary to the public interest and�vould not be in compliance with the spirit and intent of the Sawver County Zoning Ordinance and the Town of Bass Lake's Comprehensive Plan (Section 8.10)because: 1. It does not meet the 3-step test. 2. [t would be for the convenience of the owner to widen the walkwar to 5 feet. 3. It would be a self-created hardship caused 6� the misinterpretation of Sawyer County Zoning Regulations altowing a�l'walkway. 4. [t would not be due to special conditions unique to the proper[y since the walkwav could be moved back. 5. [t is not in the public interest. The Town of Bass Lake Plannin�Committee recommended denial bv the Town Board. Dated this 12'� Day of Julv.2021 � �' , . � �� > - :� , _ - �, � �l �z��-.- ;,; Erica WarshaHsky.C�erk �`I�� _" i�'i , ��,� �3 `tC21 ;_ L'L` _,:��Jr; ;�;i�ot� SAVd`(`— ...�� pivltSu A4�i1��• Kathy Marks From: Kathy Marks Sent: Thursday, July 22, 2021 9:12 AM To: 'Heide Miller' Subject: VAR #21-005 Approval Letter Attachments: VAR #21-005 D&H Miller letter.pdf Heide& Dean, Attached is the approval letter for your Variance#21-005 that was approved on July 20, 2021, please keep for your files. You will also be getting the approval letter in the mail at your elaine address. Any questions please let me know. Hove a good day! Kathy Marks Deputy Zoning& Conservation Administrator kathv marks@sawvercountv4ov.orq 715-638-3225 Sawyer County Zoning& Conservation 10610 Main Street, Suite#49 Hayward, WI 54843 SAWYE R COUNTY � SAW Y E R Sawyer County Zoning&Conservation Administration 10610 Main St�eet,Suite 49 C O U N T Y Hayward,Wisconsin 54843 Te%(715)634-8288 E-mail:kathy.marksC�sawvercountv o� ��n�1'. July 20,2021 �J�_U1�� VAR 7i21-005,Dean&Heide Miller Notice is hereby given that on July 20,2021 the Sawyer County Board of Appeals approved Variance#21-005. Part of Government Lot 4,Lot 3 CSM 12/357#3034;506,T39N,R08W;Parcel q002-839-06- 5404;.260 total acres;Zoned Residential/Recreational One(RR-1). Application requested:3 specific elements of an after-the-fact variance request.1)The construction of a patio/walkway area that is outside of the existing footprint area of the existing cantilever portion. This would be viewed as a 1'x 21'expansion area of the patio and wing-wall closer to the water. 2)The second element of the request has 2 specific expansions related to the same area. First is the relocation of an existing retaining wall not within the existing foot print. This existing retaining wall was relocated further from the water. The second specific request is by moving the retaining wall further back a smaller portion of walkway was added. The approximate size of the walkway expansion area is an 11'x 4'triangular portion. 3)Is the expansion of a walkway area that is approximately 1.5'x 5'. There was an existing walkway which was allowed for replacement and expansion of the patio area underneath the cantilever portion. However, there was a small gap where there wasn't an existing walkway area which has now expanded. All of these setbacks would be measured at 1'to the OHWM of Lac Courte Oreilles at the closest point. All other setbacks would be met. Variance requested as: All of the variance elements would be subject to the Section 6.1 Shorleand Setbacks of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance would require the prior granting of a Variance for any new structures not within the existing footprint of the existing structures closer than 75'. This proposed request would be for an A-T-F Variance of a 1'shoreline setback for the elements previously. Motion by Gerber to approve the Variance as presented,second by Dobilas. Vote of 3 to 2. Motion to approve carries. ' Findings of Fact: 1) There is no change in use in the Zone District. 2) It is not harmful to the rights of others. 3) It is not detrimental to the health and community of the lake. Any questions please contact our office at the above information. Any person or persons jointly aggrieved by the decision of the Board of Appeals may commence an action in the Circuit Court for Writ of Certiorari to review the legality of the decision within 30 days after the date of this notice. Kathy Marks Deputy Zoning& Conservation Administrator SAWYER COUNTY ,�n-�) _, Sawyer County Zoning & Conservation Administration ��C%//b�'v 10610 Main S[reef,Suite#49 Hayward, WI 54843 715-634-8288 Kathy.marks@sawyercountygov.org Notite of Public Hearing June 8, 2021 VAR#21-005, Dean&Heide Miller Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on July 20,2021. This hearing will begin at 6:00 P.M.at the Sawyer County Courthouse, 10610 Main Street, Hayward,WI 54843. Please use the rear entrence from Kansas Avenue. It is recommended that either you or a representative be present at the Hearing. A lack of information about the situation may result in an unnecessary delay of a decision. Failure to appear may result in the denial of the application. If it is impossible for you or a representative to be present, please submit a written statement to this office directed to Alan Gerber, Chairman of the Board of Appeals. This statement should include a description of the general terrain and surrounding development and your proposed intentions or purpose of the request. Photographs of the property and/or buildings are helpful. Explain the undue hardship inflicted upon you by conforming to the required minimum regulation,which induced the variance request. Convenience and financial loss or gain does not constitute a zoning hardship. Your application will also go before the Town Board for their review. Some Towns also have a Planning Commission. Please contact the Town Clerk, Erica Warshawsky at 715-634-8469,or email ericaw@basslakewi.Rov to obtain information on the meeting(s)you should attend. Kathy Marks Deputy Zoning&Conservaiion Administrator Enc. SAWYER COUNTY SAWYER COUNTY ZONING & CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54843 • Phone (715) 638-3224 Email: jay.kozlowski@sawyercountygov.org Website: www.sawvercountygov.org April 14, 2021 Dean & Heide Miller ll 517 Palisade Court NE Blaine, MN 55449 C.C. Jeremy Hill Hill Construction, LLC 15988 US Hwy 63 Hayward, WI 54843 RE: Illegal expansion of walkways and relocation of retaining wall not in same footprint for property located at 6953N Wolfe Point Lane To: Dean & Heide Our office received several complaints regarding the new construction located at 6953N Wolfe Point Lane. On February 15, 2021 Pat Brown from Sawyer County Zoning and myself made an onsite inspection report to verify compliance with the issuance of Land Use Permit 20-335. At that time photos were taken that are further referenced in this letter. At that same time the WI DNR was notified about potential violations regarding structures/retaining walls that were replaced below the ordinary high-water mark (OHWM). Over the next several weeks communication continued between the WI DNR and Sawyer County Zoning and Conservation. It was eventually determined that the WI DNR did not have enough evidence to pursue corrective action from the point of structures placed below the OHWM. With that being said all corrective action, enforcement, and violations will be handled by Sawyer County Zoning and Conservation in that structures (retaining walls and walkways) were added that are outside of existing footprints. The remaining part of this letter will try and describe the specific violations that will require corrective actions. The first corrective action that I want to discuss is the walkway area under the cantilever portion of the house. With there being the existing cantilever portion of the house, you would be allowed to vertically expand within that existing footprint of the wall dimensions. Vertical expansion can be either up or down. The walkway area under the existing wall of the cantilever portion is allowed by Sawyer County Zoning Shoreland-Wetland Protection Ordinance and State Shoreland Zoning Standards. However, the walkway area that was created is now 1 ' outside of the existing cantilever wall. This 1 ' expansion closer to the water includes the far end wing-wall back to the point of where the existing retaining wall angle SAWYER COUNTY started. Again, this expansion of the walkway and wing wall would not have been in an existing footprint. This area is shown on the attached (Photo #1). I am setting an order for correction to have that area removed by June 1, 2021 or apply for an After-the- fact variance. Failure to comply with this order for correction will result in a citation in amount $389.50 with a daily forfeiture recommendation of$50 to be submitted to the Courts. In conversations with the builder it sounds like this should be fairly easy to fix and remove that portion. The second area that is in violation with the Sawyer County Zoning Shoreland-Wetland Protection Ordinance is two-fold. The area in question is the relocation of the vertical retaining wall that now extends flush with the foundation of the house. Looking at Photo #1 and Photo #3 you can see that the retaining wall was replaced in a different location. Even though the retaining wall was relocated further back the ordinance requirements would only allow for replaced within the existing footprint. This was also mentioned and noted several times on the permit that was issued. By relocating the angled retaining wall further back (outside of the existing footprint)the walkway area there was also expanded. This is where I consider this violation two-fold. This would be considered a violation of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance. I am setting an order for correction to have that area removed, apply for an After-the-fact variance, OR relocate the new retaining wall back to the existing footprint of the previous retaining wall by June 1, 2021. Failure to comply with this order for correction will result in a citation in amount $389.50 with a daily forfeiture recommendation of$50 to be submitted to the Courts. The third area that is in violation with the Sawyer County Zoning Shoreland-Wetland Protection Ordinance is shown on Photo #1, Photo #2, and Photo #4. Looking at the photos I can clearly see that the existing walkway terminated at the point where the existing retaining wall peak angle was at. This peak angle was approximately 16" from the existing wall footprint dimension of the existing cantilever portion. It appears that there would be a gap here from where the existing walkway was (which is allowed for replacement in same footprint) and where the vertical expansion below the cantilever portion would be allowed. This expansion of the walkway of approximately 16"x5' would be in violation of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance. I am setting an order for correction to have that area removed OR apply for an After-the-fact variance. Failure to comply with this order for correction will result in a citation in amount$389.50 with a daily forfeiture recommendation of$50 to be submitted to the Courts. SAWYER COUNTY I understand the lengthiness of this letter and if there is any confusion about the specifics of the violations mentioned in this letter please feel free to contact me. Office hours are 8AM-4PM, M-F and I can be reached at the information at the top of this letter. Thank you, Jay Kozlowski Sawyer County Zoning & Conservation Administrator SawyerCountyZoning&Conservation SAWY E R Administration 10G10 Moin Stree[,Suite 49,Hayward,WI 54843 CO U N T Y OJJire(715J 634-828$Direct(715)638-3215 6maiC kpthy.morks@sowyermuntygov.org August 18,2022 Re:VAR#21-005,Dean&Heide Miller To the best of my knowledge 1,Kathv Marks—Deputv Zoninq Administrator believe that the information regarding Variance#21-005,Dean&Heide Miller from the July 20,2021 and April26,2022 in Yhis packet are true and correct. If you have any questions please contact our office at 715-635-3225 or contact me at the information above. Kathy Deputy Zoning Administrator Enc. - � Case 2022CV000064 Document 13 Filed 08-17-2022 Ps+ye 1 of 7 FILED 08-17-2022 Clerk of Circuit Court BY THE COURT: Sawyer County,WI DATE SIGNED: Augusl 17, 2022 2022CV000064 STATE OF 1l��Illy siqned by F�R�hT��son SAWYER COUNTY ___ __ irc �i[ o irt J idge _ _ lAC COURTE OREILLES LAKES ASSOCIATION, INC., ORDER FOR PRODUCTION Petitioner, OF RECORD vs. Case No. 2022CV000064 THE SAWYER COUNTY BOARD OF APPEALS, Respondent. WHEREAS. the Sawyer County Board of Appeals (the �'Board") held hearings on Miller Variance Case #21-005 on July 20, 2021, and again on April 26. 2022. WHEREAS. following the first hearing on .luly 20, 2021, Petitioner filed a Petition for a Writ of Certiorari Regarding the Legality of the Decision in Variance Case #21-005. That is Case No. 2021CV000112. The parties then entered a stipulation, and the Court entered an order based on the stipulation reversing and remanding Miller Variance Case it21-005 for reconsideration consistent with applicable law. WHEREAS, following the second hearing on April 26, 2022, Petitioner filed a Petition for a Writ of Certiorari Regarding the Legality of the Second Decision in Variance Case�21-005.That is Case No. 2022CV000064. WHEREAS. it is necessary to obtain and file the full record from the July 20, 2021, and the April 26. 2022, hearings before the Board on Variance Case#21-005. - ' Case 2022CV000064 Document 13 Filed 08-17-2022 Page 2 of 7 NOW, THEREFORE, IT IS HEREBY ORDERED that the full re�ord from the July 20. 2021, and the April 26, 2022. hearings before the Board on Milier Variance Case�t21-D05 shall be produced and filed by the Board. D"ated: The Honorable John P. Anderson Judge of Circuit Court Case 2021CV000112 Document 9 Filed 10-21-2021 Pa,ye 1 of 4 FILED ' 1�-21-2021 Clerk of Circuit Court ' Sawyer County, WI DATE SIGNED: October 20, 2021 2021CV000112 Electronicaily si�ned by John M. Yackel Circuit Court Judge STAT� OI' WISCONSIN CIRCUIT COURT SAWY�R COUNTY LAC COURTE OREILLES LAICES ASSOCIA'I'ION, INC., S1'Il'ULATIUN AND ORD,CR TO Petitioner, REVERSI� ANll REMAND FnR 12�CONSIDERATION CONSISTFNT �,s, WITH APl'LICABL� LAW 'fI-IE SAWY�R COUNTY BOARD OF APPEALS, Case No. 21-CV- 112 � Respondei�t. WHERLAS, on July 20, 2021, Respondent Sawyer C;ounty Board of Appeals (the "Board") N , approved iu its entirety an application for a variance in Variance Case #21-005. ,� WH�REAS, on Augt�st 19, 2021, Petitioner Lac Cotu•te Oreilles Lakes Association, Inc. i ("CULf1") filed a Yetition for a Wril of Certiorari Regarding tlie L,egality of the Decision in ; , � Variance Case #2l -005. �` W�IEREAS, the Board aclaiowledges that its July 20, 2021, decision on Variance Case ' � #21 -005 improper because the Board failed to follow aild apply the legal standards required of �. , f Wis. Stat, § 59.694(7)(c)2, Sawyer County Zoning Shoreland -Wetland Pt•otection O�•dinance 13.4, � , , and the Rules and By-Laws of the Sawyer County Board of Appeals itself. ' r' I� ; � I Case 2021CV000112 Document 9 Filed 10-21-2021 Page 2 of 4 NOW, '1'HEREl�'ORE, in the iuterest oP judicial economy and to prevent unnecessary expenditure of attoruey fees and litigatioii costs, it is HEI�IiI' STIPULAT'�D by and between the parties l�ereto, through theic respective counsel, tl�at the Iioard's decision on Variance Case #21-005 is reveised and remanded back to the Board for reconsidei•ation at the Boai•d's uext meeting with a decision issued based ou the legal standards rec�uired of Wis, Stat, � 59.694(7)(c)2, � ,I i r i� ; f �� i f, � � 'l � 2 �: � I` �� ,; i: � Case 2021CV000112 Document 9 Filed 10-21-2021 Payc: 3<af�1 Sawyer County Zoninb Shoreland -Wetland Protection Ordinance 13.4, and the Rules aud By- I,aws of the Sawyer County Board of Appeals, LAW OrI+IC�OI�' SIV�RTSON AND BARRETT�,P.A. , � Date: Octobe►• ]8, 2021 Marit M. Sivertson( I #1 U72217, MN#392465) �nlrit.sivertson�c>5ivbar,com Alf T;, Sivertson (MN#122233) ��H',si vcrtson(u>,si vbar,com 1465 Accade Street Saint Paul, MN 55106-1740 Pl�one; (651) 778-0575 Facsimile; (651)778-I 149 A'TTORNEYS FUlt P�TITIONI;R TH�LAC COUIt'I'E OR�TLL�S LAI�S ASSOCIA'TION,INC. Date: ��/�- Z� / Tho •J. uffy (WI� P,O. ox 839 Haywar , I'3A�843 Phone:(715) 634-6470 ATTURNEY FOR R�Sl'ONl)�NT � TH�SAWY�R COUNTY BUARD Or APPEALS ORDER � , ;� �� i; i; � Case 2021CV000112 Document 9 Filed 10-21-2021 Page 4 of�l ORDCR Il is HEREI31'ORDER�D that the}�arties' focegoing Stipulatioi�is adopted as tl�e Court's Oi'dei• for tlie above-captioned case. Dated: The Honorable John A�I. S'acicel Judge of CicClUt COLIl�t 1 i. P a li � � ii � �; I� + Il i' I� i; II li ;I I` 3 iu i BQA Variance L?ecision Analysis Owner: Miller Re: Varianee Application #21-005 Sawyer County Zaning 5horeland-Wetland Protection Ordinance Section 6.1 Shoreland Setbacks On the basis of the following Findings of Fact, Canclusions of Law, and the Recard in this Matter be it therefore resolved that said variance permit is hereby: �1PPR0�'ED IN PA�T`UUITH COIVDITIONS: PART 1 The construction of a patio/walkway area that is outside of the existing footprint area of the existing cantil�ver p�artion: -[3EN1ED PART 2 The second elemen# of the request has 2 specific expansions related to the same area. First is the relocation of an existing retaining wall not within the existing footprint. This existing retaining wall was relocated further from the water. The second specific request is by moving the retaining wall further back a smaller portion af wa(kway was added. The approximate size of walkway expansion area is 11' x 4' triangular portion, ANQ PART 3 Is for the expansian of a walkway area that is approximately 1.5' x 5'. There was an existing walkway which was allowed for replacement and expansion of the patio area underneath the cantilever partion. However, there was a smal! gap where there wasn't an existing walkway area which has nQw expanded: -,4PPRC�►VED ITH THE �OLLC) 1 G FIVE �5) CO t�ITlQNS: 1. �emove one {1.� foot �f ��Ikway an th�e lak� sid� fram the existing walkway replaced up to �dge c�f first step {no remc�val fram Ianding in front flf stepsj ut�lizing b�st shQreline prote�tion pra�tices. � 2. Remvve one �1) foot of uralkway on the lake side fram �he new walkway nat in �ame existing walkway area utilizing best shoreline pratecti'on practices, 3: The "cemer�t �idewalk ort the plans" named an the Mi'ller's Variance Application tfl be replaced �rith a pervious sur�face of ��t�er a 7REX r�r a crushed s�c��ne v��lkv�ray��: 4�. Two��rain,g��rdens are ta��be in�tailed s�gutt�rs�anti d�rwnspouts wil6 drain ir�to the rain gardens and be captured. The raEn �arden �alans need ta be filed w�th and approved by 5�vuyer Coui��y Z�n�r�g� . 5. The conditions tisted for approval mus# be=completed by November 30, 2�21': FINDIIVGS OF FaCT �A��' �:: The variance PART 1 would be contrary to the public interest and would not be in compliance with the spirit and intent af the Sawyer County Zoning Shoreland- Wetland Protection Ordinance applicable sections: For the purpQse of promoting the public health, safety, convenience and we(fare, and promote and prorect the pufalic trust in navigable waters this ordinance has been established to: 1.31 FURTHER THE MAINTENANCE O�F SAFE AND HEALTHFUL CC3NDlTIONS AND PREVENT AND C�NTROL WATER POLLUTION THRC?UGN: (4) Limiting impervious surfaces to control runoff which carries pollutants. 1.32 PROTECT SPAWlVING GRDUNDS, FfSN AND AC1UATiC LIFE THROUGH: (3) Controlling shoreline alterations, dredging and lagooning. 1.33 CONTROL 8UILDING S1TES, PLACEMENT OF STRUCTURES AND LAND USES THROUGH: (3) Setting minimum buiiding setbacks frorrr waterways. 1.34 PRESERVE AND RESTORE SNORELAND VFGETATION AND NATURAL SCENtC BEAUTY THRDUGH: (2) Preventing shorefine encraachment by structures. A literal enforcement of the terms of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance Section 6.15HORELAND SETBACKS would not result in unnecessary hardship as stated belaw: Require the priar granting of a variance far any new structures not within the existing footprint af the existing structures closer than 75'. PART 2 �i�Q PART 3: WITH CONDITItJNS the variance PART 2 and PART 3 would not be contrary to the public interest and would be �n compliance with the spirit and intent of the Sawyer County Zoning 5horeland-Wetland Protection ardinanee applicable sections: For the purpose of promoting the public heafth, safety, convenience and welfare, and pramote and pratect the public trust in navigable wafers this ordinance has been estr�blished �o: 1.31 FURTHER THE MAINTEtVANCE OF SAFE AND HEALTH�UL CUNDITIONS AND PREVENT AND CONTROL WATER PQLLUTIQN THROUGH: (4) Cimiting impervious surfaces to control runoff which ccrrries pollutants. 1.32 PRC?TECT SPAWNItiIG GRQUNDS, F1SN AND AQUATIC L1FE THROUGH: (3) Controlling shoreline alterations, dredging and lagaoning. 1.33 CONTROL BUlLD1NG SITFS, PLACEMENT 4F STRUCTURES AND LAND USES TNROLlGH: (3) Setting minimum building setbacks from waterrrvays. 1.34 PRESERVE AND REST"ORE SHQRELAND VEGETATlaN AND NATURAL SCENIC BEAt1TY THROUGH: (2� Preventing shorefine encroachment by structures. A litera! enforcement of the terms of the Sawyer County Zoning Shoreland-Wetland Protection Ordinance Section 6.1 SHQRELANQ SETBACKS would resuit in unnecessary hardship as stated below: Require the prior granting of a variance for any new structures not within the existing footprint of the existing structures closer than 75'. CONCLUSIt�IVS OF LAW T��=�.�: Based on the contents of the variance application, the Sawyer County Zoning Shoreland-Wetland Protection Ordinance, the Town ComprehensiVe Plan, state law, and the testimony and exhibits entered into the recard the variance does not meet all three of the following tests: 1. Unnecessary Hardship That the hardship does not consist of a situation where, in the absence of a variance, compliance with the strict letter of the restrictions governing area, setback, frontage, height, bulk ar density will unreasonably prevent the owner from using the praperty for a permitted purpose ("use"J or would render conformity with such restrictions unnecessarily burdensome ("area"}. The hardship is self-created. Claimed Zoning told Applicants they could expand the patio/walkway out to include the "1 foot overhang"of the cantilever srructure and retied on that for submitted p{ans. The expansion to ►nclude arecr under overhany was ultimately mdssed by zoning and recerved erroneous approval. Ultimately constructing the expanded patioJwafkway outside of existing footprint. Zoning contests Applicants were told they could expand to incfude area under overhang. In established case law we find justification for our finding: 1. Neither Wisconsin case 1aw nor Wis. Stat. § 59.694(7)(c} distinguishes between before-the-fact and after-the-fact variances. 2. �(�{�C?ER, pell�r�t, v. l�iC�S �£�U TY Z I � +DF ��JUST E T, es ondent, Su re e Cour� �f �scar��r�. Appellant argues that the hardship caused by the existence of the porch is nat self-created because he relied upon assurances of the building inspector. To allow this contention woufd canstitute estoppel af the municipality from enforcing its zoning ordinance. The rule of law in this state is clear that na such estoppel may arise against a municipality for the unauthorized acts of its officers. Tawr� a t�ic�h �n� v. urdock 7 is.2 &��. �53-54 235 �I. .2 497 5�� 1 75 ; ilwaukee u. Leavitt, 3�. isa�� 72p 76, �.42 . .Zcf 169, 1?�.- 72 2�66 . EVen if the inspectar issued a building permit, such a permit would have been void as issued for a structure which is forbidden by the ordinance. at kopf, 7'fae Law vf Zot�ing ar�c� lanrrin 56-1 (3d e�. 1972). A building permit cannot confer the right to violate the ordinance.lelir�ski v. Fg ers, 3� is.2 5� �3, 14 �I. ,2 75C3, 755 �.967}. Thus, the mere statements or assurances of the building inspector cannot canfer such a right. The appeflant is charged with knowledge of the zoning ordinance, .Stcrte ex re1. a��cdcrle Corp. v. �ar�d af Appealsr supra at �.�2, 133 . .2d at 798, and thus may not successfully contend that the existence of the porch, constructed without first obtaining a variance, is not a self- created hardship. This Applicants stance is not persuasive as an unnecessary hardship and therefore the unnecessary hardship step is not met for FART 1. 2. Unique Property Limitation That the applicant has demonstrated an unnecessary hardship due to a condition unique ta the property and not personal to the applicant: Property has a unique shoreland characteristic property limitatian af having a structure allowed within one (1) foot of lakebed which prevents compliance with the ordinance. The property has a sfiructure that was in existence prior to zoning and under current State Law is allowed to expand in same footprint vertically (up and downj without a variance. Therefore, the unique property limitation is met for PART 1. 3. No Harm to Public Interest That the applicant has not demonstrated that the variance wi[I not be contrary ta the public interest and will not undermine the purpose(s) of the ordinance. The variance will cause harm to: 1, The maintenance of safe and healthful conditions and preVent and controi water pollution through limiting impervivus surfaces to control runoff which carries pollutants. 2. Protect spawning grouncis, fish and aquatic life through controlling shoreline alterations, dredgang and lagooning. 3. Control building sites, piacement of structures and land uses through setting minimum building setbacks from waterways. 4. Preserve and restore shoreiand vegetatian and natural scenic beauty through preventing shoreline encroachment by structures. Granting variance would increase the imperVious surface area, not protect spawning grounds, fish and aquatic life, not control placement o#s#ructure minimum setback firom waterway, and cause shoreline encroachment. Therefore, the no harm to public in#erest is nat met for PART 1. PAR1f 2 AND PART 3: Based on the contents af the variance application, the Sawyer County Zoning Shoreland-Wetland Pratection Ordinance, the Town Comprehensive Plan, state law, and the testimony and exhibits entered into the record the Variance daes meet all three of the following tests: 1. Unnecessary Hardship That the hardship does consist of a situation where, in the absence of a variance, compliance with the strict letter of the restrictions governing area, setback, frontage, height, bulk or density will unreasonably prevent the owner from using the property for a permitted purpose ("use") or would render conformity with such restrictions unnecessarily burdensome ("area"). There is an unnecessary hardship present that is not the basis of economic gain or loss and that absent a variance, conformity with the strict letter of the restrictians would be unnecessarily burdensome. Neither Wisconsin case law nor Wis. Stat. § 59.694(7j(c) distinguishes between before-the-fact and after-the-fact Variances. In referenee to variance PART Z listed, the area of expansion outside of existing retaining waU that resulted from squaring up the retaining wall would be compensated for through the removal of one (1) foot of walkway an the lake side from the existing walkway replaced up to edge of first step (no removal from landing in front of steps which is allowedj. Granting the variance with conditions on a walkway expansion area of an 11' x 4' triangular portion would proVide for having more impervious surface area remaved from fakeshore and be further from (akeshore than triangular portion which would result in a net�ain on lakeshore. In reference to variance PART 3 listed, there is evEdence presented that shaws a waikway was present in the past but is undeterminable as to exact size. The area of expansion to be allowed with condition of only being allowed to extend four (4) feet from base of structure wouid provide for less imper�vious surface an the lakeshore and further from the lakeshore. This Applicants stance is persuasive for an unnecessary hardship being present and therefore the unnecessary hardship step is met for PART 2 and PART 3 listed. 2. Unique Property Limitation That the applicant has demonstrated an unnecessary hardship due to a condition unique to the property and not personal to the applicant: Praperty has a unique shoreland characteristic property limitation of having a structure ailowed within one (1) foot of lakebed which prevents compliance with the ordinance. The property has a structure that was in existence prior to zoning and under current State Law is allowed to expand in same footprint vertically (up and down) without a variance. The variance conditions for 2} and 3) listed provide for the new expansions to be further away from the lakeshore. Therefore, the unique property limitation is met for PART 2 and PART 3 listed. 3. No Harm to Public Interest That the applicant has demonstrated that the variance wili not be contrary to the publie interest and will not undermine the purpose(s) af the ordinance. The variance with canditions will not cause harm to: 1. The maintenance of safe and healthful conditions and prevent and eontrol water pollution through limiting imperVious surfaces to contral runoff which carries pollutants. 2. Protect spawning grounds, fish and aquatic life through controlling shoreline alterations, dredging and lagooning. 3. Control building sites, placement of structures and land uses through setting minimum building setbacks from waterways, 4. Preserve and restore shoreiand vegetation and natural scenic beauty through preventing shoreline encroachment by structures. Granting the variance PART 2 and PART 3 with conditions listed would not increase the impervious surface on the iakeshore since gaining more removal of impervious surface on the lakeshore than allawing further fram lakeshore through conditions. With conditions Iwsted would protect spawning grounds, fish and aquat�c life through requiring structure to be one �1) foot further off shoreline. With conditions Irsted would controi the placement of s�tructures with a one (1) foot further setback from waterway. With conditions will nat cause shoreline encroachment since the public interest is receiVing one {1) foat less of impervious surface on lakeshore with conditions. Therefare, the no harm to public interest limitatian is met for PART 2 and PART 3 listed. Kathy Marks From: Heide Miller<heidemiller8455@gmail.com> Sent: Monday,July 19,2021 9:21 AM To: Kathy Marks Cc: Dean Miller Subject: BOA Hearing C,10;I�N This email originated from outside of the organization.Do not dick links or open attachments unless you recognize the sender and know the content is safe. Hi Kathy: Is it possible for you to provide me with the emails for the BOA Committee members or send this email to them? Thanks foryour assistance. Heide Miller Chairman AI Gerber Committee Member Steve Kelsey Committee Member Dee Dobilas Committee Member Laura Rusk Committee Member James Tiffany Committee Member Mark Olson Committee Member Gordon Christians We wanted to provide some additional background information after the Town of Bass Lake Planning Committee and Town of Bass Lake Board meetings on July 1 and July 12 for our request for an A-T-F Variance for the new cabin that we built on Lac Courte Oreilles. We understand that COLA and some of the Town of Bass Lake Planning Committee members were concerned that we tore down a boathouse and built a cabin.We purchased this property in September 1994. It was a cabin when we purchased it and it was a cabin when we tore it down and rebuilt in the same footprint. It was not a boathouse and never has been a boathouse. We are paying G1-Residential tax on the property and have been since we purchased it in 1994. Therefore,there will be no precedent set since we did not remodel a boathouse. We did ask for and receive permission from Sawyer County Zoning to build exactly what our plans show(and that is what was constructed on the property)on September 16,2020 when Zoning issued us a Land Use Permit to build the new cabin. Our builder,Jeremy Hill,Hill Construction,and the two of us met at our property on June S,2020 with Pat Brown from Sawyer County Zoning. We reviewed our options for remodeling or building. We have a substandard lot so the option to move the cabin back 75 feet to build was not possible. Our only option was to build in the footprint which we did. We discussed what the"footprinY'was. That it was the eaves of the cabin. We discussed whether or not we could have a walkway in front of the cabin and what width that walkway could be. We were told by Sawyer County Zoning official,Pat Brown that we could have a 5 foot walkway in front of the cabin. Plans were drawn. An application for Land Use Permit was submitted to Sawyer County Zoning on August 27,2020. A copy of the plans were submitted to Pat Brown from Sawyer County Zoning later in the day on August 27,2020 as per his request. Mr.Brown wanted to review the plans as this would be a"high profile"build. A copy of the plans were enclosed in your packet. On page P-4 of 8 of the plans in the upper left hand corner,it shows the 5 foot walkway,the retaining wall relocation and the walkway expansion. It was our understanding that these items had been approved by Sawyer County Zoning when they issued our Land Use Permit on September 16,2020. Pat Brown's office comments on the Land Use Application were"New structure must remain in existing footprint as shown in plans and field i measurements". The existing structure is built exactly as the plans show. Our builder, Jeremy Hill will provide a larger set of plans for your review at the meeting. If these plans did not meet Sawyer County Zoning's rules and regulations, why were they approved and why were we issued a Land Use Permit. If Sawyer County Zoning had told us that the walkway could only be 4 feet wide in front of the cabin or we could not relocate the existing retaining wall, the plans would have been changed prior to construction. Zoning told us that we could file for this A-T-F variance or we would have faced significant fines starting on June 1, 2021. If you would like additional information, please contact either Dean Miller at 763-218-2500 or Heide Miller at 612-991- 5832. Thank you for your consideration of this matter. Dean & Heide Miller 2 ��} � �' COLA February 2, 2021 Jay Kozlowski Zoning and Conservation Administrator Sawyer County Zoning & Conservation Department 10610 Main Street Suite 49 Hayward, WI 54843 Jennifer Croonborg-Murphy Water Management Specialist State of Wisconsin Department of Natural Resources 2501 Golf Course Road Ashland, WI 54806 Re: Construction cat 6953N Wolfe Point Lane on Lczc Courte Oreilles Dear Mr. Kozlowski and Ms. Croonborg-Murphy: As you know, the Courte Oreilles Lakes Association, Inc. (COLA) represents over 650 lake property owners on big and Little Lake Courte Oreilles. Formed in 1994, COLA exists to protect, preserve, and enhance the water quality of Lac Courte Oreilles (LCO), a WDNR designated Outstanding Resource Water and rare two-story, cold water fishery. COLA is one of Wisconsin's preeminent lake associations because of the state-of-the-art science it has developed along with strong public, legal, and administrative advocacy for the protection and preservation of the water quality of the LCO lakes It is not surprising then that COLA has serious reservations about the re-construction of an old cabin/boathouse located at 6953N Wolfe Point Lane on Lac Courte Oreilles. COLA has reviewed the WDNR's January 19, 2021 , letter to the owners, Dean and Heidi Miller, and Sawyer County's January 21, 2021 , letter to Hill Construction, the company doing the construction work. The WDNR's letter states that the owners and the construction company failed to obtain written authorization or a permit pursuant to Wis. Stats. 30.12(3m) for the new seawall constructed at the site. Sawyer County's letter notes that a "newly constructed `sidewalk' or `seawall' now extends out five feet fi•om the foundation wall" which is "considered a new structure within the Shoreland setback area and unfortunately not allowed." The Sawyer County letter states that the "structure will have to be removed or receive an after-the-fact variance." Mr. Jay Kozlowski Ms. Ms. Croonborg-Murphy February 2, 2021 Page 2 COLA opposes an after-the-fact variance and/or a fine to remedy this transgression by the construction company and the owners. The seawall must be removed. There are numerous old boat houses on LCO that are grandfathered in and that could potentially be remodeled. Allowing the Miller construction to proceed without remedying the violarions will set an unacceptable precedent on LCO not just for aesthetics, but most importantly, far the water quality of the lake because the sidewalk and seawall create more impervious surface than the grandfathered structure and will result in more nutrient and sediment laden runoff being discharged into the lake. In addition, the sidewalk/seawall, because it was constructed without review and approval by WDNR, has eliminated all aquatic/terrestrial habitat along the LCO shoreline that must now be restored. I ask that you keep me apprised and copied on all actions or correspondence between WDNR or Sawyer County and the owner/contractor in this matter. We specifically request that COLA representatives be invited to any direct communication between the WDNR/County and the owner/contractor. Please do not hesitate to contact me should you have any questions. � COURTE OREILLES LAKES ASSOCIATION, INC. /s/Kevin Horrocks By: Kevin Horrocks Its: President CC: Pat Brown, Assistant Sawyer County Zoning and Conservation Administrator William Sande, US Army corps of Engineers Dan Tyrolt, LCO Band of Lake Superior Chippewa Indians Erica Warshawsky, Town of Bass Lake Aaron Koshatka, Conservation Warden Keith Patrick, Waterway Field Supervisar �y�� COLA May 26,2021 Jeremy Hill Hill Construction 15988 US Hwy 63 Hayward,WI 54843 Dean and Heide Miller 1 I S 17 Palisade Court NE Blaine,MN 55449 Re: Construction at 6953N Wolfe Point Lane on Lac Courte Oreilles Dear Mr.Hill and Mr.and Mrs.Miller: On April 14,2021,Jay Kozlowski,Sawyer County Zoning&Conservation Administrator,served you with three orders for correction for the illegal expansion of walkways and the relocation of a retaining wall that were not in the same footprint of the original boathouse at the above-referenced address in violation of Sawyer County Zoning Shoreland-Wetland Protection Ordinance. Mr. Kozlowski informed you that you either had to make the corrections by June 1,2021,or apply for an afrer-the-fact variance. As you consider these alternatives you should be awaze that the Courte Oreilles Lakes Association (COLA)believes you have no basis to seek an after-the-fact variance.The violations you have been cited for aze self-made, and self-made violations do not qualify for an after-the-fact variance. According to the County zoning ordinance. COLA and the LCO Tribe will,therefore,take all necessary action to oppose your attempt to obtain such a variance and should such a variance be granted,will appeal that decision to Wisconsin circuit court. There aze numerous old boat houses on LCO that are grandfathered that could potentially be remodeled.Allowing construction beyond the footprint to remain in perpetuity with no consequence for the cited violations will set an unacceptable precedent for lake protection efforts. COLA encourages you to remove the offending structures to meet the requirements of applicable statutes and ordinances and comply with the impervious surface limitations in the future. It may be that this was just an error on your part. Maybe you just misread the plans. If that is the case,Hill Construction should put a claim in with its liability carrier to cover the costs of the conective acrion. Mr. Jeremy Hill Mr and Mrs. Dean Miller May 26, 2021 Page 2 COURTE OREILLES LAKES ASSOCIATION, INC. /s/Kevin Horrocks �G�.�i.'/C�� By: Kevin Horrocks Its: President CC: Jay Kozlowski, Sawyer County Zoning and Conservation Administrator Dan Tyrolt, LCO Band of Lake Superior Chippewa Indians Al Gerber, Chairman, Sawyer County Zoning Board of Appeals Bruce Paulson, District 8, Sawyer County Board of Supervisors Wisconsin Department of Safety and Professional Services of Legal Services and Compliance P.O. Box 7190 Madison, WI 53707-7190 To Whom it may concern: � I am Jeremy Hill,owner of Hili Construction,the builder for the Miller's home re-build.1 met with the owners and with Pat Brown from Sawyer County Zoning last summer at the Millers home,in the planning process for their home re-build plans,to determine what we could legally do for rebuilding the Miller's home.Pat explained that we were allowed to rebuild everything in the same footprint,and go up or down from that,as long as we stayed inside the footprint,and did not exceed 35'high.He also explained that any ancillary structures,such as sidewalks and retaining walls,could be rebuilt in the same footprints. We designed the Miller's construction plans to fit the regulations that Pat described to us on site. The re-built lakeside sidewalk along the lakeshore adjacent to the house was designed to be in the same footprint as the old sidewalk.Pat told us that we were also allowed to build a new sidewalk under the cantilevered part of the house,as it fit under what Pat described as the "footprint"of the building.From that conversation,my interpretation of what Pat told us the allowed sidewalk size would be,fell inside the"footprint"ofthe roofoverhane ofthe existing home,in terms of what was allowed for a sidewalk,and that is how we designed the plans,with a 5'sidewalk under the cantilever part of the house,to be inside the roof line. Now we are hearing that the"footprint"that we should have used to build the sidewalk within was the wall line of the existing home,not the roof overhang,which would have resulted in a sidewalk that would have been 4'wide That leaves about a 1'difference,and zoning is asking us to cut a 1'strip of conerete off of the new sidewalk,for the portion under the existing house roof overhang,which is about 20'long. That conerete sidewalk is at least 2'thick,as it was designed to withstand the tremendous Ice heaves that occur on this portion of LCO lake,so it would be very difficult to cut out and remove. There is also an additional I'x 5'piece of concrete connecting the two sidewalks that Zoning is asking us to cut out.The Millers have shown pictures of this section that showed it had a conerete sidewalk in this area prior to this,but that some ice heaves had damaged that old concrete sidewalk,so it may not be visible in some of the more recent pictures. We had designed detailed construction plans of the Miller home re-build last summer,showing this new home,in both 2D floorplan drawings and color 3D elevation drawings,and we had submitted those plans to both Sawyer County and the UDC Building Inspector,which clearly showed this sidewaik at 5'wide,and showing the retaining wall 1s built.Sawyer County accepted the construction plan that was submitted last summer for the Miller's home rebuild,and � the county went ahead and issued us the land use permit to build the home as drawn,thus we went ahead and built the sidewalk and retaining wall according to the plan. I feel we should not have to cut any concrete out of this home,as the permit was issued for the building as drawn,and we had tried to follow all rules.This was a complex rebuild,and there were lots of setbacks and rules that Sawyer Counry had to look at to make sure we were following the rules,so I can see how these small details could easily have been missed in the permit review process.But had the interpretation of these items been flagged in the permit review,we would certainly have made any of those changes to our construction plans. As far as where fault lies on this,I based this home plan design off of the conversations we had on site with Pat Brown,so some misunderstanding must have happened as a result of that meeting,as both the Millers and I took the sidewalk discussion to mean we could build the sidewalk to the roof overhang depth.In prior years,the county used to use the roof overhang as the definition of"footprint",and it sounds like recently they have revised this to mean the"wall line" of the building. I don't have a written record of that conversation with Pat, other than Pat's field notes that show us as being allowed to rebuild in the same footprint. As a reputable general contractor, we strictly abide by aoning rules, and especially as we knew this would be a high-profile build, we thought we designed everything to follow the rules as we understood them from our meeting with Pat. I think this is a good learning experience for both Sawyer County Zoning, and my company, as we will learn from this experience and be much more conscious of plan reviews of these items on any future home rebuilds going forward. Being that this plan was sent to Sawyer County with our permit application, and Sawyer County approved the permit as drawn, I feel we should not have to make any modifications to the current structures. Sincerely, Jeremy Hill Hill Construction LLC ��.�., I�� , , ,,, , ,F , .; �. � , 4..• z s�. � '�t,.,, �"... �4 �� ^a� a „. -� M r r. ,�x�` ��`� ��( , }� � , , � x . �'�)))'� ��c� � � r �� . x��i�.VK��`��} �', . ��P� 3��d� - `ti�� ' �4� �'t �+.t� . ��'S .�;y'��: �t r"d �� ♦ nrr+Y4'"=�y'7Ft�. i': : ,,. .� � � `' ` ,��:q 4 .�. �y�. 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'�c__Vv._. / ,30, // ' . _._.c" / / / � � � 6 �i F8S 61q' 6 4p4?, ; � QS� � i�` i i �� N � � � z d ; % t7m � ,� � ; U 792S�, v ; � w i: � � �w � ` r s site plan � m 8/26/2020 v � � m v m � ,�� 3 c c s o o rn v � _ � � : N _ � N � 4 �' O W � W � U � � � � 2 � = r SHEET: GONT�UGTION 5ET 8-21 -2020 P-SofB Pat Brown , From: Pat Brown Sent: Tuesday,June 9, 2020 9:53 AM '\ L 1 , ?., To: Jeremy Hill �� P `� �' J � 5 Cc: Dean Miller Subject: RE: Miller Surveys Jeremy and Dean Thanks for the FP Cert 1 couldn't find it here in the courthouse. I agree raising the basement up a bit would be a good idea. Looking at the CSM it shows a 26' driveway. I believe that would mean you have the right to maintain it but I would run that by someone with more Iegal knowledge. �� l�C�� Assistant Zoning and Conservation Administrator AIS Coordinator Sawyer County Zoning 8s Conservation 10610 Main Street Suite 49 Hayward, WI 54843 Ph: 715.634.6463 Direct Line: 715.638.3229 F�: 715.638.3282 From:Jeremy Hill <jeremy@hillconstruction.net> Sent: Monday,June 8, 2020 5:43 PM To: Pat Brown <pat.brown@sawyercountygov.org> Cc: Dean Miller<dmiller@acgbiz.com> Subject: Miller Surveys Hi Pat, Attached are both the flood elevation survey, as well as the actual CSM survey, for Dean and Heide Miller's property. The CSM shows a driveway platted on there, but it doesn't describe it as an "easement", its just called "driveway". Do you know if this counts as an easement, in terms of allowing us to update and maintain that road, or is that a legal question? It looks like the basement slab is about 3" above the regional flood elevation. So we'll definitely want to mo��e the new cabin basement up a couple feet. I have Dean included on this email also. Let us know if you had any info on the driveway. Thanks, Jeremy Hill Hill Construction, LLC 15988 US Hwy 63 Hayward WI 54843 Cell 715-558-2964 i . ` � � . � [ v � � w.Y�t.�t ... . ., . -. _ ,. ' F �.� � � >,_ : t �, ,: , _ t , .. ��'��r� � �� . � �� ,� ,� ,- �,.,,..�.�.�_...�...� .. . _.�.._..�-_µ�.�� __ � � s �� « ' _ �L� � � __ ._ _ , �� a�----�__ � �A, t \ � �� P N � 11\I 4}' � _.1l�_� ..�,_.� � , ; � ' ,�<.� � . � � . i � , � � j ' ,�;'.� !' ' . � i � ' f` �� ,��j� ��,�'' f?�, �—"^.�-e..—....»....,...,,,,o'.-�.�..-.._....,_�....,.,.,..� � � � '� '�� ' 4� ..d,� 1 1 R� �''�i . ��-___.__,.._•r �� p� �, � � __ l�.{", '��" '--